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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:
- 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.
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