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Information for refugees from Ukraine
The attack by Putin's army on Ukraine in violation of international law forced and continues to force millions of people to flee. We would like to give those affected, their family members, friends and supporters an orientation on the regulations that now apply to them in Germany and what their prospects are.
This page is updated regularly. State: 22.04.2022
REGULATIONS TO DATE AT EU AND GERMAN FEDERAL LEVEL
In addition to the EU Council Decision on Temporary Protection, there has been a Ukraine Residence Transitional Regulation in Germany (UkraineAufenthÜV, prolonged until 31st of August 2022) and a circular from the Federal Ministry of the Interior dated March 14 on the implementation of the EU Council Decision and on the distribution of people in need of protection among the federal states. In a recent letter from the Federal Ministry of the Interior dated April 14, additional information was provided on the implementation of the EU regulations in Germany. More will probably follow.
We will update this page regularly to include and explain new rules and regulations. However, many questions are and will remain unclear, as there are not and will not be regulations for all issues. Moreover, this »general« advice can only provide an overview and initial guidance, but cannot replace individual advice on more complex questions.
On March 3rd the European Union implemented »temporary protection« for refugees from Ukraine. They don’t need to go through asylum process, protection can last up to three years. More info here! (and also in Russian: русский перевод and Ukrainian: український переклад)
We have published information on entering Germany from Ukraine here: Important information on entering and remaining in Germany for Ukrainians.(German)
This information is also available in Ukrainian (Status 25.02.).
AS AT PRESENT, NO APPLICATION FOR ASYLUM SHOULD BE SUBMITTED IN MOST CASES
As a rule, neither people with Ukrainian passports nor people without Ukrainian passports fleeing from Ukraine should apply for asylum. Such an application should – if at all – only be made after prior individual counseling. Ukrainians can apply for temporary protection easily and with a minimum of administrative effort (see below), and should certainly do so.
Also for people without a Ukrainian passport, an asylum application is usually a dead end in this situation, since in most cases it is not about a threat in the country of origin, but they would for example like to continue their studies in Germany. An asylum procedure is a very unfortunate way to do this. An asylum application implies the obligation to live in an asylum shelter, even if the people are already privately housed, as well as the assignment to a certain federal state and possibly later to a certain district. A move to another city, for example to continue studies there, is then almost impossible.
LEGAL ENTRY AND RESIDENCE FOR REFUGEES FROM UKRAINE UNTIL August 31, 2022
The UkraineAufenthÜV of March 7 (prolonged April 8) regulates the entry and residence of all refugees from Ukraine (extended on 08th of April). Accordingly, Ukrainians with residence in Ukraine, but also foreigners who have stayed in Ukraine on 24.02.2022 are exempt from the need for a residence permit.
This regulation applies retroactively from the day the war began and with extension now until August 31, implies that these people have entered or are entering Germany legally and are staying here legitimately. The persons concerned do not have to fear any punishment, for example because they would have been allowed to enter Germany only with a valid visa. They do not have to worry that they might be staying here illegally.
However, this only regulates the entry and stay of Ukrainians and foreigners from Ukraine, initially until August 31. This is a quick remedy, but it does not say anything about the long-term residence possibilities of the people concerned (more on this below).This regulation can be extended again – we will inform about it here if necessary.
TEMPORARY PROTECTION AS THE MAIN TYPE OF RESIDENCE
Temporary protection is an instrument to provide protection and to guarantee certain rights to people in a comparatively uncomplicated way and without conducting lengthy and bureaucratic asylum procedures.
In practice, however, there are unfortunately significant problems and delays in many areas, as well as chaotic conditions in some cases, when it comes to making appointments for registration, distribution, accommodation or the granting of benefits. In order to simplify the entire process of registration, distribution and application for a residence permit, it has been possible since mid-April to apply for a residence permit electronically via www.Germany4Ukraine.de. This service allows refugees to apply for a residence permit electronically. Through this service, refugees can submit their data online for the issuance of a residence permit, which should shorten the duration of on-site contacts at the foreigners’ authorities. However, this does not replace biometric registration, but is intended to be used to ensure that the basic data of individuals who have not yet been registered is collected, thereby triggering distribution. It is to be hoped that this new system will ease the burden on the foreigners authorities and thus, of course, also on the refugees.
