Who can apply for cancellation of permanent residence
The basic rule is that you cannot cancel your permanent residence yourself. If you want to move away from your original address, you must register a new place – for example, an apartment you bought or a rented flat where you will actually live. Your original address will automatically disappear. If someone has stayed “registered” at your address, even though they have been living elsewhere for a long time, you can apply to cancel your permanent residence.
In particular, the owner of a property where the stranger is still registered as residing can file this application. Typically, this is a situation where the tenant moves out but forgets to check out the address. Another example would be an authorised occupier of an apartment or house, for example a tenant who has rented an apartment and discovers that someone else has registered their residence there without actually living there.
Another common reason is divorce or separation, where one of the partners leaves but keeps the registered address. For the owner or current occupant, this can mean complications when dealing with the authorities, for example in relation to welfare benefits, enforcement or service of process.
It is important to know that a petition to cancel a permanent residence cannot be filed arbitrarily. It is not enough to say “I don’t want someone to have permanent residence here”. It is always necessary to prove that the person does not actually live in the apartment or house. The authority then considers all the circumstances and decides whether the conditions for cancellation have been met.
Are you solving a similar problem?
Are you planning to rent a property?
We will draft or review a lease agreement tailored to your case. Thanks to our services, even after the end of the lease, no disputes will arise between landlord and tenant regarding unclear rights or obligations.
More information
- When you order, you know what you will get and how much it will cost.
- We handle everything online or in person at one of our 6 offices.
- We handle 8 out of 10 requests within 2 working days.
- We have specialists for every field of law.
How the Authority’s decision is made
The submission of the application initiates the administrative procedure, which is conducted by the Notification Authority. Its task is to check whether the conditions for cancelling permanent residence are met. This is not a purely formal process; the authority must establish that the person does not actually live in the property.
The authority may invite the person concerned to comment on the matter. The person has the right to claim otherwise, for example that he or she still lives in the flat, even if this is contrary to reality. In such a case, the notification authority evaluates the evidence of both parties and makes a decision. Sometimes there is a local inquiry, where a member of staff visits the property to check whether the person is living there.
If the application is found to be justified, the authority will issue a decision cancelling the person’s permanent residence. The person is then registered at the so-called official address. This is usually the seat of the municipal authority at the place of last residence. This means that the address of the office appears on the identity card and in the population register instead of the original address.
In practical terms, this can have unpleasant consequences for the person concerned, for example when dealing with documents, benefits or court proceedings. For you as the claimant, it means that the person is no longer registered at your address and you no longer face potential administrative complications.
If the authority rejects the application, you can appeal against the decision. In such a case, it pays to have well prepared evidence and, if necessary, to use the help of a lawyer.
When is permanent residence revoked?
The most common reason for filing a petition is a former tenant who has moved out but has not changed their permanent residence. The landlord is then often faced with receiving mail for the former tenant or having bailiffs or official letters in the apartment. This situation is very unpleasant and the only solution is to file a petition to cancel the permanent residence.
Another common situation is divorce or separation. One of the spouses or partners leaves but keeps the address. This can complicate the life of the person who actually stays in the flat, for example when applying for social benefits, serving court papers or in enforcement proceedings.
A third common case concerns death. Although it seems logical that permanent residence ceases with death, in practice the person must deregister from the population register. This is often part of the official procedures for settling an inheritance, but sometimes the survivors have to deal with it themselves.
There are also specific cases of unauthorised registration, for example when someone registers a child or other family member at an address without actually living there. Here, too, it is possible to apply for cancellation of residence. However, it always depends on what evidence can be provided.
