Persons who arrived in Germany and who wish to stay in Germany longer than 90 days must apply for a residence title within 90 days.
After the renewed extension of the Ukraine Residence Rights Transitional Regulation, it is now valid at least until 04.03.2024 that all persons who stayed in Ukraine on 24.02.2022 are exempt from the requirement of a residence title for a period of 90 days from the date of first entry into the territory of Germany.
A residence title can be, for example, a visa, a Blue Card or other residence title issued based on employment but also a residence title for the granting of temporary protection under Section 24 of the Residence Act (“Aufenthaltsgesetz” or “AufenthG”), which is currently granted to many refugees from Ukraine.
Since Section 24 AufenthG is currently the most widespread residence title for Ukrainian refugees, the explanations hereafter are limited to this one. Please note that other residence titles are subject to different rules regarding procedures and requirements.
For many persons who have fled from Ukraine, a residence permit for temporary protection according to Section 24 AufenthG will be issued. This applies especially to all Ukrainian nationals. One speaks of the "application for a residence permit according to Section 24 AufenthG" or the "application for temporary protection".
Important: The application for temporary protection according to Section 24 AufenthG is not an asylum application; it aims at a separate, faster procedure especially for the situation in Ukraine since 24.02.2022.
a) Ukrainian citizens who had their residence in Ukraine before 24.02.2022 or who entered the EU shortly before 24.02.2022 or who are already residing in Germany with a residence title.
b) Third-country nationals (i.e., persons without Ukrainian citizenship) or stateless persons who resided legally in Ukraine before 24.02.2022 and had a valid permanent or temporary residence permit there and either
c) certain family members of these groups of persons
Refugees of Jewish descent who have fled Ukraine are granted facilitated access to an admission permit within the meaning of Section 23 para. 2 AufenthG. It is best to obtain information from a local Jewish community, which you can find at Zentralrat der Juden: Gemeinden .
You can find a hotline under Zentralrat der Juden: WIR SIND FÜR SIE DA! You must be able to prove your Jewish ancestry with original documents.
Late repatriates from Ukraine can find further information in the leaflet of the Federal Office of Administration under BVA - Spätaussiedler - Merkblatt Ukraine (bund.de).
If the family member is an EU citizen, he or she can live and work in any EU Member State in line with freedom of movement.
In turn, the general rules apply to joining an EU citizen, in other words a corresponding residency title, which also immediately permits any gainful employment, is issued to marital spouses, registered partners and children up to 21 without any further conditions.
If the family member is not an EU citizen, he or she requires a German residency title in order to live and work in Germany.
The residency title of the family member in a third country is not generally relevant in relation to residency in Germany.
However, if the family member already holds a residency title in one EU state according to the Protection Directive (in Germany this would be the residency title according to § 24 of the Residency Act - AufenthG), this title cannot be immediately applied for again in another host state. According to the implementation in force in Germany an application to the locally competent foreigners’ authority is required to move to another EU Member State. This application is then forwarded to the country in which the family member wishes to join his or her relative(s). If the other country agrees, the family member receives notification from the foreigners’ authority. In the case of family reunification, this agreement will generally be granted.
If the family member does not (yet) have a residency title under the Protection Directive (in Germany: residency title in accordance with § 24 of the Residency Act - AufenthG), a residency title can be issued in Germany in accordance with § 24 AufenthG under the provisions of the BMI circular dated 14.04.2022, if they are family members as defined in this circular . The circular sets out the following requirements in this respect:
If the family member does not have his or her own claim to a residency title under § 24 of the Residency Act (AufenthG), a family reunification can take place under § 29 Paragraph 4 AufenthG if
This applies to the following family members:
It is also possible for other family members to be granted a residency title under § 24 of the Residency Act (AufenthG ) if the purpose is to avoid exceptional hardship (§ 29 Paragraph 4 Sentence 2 and § 36 Paragraph 2 AufenthG).
As a third-country national (i.e. a person without Ukrainian citizenship), you will receive a residence permit for temporary protection according to Section 24 AufenthG if Germany would not be allowed to deport you to your country of origin. This is the case, for example, if you are threatened there, for example, because of your religion or political convictions, if there is a concrete danger to your life or freedom, if you have a life-threatening illness, or if deportation is impossible for other reasons.
If you do not meet these requirements or if you are not sure about that, you should seek legal advice [Talk to a pro bono lawyer].
It can also be checked, whether you can get another residence permit (e.g. for studying or employment), which would allow you to stay in Germany.
Important: If you belong to one of these groups of people and want to stay in Germany beyond 31.08.2022, you should seek legal advice. Maybe you meet the requirements for another residence title. The pages of make-it-in-germany.com offer a good overview.
A residence title for work requires in most cases a university degree or a recognized vocational training, a job offer and usually knowledge of German.
A residence for the purpose of training is possible if you have German language skills (Level B 1) and a training position.
A stay for the purpose of studying requires above all a place to study and, as a rule, knowledge of German (Level B1).
Otherwise, you can find support offers for the return to your country of origin at https://www.germany4ukraine.de/hilfeportal-de/einreise-aufenthalt-und-rueckkehr. Further information is available here in English and Russian.
Important: Voluntary return to Ukraine is currently not supported.