You can read here for which groups of people this protection is intended and how they should proceed now:
Ukrainians who have had to flee to Germany after February 24 can apply for a residence permit (German: Aufenthaltserlaubnis) according to § 24 German Residence Act (AufenthG) for temporary protection at the Foreigners‘ Registration Office (German: Ausländerbehörde) at their place of residence (e.g. if they are staying with relatives or friends).. Until the residence permit is issued, the people temporarily receive a so-called fictional certificate (German: Fiktionsbescheinigung). The residence permit itself is to be issued in Germany for two years. By EU Council decision, temporary protection can be extended by another year to a maximum of three years. In this case, the residence permit would then also have to be extended by another year.
If no private accommodation is available, please contact a state-run primary reception center. From there, you will be assigned a place of residence in Germany, where you can then apply for § 24 AufenthG at the responsible Foreigners‘ Registration Office. Since March 16, 2022, a distribution to the federal states is carried out according to distribution key called »Königsteiner Schlüssel«, comparable to the distribution of asylum seekers. This means that the place of residence can no longer be freely chosen. Exceptions to this are – as described above – those who can be accommodated privately.
The same also applies to those who entered the country before February 24, as long as they fled Ukraine »not long« before February 24, 2022, or were in the EU »shortly before« that date. A period »not long before February 24, 2022« is assumed to be no more than 90 days. Thus, for example, people who were already visiting Germany or another EU country before the war began are also eligible for temporary protection.
Ukrainian citizens with a residence title in Germany can also apply for a residence permit according to § 24 AufenthG, if the extension of the current residence title is not possible.
In the case of Ukrainian citizens who have applied for asylum (even before February 24) and are now applying for temporary protection, the asylum procedures will not be pursued until the residence permit is issued in accordance with § 24 German Residence Act (AufenthG). Accordingly, those who do not apply for temporary protection will only receive an asylum examination by the BAMF. In general, however, it is not advisable to conduct an asylum procedure (see above).
There may also be possibilities for temporary protection for Ukrainian citizens who are only living in Germany with a toleration (German: Duldung). If the previous reason for toleration has ceased to apply, an application can be made for a residence permit under § 24 German Residence Act (AufenthG). However, people who were previously tolerated because of missing travel documents or unclear identity should be excluded from temporary protection. In case of doubt, the persons concerned are recommended to seek individual advice on site.
If the previous reason for toleration persists, the toleration should be extended and the period of the new toleration should be determined generously. In addition, it should be provided with a work permit if there are no legal prohibitions on working (e.g. due to lack of cooperation in obtaining a passport).
Non-Ukrainian third-country nationals or stateless persons who were granted international protection or a comparable national protection status in Ukraine before February 24, 2022, and their family members (see below) can apply for a residence permit (German: Aufenthaltserlaubnis) according to § 24 German Residence Act (AufenthG) for temporary protection at the Foreigners‘ Registration Office (German: Ausländerbehörde) at their place of residence (e.g. if they are staying with relatives or friends). Until the residence permit is issued, the people temporarily receive a so-called fictional certificate (German: Fiktionsbescheinigung) . The residence permit itself is to be issued in Germany for two years. By EU Council decision, temporary protection can be extended by another year to a maximum of three years. In this case, the residence permit would then also have to be extended by another year.
If no private accommodation is available, please contact a state-run initial reception center. From there, you will be assigned a place of residence in Germany, where you can then apply for a residence permit according to § 24 AufenthG for temporary protection at the foreigners authority. Since March 16, 2022, a distribution to the federal states is carried out according to a distribution key called »Königsteiner Schlüssel«, comparable to the distribution of asylum seekers. This means that the place of residence can no longer be freely chosen. Exceptions to this are – as described above – those who can be accommodated privately.
Family members of Ukrainians and of beneficiaries of international protection in Ukraine are also granted a residence permit (German: Aufenthaltserlaubnis) for temporary protection if the family already existed in Ukraine and regardless of whether the family members could return to their home countries. The nationality of the family members does not matter for temporary protection. They, too, can apply for a residence permit according to § 24 German Residence Act (AufenthG) for temporary protection at the Foreigners‘ Registration Office (German: Ausländerbehörde) at their place of residence (for example if they are staying with relatives or friends). This also applies if only the family members are in Germany and the Ukrainians or the beneficiaries of international protection in Ukraine, from whom the temporary protection is derived, are not yet in Germany.
At first, the people usually receive a so-called fictional certificate (German: Fiktionsbescheinigung) until the residence permit is issued. The residence permit itself is to be issued in Germany for two years. By EU Council decision, temporary protection can be extended by another year to a maximum of three years. In this case, the residence permit would then also have to be extended by another year.
