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Information for Third Country Nationals who have fled Ukraine

All persons, regardless of their residence status in Ukraine, who left the country after 24.02.2022 are allowed to enter Germany and were entitled to stay in Germany without a visa or residence permit until 31.08.2022. All persons who entered later than June are granted a visa-free right of residence for 90 days from the date of entry. This regulation is valid until May 31, 2023.

Entitled to Protection and a residence permit according to §24 AufenthG are:

Ukrainian nationals

  • Persons from third countries as well as stateless persons:
    • who had a permant residence permit in Ukraine
    • partners of Ukrainian citizens
    • who enjoyed international protection or equivalent national protection in Ukraine before February 24, 2022, as well as their family members
    • who cannot return to their home country in safety.

Preconditions for safe and durable return are not met if:

  • Armed conflict, prolonged violence or serious risk of sys-tematic human rights violations prevail in the home country
  • This generally applies to the countries of origin Eritrea, Syria and Afghanistan
  • Otherwise, grounds for toleration according to § 60 para. 5 and para. 7 are used as a standard, i.e. persons with life-threatening illnesses, family responsibilities or particularly vulnerable groups receive protection.

–> IMPORTANT: Third country nationals should definitely seek advice before applying for protection according to §24 AufenthG or even an asylum.

–> Because: after a rejected asylum application, residence permits for study or work are no longer possible without leaving the country

–> after application or granting of a residence according to §24 AufenthG a change to other residence is possible, but individual paragraphs are then excluded (§§ 16b paragraph 1 and 5, 17 paragraph 2, 18b paragraph 2, 18d, 19e AufenthG reason for exclusion by § 19f paragraph 1 number 2 AufenthG)

We recommend that you use the time until the expiry of the temporary residence permit to check on alternative residence titles. The application for §24 AufenthG can then be filed at the end of the 90 days, if necessary, or the chances of applying for asylum can be examined.

If you, for example, wish to continue your studies or work as a skilled worker (qualified through apprenticeship or study) can apply for a residence title until 31.08.2022 without leaving the country. Basic requirements are: a valid passport, a secure livelihood, sufficient living space (12 sqm per person). With the application you adress the foreign authority at place where they are registered.

Overview of possible purposes of residence in Germany:

Purpose of stay

and legal basis

 Duration of Stay Obligatory language skills? Must subsistence be ensured? Must living space be available? (additional) Work permitted? Further Require-ments
Study

§16b AufenthG

 Duration of studies /

2 years

 Only for admission to studies Yes Yes 120 days/ year
Skilled worker

§18a, §18b AufenthG

 4 years Only in regulated professions Yes, through work Yes Yes Profession only in trained field
FSJ/FÖJ/ BFD (volunteer year)

§19e AufhG   

1 year A1 Yes, also possible through payment in kind Yes, possibly possible through provider No If over 27 years only BFD §19c Abs. 1 AufenthG
Au-Pair

§19c Abs 1 AufhG

§12 BeschV

 1 year A1 Through family Yes, with family No
Internship – study-related

§16e AufenthG

6 months No Yes + guarantee of internship provider Yes No Must be enrolled in university

training
Apprenticeship

§16a AufenthG

 Duration of Apprenticeship min. B1 Yes Yes Yes, up to 10h/

week
Professional recognition

§16d AufenthG

Up to 18 months A2 or occupation-appropriate Yes Yes Yes if direct occupation reference with future employer
Search for apprenticeship

§17 AufenthG Abs. 1

 6 months B1 Yes Yes No Under 25 years old
Search for university study

§17 AufenthG Abs. 2

 9 months No Yes Yes No
Job search Skilled worker

§20 AufenthG

6 months Occupation-appropriate Yes Yes 10h/week trial-employment in qual. occupation Occupation according to Professional qualification required

Admission / Place of study:

–       Contact the relevant universities that offer the course directly and ask for advice from the International Student Advisory Service there

–       Questions about the recognition of certificates can be asked at the International Offices of the universities Partner universities of universities from Ukraine often offer special programs, so find out if there are any possibility to continue your studies there

Difficulty: English-language degree programs are almost only available at the master/postgraduate level in Germany. Consider other European countries as a place to study as well, since there are more English-language degree programs and the cost of living is lower.

 

Residence permit for studying according to §16b AufenthG:

 

Prerequisites for a study or also for a study-preparatory measure, e.g. a language course are :

–       Confirmation of study place / Enrolment

–       Securing of living expenses (monthly about 744,- € + tuition fees) must be proven. Either by a blocked account (ca.10.000,00 Euro/year) or the submission of a declaration of commitment by a person residing in Germany. Scholarships (e.g. DAAD or special programs) are also possible.  

–       Living Space

–       Language skills are tested with regard to the language of study

 

Employment with this residence title is only possible to a limited extent up to 120 days per year.

according to §18a or §18b AufenthG

If you have completed your education or studies and you find a job in your field, you can apply for a residency as a specialist.

Specific requirements for this are:

  • Job offer
  • The consent of the employment agency
  • The determination of the equivalence of the qualification by the relevant authority for certain professions, e.g.: nursing specialist, master craftsman professions (self-employed execution regulated). list of all regulated professions: https://bit.ly/3LgOdZJ

Find out right away what requirements the individual industries have for the recognition of their title, the respective chamber is responsible. The recognition of foreign qualifications can be lengthy and strict.

Important: all foreign university degrees can be looked up in anabin, if they are marked with an H+ there, no recognition is needed: https://anabin.kmk.org/anabin.html

 

Proof of German language skills is only required for the so-called regulated professions (e.g. medical professions or teachers). In many other areas, there are no minimum language requirements.

The general conditions for issuance from §5 AufenthG apply.:

  • clarified identity (passport)
  • Securing of living expenses (SGB II-Satz (380€) + rent + health insurance)
  • Living space (12qm per person)

 

in accordance with §19e of the Residence Act

If there is a corresponding contract for a one-year FSJ/FÖJ, residence can be granted according to §19e AufenthG. 

Conditions are:

–       Contract on FSJ/FÖJ incl. description of the voluntary service, information on the duration and periods of service, on the conditions of the activity and the means available for subsistence and accommodation as well as information on pocket money.

–       Sufficient means of subsistence:

o   Accommodation (either provided or private) plus approx. 400€ payment (if food is included, this can also be reduced)

Jobs for FSJ/FÖJ Bavaria: https://www.fsj.bayern.de/

Residence law consultation

Do you have further questions about your individual case? We can offer group counseling on issues concerning third-country national refugees from Ukraine. Please make an appointment at info@mfr.ngo  or call 089/123 900 96 (Monday, Tuesday and Thursday between 10.00 and 12.00).

Advice on language courses

IBZ

Franziskanerstraße 8
81669 München

Appoinments via E-Mail to ibz-sprache.soz@muenchen.de

VHS – German language courses

In different districts possible

Tel: 089 48006 6169

E-Mail: deutsch@mvhs.de

Amiga – Career counseling for international students

https://www.amiga-muenchen.de/international/

Appoinments via anmeldung@amiga-muenchen.de

Edmund-Rumpler-Straße 13

80939 München

Advisory office for the recognition of foreign qualifications

Franziskanerstraße 8
81669 München

Tel: 08923340520

Email: servicestelle-anerkennung.soz@muenchen.de

https://stadt.muenchen.de/service/info/abteilung-migration-integration-teilhabe/10308039/

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This collection of information was compiled by the Münchner Flüchtlingsrat e.V. and reflects our state of knowledge as of December 2022. The legal situation may change, please inform yourself about the current situation at

www.muenchner-fluechtlingsrat.de