Information on the situation of Ukrainian refugees (Version 112.04.2022)
If you have any questions, you can reach us during our office hours (Mon, Tue, Thu: 10 a.m. – 12 p.m.) via 089 123 900 96.
We are currently receiving many questions from people who have fled to Munich from Ukraine or from people who want to provide shelter for Ukrainian refugees here in Munich. We ask for your understanding that we cannot yet answer many questions regarding the current situation. The information below reflects our knowledge as of 28.03.2022 and will be updated whenever possible. Information on the European Council decision to accept refugees from Ukraine can be found at Pro Asyl. According to the decision of the EU, this protection status applies to Ukrainian citizens as well as third-country nationals who had a legal status of international or national protection during their stay in Ukraine. The extent to which the directive will also apply to other third-country nationals who need to flee Ukraine is up to the individual EU states, and at the moment it is not yet clear how Germany will implement this. Upon arrival in Munich, there is an info point for new arrivals at the main train station (München HBF). Volunteers provide initial orientation support (also in Ukrainian). There is the possibility of a short-term overnight stay for more informationen contact the info point at the main station. ‚Diakonie München‘ has set up a telephone number that can be contacted throughout the week (including weekends!) from 8 am to 8 pm. The number is for refugees (also in Ukrainian) and enquiries from citizens willing to help: 089 / 12 69 915 100.
Status under residence law for Ukrainian nationals
When Ukrainian refugees arrive in Munich and want to stay here (for now), they have two options. The regulations apply to people who have entered since 24.2.2022 or who have been here shortly before that date.
Ukrainian nationals who had a permanent residence or their usual place of residence in Ukraine on 24 February 2022, but who were temporarily staying in Germany at that time, e.g. for visiting purposes, have temporary permission to apply for the required residence title after their arrival in Germany until 23 May 2022. The competent foreigners authority grants the temporary protection status according to § 24 AufenthG as a humanitarian residence permit. Such an application can also be made by Ukrainian nationals who have already stayed in Germany with a residence permit if the residence permit could not be extended (e.g. because the maximum duration of the EU study-related internship under section 16e of the Residence Act has been reached) or if the conditions for granting the permit no longer apply (e.g. school-leaving certificate for the residence permit under section 16f of the Residence Act).
1. extend the time without a visa by another 90 days.
You can choose this option if you have accommodation (e.g. with friends and family) and do not need social benefits (e.g. health insurance). To extend your time without a visa for another 90 days, please register your residence at the Bürgerbüro. To do this, you must make an appointment online. Once you have registered your residence, the Foreigners‘ Registration Office can extend your stay by 90 days. For the extension, please write an e-mail to email@example.com. Please state your full name and the date of your entry in the e-mail. Please enclose a copy of your passport (scanned or photographed). If you have any questions, you can call the Ausländerbehörde (Foreigners‘ Registration Office): +49 1525 66 52441 (Monday to Thursday 7.30 a.m. to 3.30 p.m. and Friday 7.30 a.m. to 1 p.m.)
2. residence permit for 1 year
If you do not have private accommodation: Please register for this at the „Ausländerbehörde“ in Munich. You will be accommodated in public accommodation after registration. After registration you are entitled to assistance for accommodation, food, clothing or in case of illness („Leistungen nach dem Asylbewerberleistungsgesetz“).
If you have private accommodation: Please contact the „Ausländerbehörde“ in Munich. If you know where you will be living in Munich (address of private or public accommodation), please register your residence at the Bürgerbüro. To do this, you must make an appointment online. Once you are registered and have reported your residence, the Ausländerbehörde can give you a residence permit for 1 year („Aufenthaltstitel nach § 24 Aufenthaltsgesetz“). With this residence permit you are allowed to work. For the residence permit, please write an e-mail to firstname.lastname@example.org. The Foreigners‘ Registration Office requires the following documents/information:
– Copy of passport with entry stamp to Germany
– Copy of 2 blank pages of your passport
– Was your last residence or habitual abode in Ukraine on 24.02.2022?