If no private accommodation is available, please contact a state-run initial reception center. From there, you will be assigned a place of residence in Germany, where you can then apply to the relevant § 24 AufenthG at the foreigners authority. Since March 16, 2022, a distribution to the federal states is carried out according to a distribution key called »Königsteiner Schlüssel«, comparable to the distribution of asylum seekers. This means that the place of residence can no longer be freely chosen. Exceptions to this are – as described above – those who can be accommodated privately.
Family members in the sense of this regulation are spouses and underage children. The children must have been minors on the day the war began, i.e. February 24. However, it is not relevant if they have already reached the age of majority at the time of the application for temporary protection. Non-Ukrainian parents of Ukrainian minors who have custody and a permanent Ukrainian residence permit also receive temporary protection if, for example, the other Ukrainian parent cannot leave Ukraine. In their case, it should be assumed that this parent cannot safely and permanently return to the country of origin.
In addition, unmarried couples (including same-sex couples) in long-term relationships, as well as other relatives living in the same household who lived in a family bond with the principal person before the outbreak of war and are wholly or mostly dependent on the principal person, are also considered family members for the purposes of the regulation. Thus, one does not necessarily have to be married to receive temporary protection and a residence permit according to § 24 AufenthG.
However, the question of the respective individual verification remains, since a simple household or economic community should not be sufficient to be considered a family member in the sense of temporary protection. In the case of non-married partners or other relatives living in the household, it should be a long-term community that does not allow for any other relationship of the same kind. The relationship must be characterized by internal ties that justify mutual support of the persons in case of need. Thus, if necessary, very close ties to each other must be demonstrated, which go beyond a common residential address. On the other hand, evidence gaps caused by displacement are to be taken into account in a conclusive submission of facts in favor of the persons concerned. Time will tell in practice what this means in each individual case.
Non-Ukrainian family members who do not reside in Ukraine or in Germany or other EU countries and who meet the requirements for temporary protection can apply for a visa at the embassies in accordance with § 24 German Residence Act (AufenthG), e.g. if airlines are not allowed to transport them without a visa.
Foreigners an stateless people who have lived in Ukraine with a temporary or permanent residence permit (e.g. students or employed persons) and who are not considered family members of Ukrainians or beneficiaries of international protection can only receive a residence permit according to § 24 German Residence Act (AufenthG) under certain conditions and only in respectively individual cases.
According to the Federal Ministry of the Interior, those who cannot safely and permanently return to their home country should receive a residence permit for temporary protection.
People who have stayed in Ukraine with a valid permanent residence permit should be assumed to be unable to return safely and permanently to their country of origin because they have closer ties to Ukraine than to their country of origin. They can apply for a residence permit according to § 24 German Residence Act (AufenthG) for temporary protection at the foreigners’ authority at their place of residence, if one already exists (for example if they are accommodated with relatives or friends). Until the residence permit is issued, the people temporarily receive a so-called fictitious certificate (German: Fiktionsbescheinigung). The residence permit itself is to be issued in Germany for two years. By EU Council decision, temporary protection can be extended by another year to a maximum of three years. In this case, the residence permit would then also have to be extended by another year.
If no private accommodation is available, please contact a state-run initial reception center. From there, you will be assigned a place of residence in Germany, where you can then apply for § 24 German Residence Act (AufenthG) at the responsible foreigners’ authority. Since March 16, 2022, a distribution to the federal states is carried out according to the so-called »Königstein Key«, comparable to the distribution of asylum seekers. This means that the place of residence can no longer be freely chosen. Exempt from this are – as described above – those who can be accommodated privately.
For all other people with a temporary Ukrainian residence title, the important question arises as to how the possibilities of a safe and permanent return to the country of origin are being checked by the authorities? The EU Commission’s communication of March 21 and the second circular of the Federal Ministry of the Interior of April 14 provide additional information in this regard:
A safe return to the country of origin is, for example, impossible if armed conflicts or ongoing violence pose an obvious risk to the safety of the person concerned. Other risks of persecution or inhuman or degrading treatment must also be examined. For the countries of origin Eritrea, Syria and Afghanistan, it is generally assumed that safe return is not possible and the persons concerned should be granted residence permits for temporary protection by the foreigners’ authorities.
However, people from other countries of origin may also be granted temporary protection under certain circumstances. In assessing whether a ‚safe and durable‘ return is possible, the authorities should consider and examine the individual circumstances of the people concerned, in addition to the general situation in their country of origin. This means that in the procedure, people must have the opportunity to individually justify why they cannot return to their country of origin under safe and durable conditions.
