Emergency Relocation Options for Ukrainian Nationals - Germany

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An asylum application is not required as the European Union has implemented a reception procedure under the EU Temporary Protection Directive for war refugees from Ukraine. Thus, admission to Germany will be unbureaucratic according to § 24 of the Residence Act, displaced persons from Ukraine do not have to go through an asylum procedure.

On 4 March 2022, the Council of EU Home Affairs Ministers adopted the decision on the reception of displaced persons in accordance with Article 5(1) of Council Directive 2001/55/EC of 20 July 2001 on minimum standards for granting temporary protection. This came into force on the same day.

With the entry into force of the decision, § 24 AufenthG (granting of residence for temporary protection) directly applies to the group of persons covered by the Council decision. This means that from 4 March 2022, corresponding residence permits can be applied for at the immigration authorities.

In addition, on 9 March 2022, the so-called Ukraine Temporary Residence Ordinance of the Federal Ministry of the Interior and Homeland came into force, which enables the legal entry and residence (without bureaucracy) of Ukrainian nationals and other third-country nationals in connection with the armed conflict. This also makes it possible to bridge the situation under residence law until the issue of residence permits in accordance with § 24 AufenthG.

Displaced persons with a residence permit in accordance with § 24 AufenthG receive the same financial benefits as asylum seekers. When applying for a residence permit in accordance with § 24 AufenthG, there is in principle no obligation to live in a reception centre, unlike when submitting an asylum application. However, the right to apply for asylum continues regardless of this.

Full details are available from the German authorities here.

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