– When did you leave Ukraine?
– Proof of registration at Bürgerbüro
– Proof of registration with the Government (Regierung von Oberbayern) (sending confirmation of your e-mail as a screenshot is sufficient)
– Completed and signed document of application for residence permit
– Current biometric passport photo
If you have any questions, you can call the Foreigners‘ Registration Office: +49 1525 66 52441 (Monday to Thursday 7.30 a.m. to 3.30 p.m. and Friday 7.30 a.m. to 1 p.m.).“
Information on third-country nationals who have fled Ukraine
This refers, for example, to students, persons with refugee status/protection or similar in Ukraine, persons in the asylum procedure there, persons with work visas.
Many of these groups of persons are not included in the regulation passed by the EU Council. However, it is unclear how Germany will implement this regulation, it is hoped that the implementation will be a bit more flexible and that some groups of persons will be included in the circle of beneficiaries.
First of all, all persons irrespective of their residence status in Ukraine who left on or after 24.02. are allowed to enter Germany and are exempt from the requirement of a residence title until 31.08.2022 (see BMI decree of 07.03.). According to the current regulation, a possible subsequent stay or departure should therefore be clarified by this date.
In addition, this regulation states that the otherwise usual visa procedure (departure to the home country to apply for a visa there) is waived for all persons that left Ukraine after 24.02. An alternative residence option, e.g. via a visa for study, work or family reunification would therefore presumably be more promising in many cases than an application for residence pursuant to §24 AufenthG.
However, the possession of a valid passport as well as a secured livelihood is probably necessary. According to the Bavarian and German Ministry of the Interior, it is possible to change track to alternative residence titles even after a residence according to §24 AufenthG has been granted (important: not if an asylum application has been filed!).
However, at least according to the current legal situation, this is (still) blocked by law (see §19f Abs. 1 S. 2 AufenthG), so a change in the law or an exceptional regulation would be necessary. In the case of persons who are not entitled to residence in accordance with §24 of the Residence Act, the authorities are required to ask and advise about their willingness to leave the country. If the persons persist in a request for protection, this should be considered as an application for asylum.
Below is some more information on what we know and what possible perspectives might be. Please note that the information can change quickly.
- Individuals with refugee recognition/protection:
Stateless persons and nationals of third countries other than Ukraine who have received international protection or equivalent national protection in Ukraine prior to February 24th, 2022 are covered by the acceptance regulation according to §24 AufenthG. This means that they can register in the same way as Ukrainian nationals (important: send proof of protection status!) and receive a residence title initially limited to one year.
Individuals with other, not short–term residence title in Ukraine, who cannot return in safety Also covered by §24 AufenthG are stateless persons and nationals of other third countries who have been in Ukraine for more than a temporary short stay and who are „unable to return safely and permanently to their country or region of origin.“
→ More than temporary short stay includes stays longer than 90 days, e.g. for study or not only short–term employment purposes, permanent residence permits, but also persons in ongoing asylum proceedings.
→ It is not entirely clear how the term „unable to return safely and permanently“ will be defined. According to the Ministry of the Interior, however, this is to be assumed in any case if a Duldung would have to be granted according to §§ 60 or 60a AufenthG, i.e. a deportation would be prohibited or temporarily suspended. This means that this regulation applies, for example, in cases of illness, but also in the case of other legal or factual reasons that prevent deportation. Basically, the individual situation should be examined and some evidence/argumentation will probably be required. Likewise, the practical handling especially regarding the definition of safe return to the home country is completely unclear so far! It can be assumed that the different foreigners registration offices will handle this differently, but the title will not be granted in many cases. We therefore recommend using the time until the expiry of
the transitional residence permit on 23.05.2022 to clarify alternative residence titles.
- Family members of Ukrainian persons or of persons with protection status in Ukraine:
Family members of persons who are included in the admission programme via §24 AufenthG (i.e. according to the EU Council Decision Ukrainians who left after 24.02. or persons of the two groups above) are also included in the admission commitment.