As these issues can be very complex, it is strongly recommended that affected persons seek individual independent advice before applying for temporary protection. Not least because in many places people have been and are being referred to the BAMF and asked to apply for asylum. However, the foreigners’ authorities are initially responsible for the examination within the framework of the procedure for the examination of a residence permit for temporary protection. Only if it can be inferred from a person’s presentation that he or she is seeking protection from political persecution, i.e. that it is materially an asylum application, should they be referred to the BAMF, with all the associated legal consequences (see above). People must be informed of this by the foreigners’ authority before submitting their application. If people’s statements about a non-safe and permanent return do not correspond to an asylum request, the application for temporary protection must be examined by the foreigners’ authority.
Anyone who stayed in Ukraine only for a short period of time (for example for a visit or for short-term jobs or similar) and then had to flee does not qualify for temporary protection. A temporary short stay is any stay in Ukraine not exceeding 90 days for a temporary purpose. Thus, a short stay is not to be assumed – even if the actual stay lasted less than 90 days – if a permanent stay was in prospect, but no protection status or permanent residence title could be obtained by February 24, 2022.
Non-Ukrainians who are not entitled to the temporary protection or for whom this is currently unclear should, if necessary, apply for a residence permit in time before August 31st, 2022. A timely application will result in what is known as a fictional certificate (German: Fiktionsbescheinigung), and residence will then continue to be considered permitted until the foreigners authority has made a decision on the application. This means that these persons are not forced to leave the country. At the latest at this point, however, the persons concerned are urgently advised to seek individual and independent advice with regard to their respective options and prospects under the law on residence.
In principle, it can already be recommended that these people »use« their current legal residence until August 31, 2022, if possible, in order to create the conditions for a medium- or long-term residence. So, for example, to look for a place to study, who would like to continue studying here, or for a qualified job, who has a professional qualification or a university degree.
If »alternative« possibilities for a residence permit exist and an application can be made for a corresponding residence permit, e.g. to study, for vocational training or for qualified work, the people concerned must not be asked to catch up on the visa procedure (i.e. return to the country of origin and re-entry with the corresponding visa). People have entered legally and can obtain the residence title in the country.
As far as health care or the receipt of social benefits is concerned, people without a Ukrainian passport who have not yet applied for a residence permit for temporary protection or have not yet received such a residence permit receive benefits under the asylum seekers benefits act (German: Asylbeweberleistungsgesetz, short AsylbLG) if they submit a request for support (accommodation, food, medical care) to an authority. This request for support should not be considered an application for asylum and people should also not be pushed into an asylum procedure because of possible negative consequences (see above).
DISTRIBUTION WITHIN GERMANY
Refugees from Ukraine who have arrived in Germany and have been accommodated by the state will be distributed to individual German states as of March 16. This does not include people who can be accommodated privately. As with asylum seekers, the distribution is carried out according to the so-called »Königsteiner Schlüssel«, and the Federal Office for Migration and Refugees is responsible for carrying out the distribution.
The internal distribution within the respective federal state also essentially follows the same rules as those for asylum seekers. What is important here is that the household community of family members is to be taken into account in the allocation. This means that the extended circle of family members compared to asylum seekers should not be separated by allocation and distribution. Thus, for example, unmarried couples should be distributed together.
Admitted persons have no right to stay in a certain federal state or in a certain place, they have to take their residence and actual stay in the assigned place. However, the residence requirement is to be lifted, among other things, if employment subject to social insurance contributions, vocational training or studies are taken up. In these cases, those affected can then move to another city. For an intended move, people must apply for the cancellation or change of the residence requirement at the foreigners’ authority responsible for them at the place of residence; the foreigners’ authority at the place of move must agree. If a refusal is made, reasons must be given. If the foreigners’ authority does not object within four weeks, consent is deemed to have been granted and the foreigners’ authority at the place of residence must change or delete the residence requirement.
TEMPORARY PROTECTION INCLUDES:
- RIGHT TO EMPLOYMENT: residence permits according to § 24 AufenthG are to be issued with the entry »employment permitted«, the foreigners authorities are not to have any scope here. Until the residence permit is issued, the fictional certificate should also contain the entry »employment permitted«. The term »employment« covers both dependent employment and any self-employed activity.
