Applying for a residence permit on the grounds of displacement
Service description
By means of Implementing Decision (EU) 2022/382 of 4 March 2022 determining the existence of a mass influx of displaced persons from Ukraine within the meaning of the Mass Influx Directive 2001/55/EC, the European Union has decided to to open the admission procedure for temporary protection for war refugees.
If you have fled Ukraine because of the war, or if you have been lawfully resident in Germany for some time and, following the expiry of your current residence permit, are unable to return to Ukraine because of the war, you may be granted temporary protection in Germany under Section 24 of the Residence Act.
Furthermore, you can currently enter Germany without a visa and stay here – initially on a temporary basis until 31 August 2022 – without a residence permit.
If necessary, you can receive state support to cover your living expenses (for example, in the form of accommodation, cash payments or medical care). If you are dependent on state support (social security benefits), you are not, in principle, entitled to reside in a specific location in Germany. Your place of residence is determined by the relevant authority (allocation decision). To take up residence in a place of your choice, you must provide compelling reasons (for example, family ties).
Before you receive your residence permit, you must complete the formal registration process for refugees. During registration, your personal details (personal information, fingerprints and a photograph) will be recorded by a German authority.
The residence permit is usually issued initially for two years. It may be granted for a maximum of three years in total.
Provided there are no grounds to the contrary, the relevant immigration authority will grant you permission to take up employment as an employee or self-employed person, which will allow you to pursue any occupation in Germany. Please note that there are professional access restrictions in some occupations (for example, in the healthcare sector). You may also set up your own business or work on a freelance basis.
In addition, you may be eligible for advice and job placement services under SGB III provided by the Jobcentres.
Children aged six and over have the right, but also the duty, to attend school.
Procedure
The entire procedure is structured as follows:
- Registration: Before you receive your residence permit, you must complete the formal registration process for refugees. Registration currently takes place, for example, at reception centres or immigration offices, and usually involves providing your name, date of birth, nationality, current address and a copy of your identity document. You will also have your photograph taken and your fingerprints recorded.
- Once registration has been completed, a certificate (proof of arrival, registration certificate, provisional residence permit or other form of confirmation) will be issued, which can be presented to the relevant social security office in order to apply for social security benefits.
- Allocation to a place of residence whilst receiving social security benefits (allocation): A decision on allocation is then generally issued, requiring you to take up residence and make a particular place or region your habitual residence.
- Registration: Register your home address with the relevant residents’ registration office at your destination.
- Applying for a residence permit: To obtain a residence permit for temporary protection, you must submit an application to the Foreigners’ Registration Office responsible for your place of residence. If you have already been issued with a placement decision, this is the location to which you have been assigned.
- Find out whether your foreigners authority allows you to apply online or has a special application form.
- If the application can only be submitted in person, make an appointment at the Foreigners' Registration Office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
- During the appointment, your identity and documents will be checked (please bring your documents to the appointment, preferably in the original).
- If your application is approved, your fingerprints will be taken for the production of an electronic residence permit (eAT card). The Foreigners’ Registration Office commissions the Bundesdruckerei to produce the eAT card. Once it is ready, you will be notified and can collect your residence permit from the relevant office. As a general rule, you must collect the eAT card in person.
- If your application is rejected, you will receive a rejection notice.
- Initial registration, allocation, registration with the registration office and applying for a residence permit are separate procedures – sometimes they are dealt with together, but this ultimately depends on the local organisation. If in doubt, please ask.
Who should I contact?
The immigration authority responsible for the applicant’s place of residence is responsible for processing the application.
Prerequisites
- You must declare your willingness to be admitted to Germany (in other words, you must express a wish to be granted protection, for example by applying for a residence permit for temporary protection)
- You are eligible for support if you were habitually resident in Ukraine before 24 February 2022 and belong to one of the following groups:
- Ukrainian nationals and their family members,
- Displaced non-Ukrainian nationals and stateless persons with international or national protection status in Ukraine, together with their family members.
