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Allocation/Transfer

Member States may freely organise their reception systems as long as the reception conditions they provide are sufficient to ensure an adequate standard of living for applicants for international protection. (Article 7 RCD (2024)). The directive leaves a considerable degree of discretion for Member States to define how it should be achieved. 

As general rule, applicants have the right to move freely within the territory of the Member State where they are undergoing the asylum procedure. Member States may take the measures below.

  • Allocate applicants to accommodation (Article 7 RCD (2024)) to support the managing of their asylum and reception system. The allocation must take into account objective factors including family unity, special reception needs, and the effective enjoyment of their rights under the RCD (2024). The provision of material reception conditions may depend on the applicant’s actual residence in the assigned accommodation. In this case, a mechanism to verify the actual residence may be set up. Check also the EUAA Operational Standards and Indicators on Reception including Vulnerability-related Aspects, 2026 (Section 1.2. (Re)allocation mechanism to a suitable accommodation facility, Standards 3-7, p. 22-28)
  • Allocate applicants to a geographical area (Article 8 RCD (2024)) within the Member State’s territory to ensure the swift, efficient and effective processing of their application for international protection or the geographical distribution of applicants, taking into account the capacities of the geographical areas concerned and ensuring that applicants have effective access to their rights. Applicants are able to move freely within this geographical area. The area must be sufficiently large and not affect the applicant’s unalienable sphere of private life. Member States must inform applicants of the geographical area to which they are allocated and the boundaries of that area. Check also the EUAA Operational Standards and Indicators on Reception including Vulnerability-related Aspects, 2026 (Section 1.3. Allocation to a geographical area, Standards 8-11, p. 28-31). 
  • Restrict the freedom of movement (Article 9 RCD (2024)) of an applicant and allow an applicant to reside only in a specific place suitable for accommodation for reasons of public order or to effectively prevent the applicant from absconding, particularly when applicants are required to be present in another Member State or have previously absconded. Absconding means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without permission from the competent authorities, for reasons which are ‘not beyond the applicant’s control'. This restriction must not amount to detention. Authorities may also require applicants to report to them at set times or reasonable intervals, provided this does not disproportionately affect their rights. All decisions under this article must be proportionate, consider the applicant’s individual circumstances and special reception needs and be communicated in writing in clear and accessible language. The obligation to reside in a specific place applies even if the applicant has the means to afford other accommodation and could be combined with reporting obligations. The provision of material reception conditions is subject to their actually residing in that specific place. Applicants must be properly informed of their rights, obligations and consequences of non-compliance. The applicant may appeal before a court a decision that restricts their residence to a specific place. Check also the EUAA Operational Standards and Indicators on Reception including Vulnerability-related Aspects, 2026 (Section 1.4. Restrictions of freedom of movement, Standards 12-16, p. 31-39)

The application of restriction of freedom of movement is mandatory in the asylum border procedure (Article 43, Article 54(1) and Article 45(1) of the Asylum Procedures Regulation). Under the asylum border procedure applicants are required by the Member State to reside near the external border, in a transit zone or at other designated areas.

When allocating or reallocating applicants, authorities shall take appropriate measures to maintain, as far as possible, family unity present within its territory. Such measures shall be implements with the applicant's consent. Transfers of applicants between reception facilities should only take place when necessary, (Article 20(7) RCD (2024)). 

The EUAA Operational Standards and Indicators on Reception including Vulnerability-related Aspects, 2026, include relevant standards for (re)allocation and transfers in Section 1.2. (Re)allocation mechanism to a suitable accommodation facility (Standards 3-6, p.21-28). For example, there is the possibility of transferring applicants to a different reception facility as a result of identified special reception needs (Standard 3, Indicator 5, p. 23) but unaccompanied children should not be transferred unless this is in their best interests (Standard 3, Indicator 9, p. 23), including to maintain family unity (Standard 5, Indicator 2, p. 25), and the applicant’s transportation is organised and coordinated in an effective way (Standard 6, p. 26). 

In any situation, it is important to ensure that applicants have sufficient information about such a transfer. Being well informed contributes to building trust and reducing anxiety amongst the applicants.

Information provision messages

For cases of allocation during the arrival phase, inform applicants about the following, depending on the national practice and individual situation of the applicant.

  • Allocation to an accommodation place (reception facility, no restriction): 
    • the reasons for the allocation to a certain reception facility (e.g. efficient distribution of applicants, access to services, family unity)
    • the rules for entering and exiting the facility
    • presence checks or other measures in place (e.g. regular proof of address, phone number/ email address)
    • the right to choose to stay in private accommodation is they have sufficient means (if no other restriction)
    • access to material reception conditions (e.g. housing, food, and basic support) may depend on residing in the allocated accommodation (if applicable). 
  • Allocation to a specific geographical area:
    • the reason for the allocation for a specific geographical area
    • the boundaries of this area and the right to move freely within it
    • the right to request permission to temporarily leave the assigned area for urgent family reasons or necessary medical treatment, the procedure to follow and guidance on how to request this
    • the right to appeal a decision denying such permission, in accordance with the procedures laid down in national law
    • the obligation to inform the reception authority of any appointments with other authorities outside the allocated geographical area. 
  • Restriction on the freedom of the movement and obligation to reside in a specific place (if applicable): 
    • the applicant receives the decision in writing in a language they understand or a reasonable supposed to understand 
    • the reasons (e.g. risk of absconding, public order)
    • proportionality of the decision and consideration of individual circumstances and special needs
    • the right to appeal a decision denying such permission, in accordance with the procedures laid down in national law
    • access to reception conditions
    • rules to follow 
    • the consequences of non-compliance
    • the right to appeal the decision and available mechanisms
    • the right to request temporary residence outside the allocated place and the procedure to follow
    • the right to appeal a decision denying such permission and the available mechanisms.

For transfers to another facility, inform applicants also about the following:

  • reason, considering the applicant’s individual circumstances and the best interests of the child
  • right to notify their legal counsellors of the transfer and new address.
  • differences between the current and the new facility (e.g. accommodation, material support, services), the continuation of assistance and access to services. 
  • transfer services, the date and time of transfer, estimated duration, pre-departure preparation and financial support
  • consequences of not complying with the transfer, in line with national practice (e.g. impact on reception conditions)
  • transfer of the person’s file to the new reception facility
  • the focal point designated to provide additional information on allocation and transfer.
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Practical tips

  • Adapt the content of this information, the format and the delivery method to the communication needs of applicants (e.g. children, persons with disabilities, persons with low literacy, victims of violence), by avoiding details that might create distress.
  • Use the support of cultural mediators, psychologists or other specialised staff.
  • Use a combination of communication channels (oral, visual, written) adapted to the circumstances of the applicant. 
  • Use visual support (e.g. maps, images of the new facility, infographics, short animations) and organise Q&A sessions.
  • Address and proactively respond to any rumours regarding allocations and transfers, by providing accurate and timely information, including with the support of community leaders and cultural mediators.