Temporary protection (§ 24)

Who is covered, what the permit allows, residence rule, travel – the basics of your current status.

Since March 2022 the EU has granted temporary protection to people fleeing the war in Ukraine (Council Implementing Decision (EU) 2022/382). In Germany you receive a residence permit under § 24 AufenthG for the duration of the protection.

Who is covered (Art. 2 of the EU decision)

• Ukrainian citizens who lived in Ukraine before 24 February 2022.
• Stateless people and third-country nationals who had international or equivalent national protection in Ukraine before that date.
• Family members of both groups.
• Third-country nationals with a permanent Ukrainian residence permit. For a new grant, EU law also requires that they cannot return safely to their country of origin (Decision 2022/382 Art. 2 (2)). For the automatic continued validity of an existing German permit, the UkraineAufenthFGV (§ 2 (1) No. 3) only requires a permanent Ukrainian residence permit on 24 February 2022.

Third-country nationals who only had a temporary Ukrainian permit (for example students) are not covered by § 24. They need another permit, for example for study or work.

What the permit allows

• Work: a residence permit allows employment and self-employment unless a law forbids it (§ 4a (1) AufenthG). No separate work permit is needed.
• Training, study, language courses: allowed. See Learning German.
• Switching: you can apply for another residence permit in Germany without leaving (§ 39 No. 1 AufenthV): Switching to a work permit.

Residence rule (Wohnsitzregelung, § 12a AufenthG)

For a first § 24 permit, you must live in the federal state you were assigned to for 3 years. The obligation does not apply or is lifted:

• Always if you, your spouse or your minor child take up employment subject to social insurance of at least 15 hours a week with an income at least at the level of basic income support for a single person (§§ 20, 22 SGB II), or a vocational training (Ausbildung), or study.
• Only if it is not possible without delay at the assigned place: an integration course, a job-related language course, a qualification measure of at least 3 months, or further training.

Travel and long absences

Protection is granted in one EU state only. A permit can expire if you leave Germany for a reason that is not temporary, or for more than 6 months (§ 51 (1) Nos. 6 and 7 AufenthG). How the LEA treats longer visits to Ukraine in practice is not confirmed; ask an advice centre before a long trip.

Fiktionsbescheinigung

If you apply for an extension or another permit before your current one expires, the old permit is deemed to continue until the decision (§ 81 (4) AufenthG). The LEA confirms this with a paper document, the Fiktionsbescheinigung. Keep it with your passport; employers and the Jobcenter accept it as proof.

Dates and extensions: Extensions and deadlines.