- Displaced non-Ukrainian nationals and stateless persons with the right of indefinite residence in Ukraine (permanent residence) who are unable to return to their country of origin with their family members.
- Displaced non-Ukrainian nationals with temporary residence permits in Ukraine who are unable to return to their home country.
- In addition, Ukrainian nationals who have been residing lawfully in Germany for a considerable period of time and who, following the expiry of their current residence permit, are unable to return to Ukraine due to the war may apply for a residence permit
Which documents are required?
- A recognised and valid identity document (for example, a passport with or without biometric features, a passport substitute, identity documents issued by the country of origin, or a driving licence)
- Proof of the date of entry into the Schengen Area and into Germany
- Certificate of call or proof of arrival (if available)
- Evidence of family relationships (marriage, birth or adoption certificates, if available)
- Allocation decision (if applicable)
- Proof of current place of residence or stay in Germany
- Displaced persons who do not hold Ukrainian nationality: proof of a valid right of residence in Ukraine
- Proof of authorisation (if you are acting as a representative)
- In individual cases, the Immigration Authority may require less or more supporting documentation.
What fees are incurred?
From 0 to 100 EUR
Remark:
Additional fees may apply for the issue of a residence permit in the form of an electronic residence permit (eAT), which can also be used as an electronic identity document.
No fee will be charged where benefits are received. In other cases, the fee may be waived or reduced on a case-by-case basis on humanitarian grounds.
What deadlines do I have to observe?
Application deadline:
Duration: 6 to 8
Note:
The application should be received by the Foreigners’ Registration Office no later than 8 days before the expiry of the date specified in the Transitional Regulation on Residence in Ukraine.
Time limit for lodging an objection:
1 month
Processing time
Approx. 8 weeks.
It takes the Bundesdruckerei around 4 to 6 weeks to produce the electronic residence permit. Due to the very high number of displaced persons, it may take longer. This varies from one immigration office to another. For the transitional period, you will be issued with a provisional residence certificate. This allows you to remain in Germany until the eAT is issued.
Legal basis
- Council Directive 2001/55/EC of 20 July 2001 on minimumstandards for granting temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof
- Implementing Decision Council Implementing Decision (EU) 2022/382 of 4 March 2022 determining the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC and introducing temporary protection
- Section 24 of the Residence Act (AufenthG) – Granting of residence for temporary protection
- Regulation on the temporary exemption from the requirement for a residence permit for persons who have entered the country as a result of the war in Ukraine (Ukraine Residence Exemption Regulation)
Legal remedy
- Appeal against the decision of the Immigration Authority
- Action before the court named in the notice of objection if the objection is not upheld
Applications / Forms
Informal application possible: Yes
Personal appearance required: Yes
Online service available: Yes
What else should I know?
- As soon as an application is submitted, the immigration authorities will issue what are known as provisional residence certificates. These serve as a temporary measure to cover the right of residence until the actual residence permit can be issued and granted. The immigration authorities will also enter ‘employment permitted’ on the provisional residence certificate.
- Provided that there is a need, all persons falling within the scope of Section 24 of the Residence Act currently receive benefits to cover their living expenses and medical care.
- No appeal may be lodged against the referral decision; any legal action taken will not have suspensive effect.
- Incorrect or incomplete information can slow down the procedure and be to your disadvantage. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
- If you meet the relevant criteria, you can, in principle, also obtain a residence permit for the purpose of employment or training from the local immigration office.
- As an alternative to applying for a residence permit for temporary protection, every refugee has the option of applying for asylum. It should be noted, however, that applying for a residence permit for temporary protection provides protection more quickly and comes with certain advantages (for example, no restrictions on taking up employment and no obligation to live in initial reception centres).
Author
Forwarding service: Deep link to the original portal- Residence permit on grounds of international law, humanitarian or political reasons; granting of temporary protection in Saxony-Anhalt
Display of performance in the source portal
- Residence permit on grounds of international law, humanitarian or political reasons; granting of temporary protection in Saxony-Anhalt