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Publication date: 20.05.2024
Lawyer
Registration of residence permit in EU countries : obtaining a residence permit in Germany for refugees from Ukraine
In response to the full-scale Russian-Ukrainian war, the German government extended humanitarian residence permits for Ukrainians under the Temporary Protection Directive, pursuant to § 24 of the German Residence Act (Aufenthaltsgesetz). This directive, adopted by the Council of the European Union on 4 March 2022, provides temporary protection and rights to social support, employment, education and healthcare to those fleeing conflict.
## The right to temporary protection
According to the Temporary Protection Directive, the following categories are entitled to a humanitarian residence permit:
- citizens of Ukraine who lived in Ukraine until February 24, 2022.
- stateless persons and citizens of third countries who have international or equivalent national protection in Ukraine until February 24, 2022.
- Family members of the specified categories.
- Stateless persons and citizens of third countries who, as of February 24, 2022, were legally in Ukraine on the basis of a residence permit and cannot safely return to their country or region of origin.
Refugees who already have a residence permit in another EU country, such as Poland, can also apply for a residence permit in Germany under the same conditions.
## Steps to apply for a residence permit in Berlin
### Initial registration
You do not need to register as a war refugee immediately after arriving in Berlin. You can stay without a visa or residence permit for up to 90 days. However, in order to stay longer, work or receive social assistance and health insurance, registration and application for a residence permit are required.
### Submitting an online application at the Land Immigration Office (LEA)
Long-term refugees can apply for a residence permit online through the Land Immigration Office (LEA) in Berlin. Here's how to proceed:
1. **Assignment to Berlin**: Make sure you have been referred to Berlin by the Land Office for Refugees (LAF) or another relevant agency. This allocation is required to apply online in Berlin.
2. **Submit Online Application**: Complete and submit the online application on the LEA website. After submission, you will receive a confirmation document in PDF format. This document is proof of your legal status and allows you to work while your application is being processed.
3. **Wait for Invitation**: LEA will email you an invitation with the date and time of your interview. Please check your email regularly, including spam, for this invitation.
### Key points to remember
- **Save Confirmation Document**: The PDF confirmation received after submitting the online application is crucial. Save and print if possible.
- **Patience required**: Processing times may vary. Do not visit an LEA without an invitation as they cannot help without an appointment.
- **Legal Status**: You are in Germany legally and have the right to work from the time you submit your online application until you receive a decision.
## Support and decision making process
### Support criteria
The decision to grant assistance and a residence permit under the Temporary Protection Directive concerns:
- citizens of Ukraine who live in Ukraine until February 24, 2022.
- Stateless persons and citizens of third countries who have international protection in Ukraine.
- Family members of these persons.
- Stateless persons and citizens of third countries who were legally in Ukraine and cannot safely return to their homeland.
### Registration at the reception center in Tegel
Upon arrival at the reception center in Tegel, your right to stay in Berlin will be assessed. If you have close relatives in Berlin, please inform the center as having family in that city may affect your allocation.
### Special conditions for non-citizens of Ukraine
Non-citizens of Ukraine who studied in Ukraine as of February 24, 2022, can also apply for a residence permit to continue their studies in Berlin. This requires initial registration at the Tegel Admission Center and confirmation of financial support during the course of study.
## Extension of residence permit
On December 5, 2023, the German government issued an order to extend the validity of residence permits issued in accordance with § 24, paragraph 1, of the Residence Act for those entitled to temporary protection from Ukraine. All residence permits from February 1, 2024 are automatically extended until March 4, 2025.
## Conclusion
Obtaining a residence permit in Germany as a refugee from Ukraine involves a structured process that begins with an online application through LEA. Understanding the eligibility criteria, the application process, and the necessary registration and distribution steps can make the transition to life in Germany much easier. For detailed instructions, refugees should procconsult with the LEA and relevant German authorities to ensure compliance with all regulations and requirements.