Family includes spouses and unmarried couples in a long-term relationship, if by law or in practice unmarried couples are treated comparably to married couples, minor children, as well as other relatives living in the household who are dependent on the main person.
- Individuals with other visas/residence titles who are „able to return to their home
country in safety and on a permanent basis“ (see above for definition)
From the decision of the EU Council and the German implementation this group of persons is not included, it is assumed that they can return to their „safe home countries“. According to the decision, they are only allowed to enter the EU in order to start their return journey from there. Since the definitions of the group of beneficiaries is so unclear, it probably still makes sense in many
cases to apply for §24 Residence Act. In addition, an attempt should be made at an early stage to consider alternative residence titles or to work on fulfilling the requirements (e.g. taking up a course of study, work, training, language course or similar). Alternatively, an application for asylum may be filed in the future.
- Stateless individuals who are „able to return to their region of origin in safety and
on a permanent basis
This group of persons is also excluded from the granting of §24 AufenthG. In these cases, a Duldung is to be granted, alternatively an asylum application can be filed.
- Return to the country of origin for third–country nationals
Currently, it is unclear whether there will be possible support offers for the journey home of third–country national.
Getting to Germany
Ukrainian citizens may enter the Schengen area (and thus also Germany) without a visa for up to 90 days within a period of 180 days if they have a biometric passport. Please also note the information from the Bundesamtes and the Bundesinnenministerium.Those who have a non-biometric passport need a Schengen visa for this short stay, but at the moment entry is also permitted for humanitarian reasons. Regardless of this, the following applies: anyone who arrives in Germany and applies for asylum has a right to have an asylum procedure carried out, even if he or she does not have a passport or visa. At the moment, however, this is not necessary for people from Ukraine and is not recommended at the moment.
Process of asylum
Due to the short-term admission of refugees from Ukraine decided on Thursday, 03.03.2022, an asylum application is not necessary for the time being and is therefore not recommended at the moment. Persons concerned should keep themselves informed about current developments and, if necessary, inform themselves about the possibility of applying for asylum at a later date. In general, persons newly arriving in Germany have the possibility to apply for asylum. To do so, however, they must stay in an official reception centre. Private residency, for example with relatives, can only be applied for later. It should also be noted that the persons seeking protection in Germany may be subject to the Dublin III Regulation when they apply for asylum and that another European state (via which the persons entered) is responsible for the asylum application. Whether the European states will agree on a distribution of the refugees arriving first in neighbouring states and how the distribution key will then be designed is currently open. The same applies to the question of whether Germany is prepared to make generous use of the right of self-admission. Therefore, before applying for asylum, it should first be examined whether other possibilities to stay in Germany are more advisable.
Counselling hours at Münchner Flüchtlingsrat:
Telephone: Monday, Tuesday and Thursday 10 a.m. – 12 p.m. at 089 12390096.
Comprehensive information on the procedure and admission can be found in the compilation of the Bayerischen Innenministerium. A good overview of general information on entry, residence, entitlement to benefits and access to the labour market can be found at the Niedersächsischer Flüchtlingsrat. A compilation of information, also in Russian and Ukrainian, can be found here: https://fluechtlingsrat-bw.de/
Further information on entry: https://www.bamf.de/SharedDocs/Anlagen/DE/AsylFluechtlingsschutz/faq-ukraine.html (FAQ of the Federal Office for Migration and Refugees) https://www.bamf.de/SharedDocs/Anlagen/DE/AsylFluechtlingsschutz/faq-ukraine-ukr.html?nn=282388 Міграційні питання та відповіді про Україну – Bundesamt für Migration und Flüchtlinge https://www.bmi.bund.de/SharedDocs/faqs/DE/themen/ministerium/ukraine-krieg/faq-liste-ukraine-krieg.html (FAQ of the Federal Ministry of the Interior) https://www.auswaertiges-amt.de/de/service/UKR FAQ of the Federal Foreign Office