Important: An application for a residence permit according to Section 24 AufenthG (temporary protection) is not an application for asylum. These are different procedures. Do not apply for asylum without professional advice! Because: The asylum procedure takes much longer, is more time-consuming and you could be rejected. An application for temporary protection according to
A residence permit in accordance with Section 24 (1) AufenthG for Ukrainians that is still valid on 1 February 2024 will be automatically extended until 4 March 2025. You do not need to go to the relevant immigration office for an extension.
If you arrive in Germany for the first time, you must apply for a residence permit within 90 days if you want to stay in the country for longer.
Meanwhile, the application is usually no longer possible only on site, but also online:
https://www.germany4ukraine.de/hilfeportal-de/service/aufenthaltserlaubnis#/
or by using this free legal tech tool:
https://app.tripliq.com/run/ukraine/#/2
Please ask your local immigration office how to proceed.
You have to come to the appointment in person and bring all the necessary documents with you.
You have to show your passport, but you do not have to hand it in. The authorities or police have no right to keep your passport. Only with a special reason, your passport may be retained. This can happen, for example, if there is a suspicion of forgery.
As a rule, the Foreigners Authority ("Ausländerbehörde") does not issue a residence permit immediately. Rather, the office first checks your documents and the information you have provided. Therefore, it may take some time until you receive your residence title and work permit.
For the waiting period, however, the Foreigners' Office will issue a so-called "fiction certificate".
WHAT IS A FICTION CERTIFICATE?
A fiction certificate (Fiktionsbescheinigung) is a decision of German authorities which is issued to persons who are in Germany and have applied either for the granting or the extension of a residence permit or settlement permit, but the Aliens' Registration Office has not yet made a decision on this. It is a temporary certificate. The fiction certificate proves the existence of a provisional right of residence. However, the right of residence is still provisional and therefore not secured.
This certificate allows you to work if the authority notes this in the fiction certificate. [More information, see our chapter "Work&Taxes"]
In general, yes. A valid document proving your identity has to be presented for the application. This includes a passport or passport substitute (also non-biometric), a Ukrainian identity card or a certificate of identity clarification issued by the Ukrainian embassy or the respective national identity card.
You need to bring this document to your personal interview appointment. Thus, if the document has expired, you should contact the embassy of your country of origin before the appointment at the Foreigners Authority ("Ausländerbehörde") to renew your passport.
If you are unable to present a valid passport at the appointment at the Foreigners Authority ("Ausländerbehörde"), you will be issued a so-called travel document for foreigners.
All required documents are listed on the websites of the foreigners’ authorities; the necessary forms can usually also be downloaded there.
In addition, you will also be informed about which documents you need to bring with you with the appointment confirmation that you receive by e-mail.
No, there are no fees for the application for a residence permit for temporary protection according to Section 24 AufenthG.
The residence permit is initially valid until 04.03.2025. For the time after that, there are no special regulations yet, so that according to the current status, a change to another residence title will be necessary for a longer stay.
In other countries of the Schengen area, you can stay for 90 out of 180 days without further ado. You can also return to Ukraine at any time. Your residence permit is only endangered by a return trip to Ukraine, if either not only temporary stay is planned or the stay exceeds six months.
Further information is available here in English and Russian.
With the protection according to Section 24 AufenthG, you are subject to a so-called residence requirement. If you plan to move, it is imperative that you apply for the lifting of the residence requirement at the Office for Migration and Integration before you move. This applies in particular if you have already been biometrically registered or have submitted applications, for example for a residence permit or social benefits.
The lifting of the residence requirement is possible if
Furthermore, the residence requirement has to be revoked if it leads to particular hardship. This is especially the case if
The residency requirement cannot be lifted if you have only found an apartment in another municipality, but not an employment relationship.
The Central Register of Foreign Nationals (Ausländerzentralregister, "AZR") is a central register in Germany regarding the foreigners and asylum law. The AZR contains information on people from other countries who are staying in Germany not only temporarily but for a longer period of time (meaning longer than three months). The AZR serves as a common source of information for the authorities.
You are registered in the AZR, if you have a residence title in Germany, or if you are a recognized asylum seeker, or if you register as asylum seeker.
Personal data is collected at the registration. All applicants have their photograph taken and all applicants age 6 and older have their fingerprints taken in addition.
If you are already in Germany, you can report to an authority (for example, the police, a foreigners authority, a reception center or directly to an arrival center or an AnkER facility).
You have to register if you want to get a residence permit. You also have to register in order to receive support from the government (for example, financial benefits). Find more information in our chapter social welfare.
During the identification procedure (erkennungsdienstliche Behandlung), fingerprints are taken and stored in the Central Register of Foreign Nationals. This helps to identify individuals.
You have to do the identity procedure if you have fled Ukraine because of the war. Since June 1, 2022, the identification treatment is obligatory.
The identification treatment is done at the aliens' registration office. You can find the foreigners authority responsible for your city or federal state at https://bamf-navi.bamf.de/de/Themen/Behoerden/. Usually, the responsible authority will contact you and remind you to do the identification procedure.
* No guarantee can be given for the correctness and completeness of the information published in the FAQ. The published FAQs contain general information that cannot reflect every individual case.
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