- ENTITLEMENT TO SOCIAL BENEFITS AND HEALTH CARE: A residence permit according to §24 AufenthG so far entitles to benefits according to the so-called Asylum Seekers Benefits Act (even if these people are not asylum seekers, German: Asylbewerberleistungsgesetz), so the people receive benefits from the social welfare office and are covered by health insurance through the social welfare office. The payment of benefits, as well as the practice of health care, is partly regulated differently in the individual districts. Starting June 2022, refugees from Ukraine will receive normal social benefits by the Jobcenter and regular health care. Prerequisite to receive these benefits will be a registrartion in the central registry on foreigners (German: Ausländerzentralregister) and a fictional certificate (German: Fiktionsbescheinigung) or a residence permit according to § 24 AufenthG. In addition, there is also an entitlement to receive child benefits and other family benefits as long as employment is pursued or if certain unemployment benefits are received or parental leave is taken. If no employment is pursued, there is an entitlement to family benefits after 15 months of residence in the federal territory.
- ACCESS TO GERMAN COURSES: Access to integration courses is possible upon application. This can be submitted to the responsible regional offices of the Federal Office for Migration and Refugees. In order to enable participation in the integration course as early as possible, the fictional certificate should contain a reference to the issuance of a residence permit according to § 24 AufenthG.
- ACCESS TO THE SCHOOL SYSTEM: All children in Germany are subject to mandatory school attendance up to a certain age. Since the education system in Germany is a matter of the individual federal states, there are different procedures for this. More information can be found on Handbook Germany.
- RIGHT TO FAMILY REUNION: For the reunification of spouses and minor children, people with a residence permit according to § 24 AufenthG are given preferential treatment if the family relationship in the country of origin was terminated by the fleeing situation and the family members are transferred to another EU country or are outside the EU and in need of protection. Under these conditions, there is a legal entitlement to family reunification in Germany. Securing a livelihood may play just as little a role as the existence of a clarified identity or the fulfillment of the passport obligation. Thus, the closest relatives can join the family, even if the person receives social benefits in Germany. Family members joining the family do not receive a residence permit for family reunification, as is usually the case, but also a residence permit for temporary protection. Therefore, the described time restrictions, access requirements for employment and social benefits or health insurance also apply to them. In addition, family members joining the family do not have to have entered the country with the required visa, as it is usually the case. After entering Germany without a visa, they can therefore apply for a residence permit directly at the relevant foreigners authority without having to go through a visa procedure from abroad beforehand.
Other family members – such as the parents of adults who have found temporary protection in Germany – can join them under the very narrow conditions of § 36 Para. 2 AufenthG. The reunion must then be necessary to avoid exceptional circumstances of suffering hardship. This may be the case, for example, if the person wishing to join the family is in need of special assistance and no care is available in the country of origin. However, the situation in Ukraine alone should not generally represent exceptional hardship, unless appropriate arrangements are made.
REASONS FOR DISQUALIFICATION FOR TEMPORARY PROTECTION
The granting of temporary protection is excluded in the case of persons suspected of serious criminal offences, for example, if there are serious reasons for assuming that they have committed a war crime, a crime against humanity or a serious non-political criminal offence (Article 28 of the Directive or § 24pParagraph 2 AufenthG in conjunction with § 3 Paragraph 2 AsylG).
The same shall apply if the person concerned is to be regarded as a danger to the security of the Federal Republic of Germany for serious reasons or poses a danger to the general public because he or she has been convicted of a felony or particularly serious misdemeanor and sentenced by a final court decision to a term of imprisonment of at least three years (§ 24 paragraph 2 AufenthG in conjunction with § 60 paragraph 8 AufenthG). However, this broad exclusion is not covered by Article 28 of the directive.
Even if, as a result of a cause for exclusion, the issuing of a residence permit pursuant to § 24 paragraph 1 AufenthG is not an option, this does not mean that residence-terminating measures may be taken, since the persons concerned have at least been determined to be »displaced persons« prior to an armed conflict (see above). Therefore, if there is a reason for exclusion for the duration of the armed conflict, those affected must at least be tolerated (German: Duldung) in accordance with § 60 a) AufenthG.
IMPORTANT! In the case of an existing entry and residence ban, e.g. due to a previous deportation from Germany, or also in the case of a deportation (at least insofar as such a deportation is not based on serious criminal offenses), according to § 11 paragraph 4 sentence 2 AufenthG the entry and residence ban should be lifted if the granting of a residence permit for temporary protection according to § 24 AufenthG is to be expected.
We also recommend to read following information:
- Information on exit/entry, residence and housing (also in Ukrainian and Russian) is kept up to date by Handbook Germany.
- A compilation of actors and information is available under Informationsverbund Asyl & Migration.
- In addition, the Federal Foreign Office and the Federal Ministry of the Interior provide information.
- Information on the regulations in the respective EU countries by the European Council on Refugees and Exiles (ecre)