Residence permit; application for temporary protection

War refugees can apply for a residence permit for temporary protection.

Description

A foreigner who is granted temporary protection on the basis of a decision of the Council of the European Union pursuant to Directive 2001/55/EC and who has declared his or her willingness to be admitted to the territory of the Federal Republic of Germany shall be granted a residence permit for the duration of the temporary protection measured in accordance with Articles 4 and 6 of the Directive.

The residence permit for temporary protection is granted to refugees from Ukraine in accordance with Section 24 (Residence Act - AufenthG).

The extension of the residence permit, as well as its issuance, must be applied for at the Foreigners' Registration Office.

Prerequisites

The requirements for issuing a residence permit pursuant to Section 24 of the Residence Act on the basis of the Decision of the Council of the European Union of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine are:

Proof of belonging to the eligible group of persons:

  • Ukrainian nationals who were habitually resident in Ukraine before February 24, 2022 (Article 2(1)(a) of the Decision).
  • Stateless persons and nationals of third countries other than Ukraine who enjoyed international protection or equivalent national protection in Ukraine prior to February 24, 2022 (Art. 2(1)(b) of the Decision)
  • Family members of the above-mentioned groups of persons
    According to the decision, the following persons fall under the definition of family, whereby the family relationship must have already existed in Ukraine on February 24, 2022:
    • the spouse of a person referred to in Article 2(1)(a) and (b) or his or her unmarried partner living with that person in a durable relationship,
    • minor unmarried children of persons referred to in Art. 2 par. 1 a) and b) or their spouse or unmarried partner living with this person in a permanent relationship (regardless of whether they are born in or out of wedlock or adopted),
    • other close relatives who, at the time of the circumstances triggering the mass influx of displaced persons, were living within the family circle and were wholly or largely dependent for their maintenance or care on a person referred to in Article 2(1)(a) and (b).
  • Stateless persons and nationals of third countries other than Ukraine who can prove that they have resided lawfully in Ukraine on the basis of a valid permanent residence permit issued in accordance with Ukrainian law before February 24, 2022, and who are unable to return safely and permanently to their country or region of origin. A valid unlimited residence title issued under Ukrainian law is understood to be a residence title comparable to a German settlement permit or an EU permanent residence permit (§§ 9, 9a AufenthG). Persons applying for protection on the basis of a Ukrainian residence title must be able to prove to the competent foreigners authority that they meet the admission criteria by presenting appropriate documents.
  • Ukrainian nationals who are already residing in Germany with a residence title may, under certain circumstances, apply for a residence permit under Section 24 of the Residence Act. If the relevant requirements are met, this may also apply to persons who are already residing in Germany with a toleration permit if the previous reason for toleration has ceased to apply.
  • Other non-Ukrainian nationals who were legally residing in Ukraine and who cannot safely and permanently return to their country or region of origin may also be granted protection under certain conditions.

Deadlines

Persons expelled from Ukraine in connection with the military invasion by Russian forces on February 24, 2022 can currently enter Germany without a visa and stay here - initially for a limited period until August 31, 2022 - without a residence permit.

If war refugees wish to work or require state support (for example, in the form of housing, cash payments or medical care) before August 31, 2022, they must apply for a residence permit.

Required documents

  • Valid passport
  • Current biometric photo (front shot)
  • in the case of authorised representation, a power of attorney with identity card of the applicant and of the authorised representative is required
  • Optional:

    • Proof of date of entry (e.g. entry stamp in passport or other documents),
    • Proof of registration, if already done (e.g. certificate of arrival, proof of arrival),
    • Proof of residence, if already existing (e.g. registration certificate, rental contract),
    • For non-Ukrainian nationals: Proof of previous right of residence in Ukraine.

Online procedures

Fees

  • The issuance and renewal is free of charge.

Remedy

Administrative court proceedings; information

Administrative court action

Links to more information

  • Germany4Ukraine

    The service is also available in English, Ukrainian and Russian.

Status: 30.06.2022

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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