Refugees from Ukraine should observe these new regulations

questions and answers

Refugees from Ukraine should observe these new regulations


picture: Dibba / y. Carstensen

Refugees from Ukraine do not currently need a residence permit for Germany. This is valid until the end of August. If you want to stay in Germany after that, you have to take into account some of the regulations on accommodation and assistance.

What should Ukrainian refugees do if they want to stay in Germany?

Until August 31, 2022, Ukrainian refugees do not need a so-called residence permit, that is, a visa or other residence permit, for example, in order to be able to stay legally in Germany. But in order to stay longer in Germany, according to the current situation, you must apply for a residence permit before August 31, 2022.

Important: It is not necessary to obtain this residence permit by the end of August, but the application must be submitted to the local immigration office by August 31, 2022 at the latest.

Refugees who wish to work before August 31, 2022 or need financial support must apply for a residence permit.

What are the legal residence options for Ukrainian refugees?

There are currently three options for obtaining a long-term residence right in Germany:

  • Residence permit application According to Article 24 of the Residence Act (AufenthG), that is, as a war refugee, you are granted a temporary protection residence permit.
  • Long Term Visa: Until August 31, 2022, Ukrainians residing in Ukraine do not need a visa to enter Germany. However, Ukrainians who meet the requirements for a long-term visa can still apply for a visa. In principle, an application for a visa must be submitted before entering Germany. For example, a student visa, a skilled worker visa or a family reunification visa can be obtained for Germany. Since the German embassy in Kyiv is currently closed, you can apply for a visa at German diplomatic missions in countries neighboring Ukraine.
  • refugee status request: Ukrainian citizens are currently advised to refrain from applying for asylum, as the requested protection is granted in another, faster procedure (Article 24 of the Residence Act). People who have already applied for asylum can apply for this residence permit. You also have the right to apply for asylum at a later time.

How, where and under what conditions can I apply for a residence permit in Berlin in accordance with Article 24 of the Residence Act?

Ukrainians can online [berlin.de] Apply for temporary protection if it has been distributed to Berlin by the Berlin State Office for Refugees (LAF) or another authority (distribution decision).

At the arrivals center at the former Tegel Airport [berlin.de] It is checked whether Ukrainian refugees will be redistributed to another federal state or whether they meet the requirements for allocation in Berlin.

I’m in Berlin without being officially distributed here before. Under what conditions can I stay in Berlin?

You can apply to the Tegel Ukrainian Arrivals Center to stay in Berlin if at least one of the following conditions is met:

  • If you or a close family member has urgent medical, nursing or psychiatric needs and therefore cannot travel temporarily or permanently. This will be determined by the doctor at the arrival center.
  • If you have already found an apartment or permanent residence (for at least 6 months) in Berlin. This must be proven by means of a registration certificate, a certificate from the owner, a permanent tenancy contract or a confirmation of residence.
  • If your partner, children, parents, siblings, grandparents or grandchildren already live in Berlin.
  • If you already have a job, an apprenticeship or a place to study in Berlin. This must be proven in writing.
  • If you are pregnant or have just given birth (maternity leave) and want to stay in Berlin.

How, where and under what conditions can I apply for a residence permit in Brandenburg according to § 24 of the Residence Act?

You can apply for temporary protection at the immigration office responsible for your place of residence. You can find the list of immigration authorities in the counties of Brandenburg here (scroll down): https://mik.brandenburg.de/mik/de/themen/auslaenderanständigen/ukraine-informationen-fuer-gefluechtete/

Here, too, it is generally the case that refugees can be assigned to a particular municipality after their registration – unless certain requirements such as their long-term residence are already met.

Is there a difference between a bogus certificate and a residence permit?

Yes, people who are in Germany and who have applied for a residence permit get what is called a fictitious certificate. This applies as long as the immigration authorities have not yet decided on the application. However, it is not yet a residence permit.

Is my passport expired? Can I still get a residence permit with this?

With this problem, you should immediately contact the Embassy of Ukraine. At the moment, expired Ukrainian passports are manually renewed at the Ukrainian embassy. Children’s data and photos of children are also entered in the parents’ passports.

Important: These annexes are recognized by the German authorities only if they are additionally provided with a consular seal or seal.

My fictional certificate is valid until August 31, 2022. What happens next?

Once a residence permit application has been submitted, the status of “allowed residence” remains in place until a decision is made on the application – even after August 31, 2022.

If you apply in Brandenburg, you will be required to register with the Central Immigration Office of the State of Brandenburg (ZAHB).

Since June 1, the job centers have been responsible for supporting the needy Ukrainians. Do all Ukrainians have to register at the Employment Center?

No. Only those who cannot make a living can get financial assistance. Action Center verifies the need for assistance and considers your assets if they are available.

From June 1, refugees from Ukraine will receive assistance from the Employment Center. For this you need a residence permit or a fake certificate. Anyone who does not have this yet will still receive benefits under AsylbLG.

How long do you receive financial support from the Labor Office? What are the obligations and rules?

The obligation to cooperate includes, for example, the following obligations:

  • You must be available to the Jobcentre by e-mail to your address. This applies from Monday to Saturday. Important: you may be absent for up to 3 weeks per year. However, you must notify the Job Center of this in advance.
  • You must inform the duty station staff if something changes in your life. You can find out exactly what you need to report here [handbookgermany.de] In the “What changes do I need to inform the Job Center about?”
  • If you are sick, you must inform the Jobcentre. If you are sick for more than 3 days, you need a doctor’s certificate. You must submit the certificate to the Job Centre.
  • You must complete all applications and forms truthfully.
  • You must apply for jobs that your recruitment agency finds.
  • You must participate in additional training recommended and approved by your employment agency. You can also suggest further training or courses on your own.
  • If a medical examination is necessary for the duty station, you should be examined by the so-called official doctors. If you don’t want to, get advice. Find help here [handbookgermany.de] In the “Where can I find advice and support?” section.

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