Aufenthaltserlaubnis; Beantragung zum vorübergehenden Schutz

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

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

The residence permit for temporary protection is issued to refugees from Ukraine in accordance with Section 24 of the Residence Act (AufenthG). A fictitious certificate can be issued for the period until an electronic residence permit is issued.

Residence in accordance with § 24 AufenthG entitles persons entitled to protection to pursue gainful employment without restriction.

An application for a residence permit must be submitted to the immigration authority. An extension of an existing residence permit is generally not necessary at present due to the Ukraine Residence Permit Continuation Ordinance (UkraineAufenthFGV) issued by the Federal Ministry of the Interior and for Home Affairs.

• Valid passport
• Current biometric digital photograph (frontal view)
• 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.

The requirements for the issue of a residence permit in accordance with Section 24 AufenthG on the basis of the decision of the Council of the European Union of March 4, 2022 on the determination of the existence of a mass influx of displaced persons from Ukraine are

Proof of belonging to the eligible group of persons:

• Ukrainian nationals who had their habitual residence in Ukraine before February 24, 2022 (Art. 2 para. 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 before February 24, 2022 (Art. 2 para. 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 partnership must have already existed in Ukraine on February 24, 2022
  • the spouse of a person under Art. 2 para. 1 a) and b) or their unmarried partner who lives with this person in a permanent relationship,
  • unmarried minor children of persons under Art. 2 para. 1 a) and b) or their spouse or unmarried partner living in a long-term relationship with this person (regardless of whether the children were born in or out of wedlock or adopted),
  • other close relatives who, at the time of the circumstances giving rise to the mass influx of displaced persons, were living within the family unit and were wholly or largely dependent on a person referred to in Article 2(1)(a) and (b) for their maintenance or care.
• Stateless persons and nationals of third countries other than Ukraine who can prove that they have legally resided in Ukraine before February 24, 2022 on the basis of a valid permanent residence permit issued under Ukrainian law and who are unable to return safely and permanently to their country or region of origin. A valid permanent residence permit issued under Ukrainian law is a residence permit that is comparable to a German settlement permit or an EU permanent residence permit (Sections 9, 9a AufenthG). Persons applying for protection on the basis of a Ukrainian residence permit must be able to prove to the relevant immigration authority that they meet the admission criteria by submitting the relevant documents.
• Ukrainian nationals already residing in Germany with a residence permit may be able to apply for a residence permit in accordance with Section 24 AufenthG. If the relevant requirements are met, this may also apply to persons who are already residing in Germany with a tolerated stay permit if the previous reason for toleration no longer applies.

Issuance and renewal is free of charge.

Many immigration authorities already offer an online service for submitting applications. Please check this option for your foreigners authority. If your foreigners authority does not offer an online service, please contact the foreigners authority by e-mail or speak to them in person.

Persons displaced as a result of the war in Ukraine following the attack by the Russian Federation on February 24, 2022 can currently enter Germany without a visa on the basis of the Ukraine Residence Transitional Regulation (UkraineAufenthÜV) and stay here for a maximum period of 90 days from the date of first entry into the federal territory without a residence permit as an exception.

If war refugees wish to work, require state support (e.g. in the form of housing, cash payments or medical care) or at the latest when the aforementioned transitional period expires, they must apply for a residence permit.

Administrative court action