Residency in Berlin

Update:

(Status: 17.10.24)

There is a new EU decision on the right of residence for refugees from Ukraine. But beware: the decision has not yet been implemented by Germany. This means that the previous legal situation will continue to apply for the time being!

Here is the most important news:

• Non-Ukrainian third-country nationals with temporary Ukrainian residence permits will no longer be granted temporary protection if they do not yet have a residence permit in accordance with Section 24 of the Residence Act (AufenthG). Even if these persons have a residence permit in accordance with Section 24 AufenthG, they will not be covered by a further possible extension beyond 4 March 2025 by the BMI (see page 9 of the Fourth State Letter). The BMI has therefore expressly stated that no new residence permits under Section 24 AufenthG will be issued or extended for this group of people from 5 June 2024.

• Secondary migration from third countries: Refugees from Ukraine who have stayed in a third country with a temporary or permanent right of residence and then migrate on to Germany are not to be granted temporary protection. In the opinion of the Federal Ministry of the Interior, the persons concerned are no longer covered by the wording of the EU Council Implementing Decision of 4 March 2022 ((EU) 2022/382), as they cannot be considered ‘displaced’ (see page 23).

• Extension of temporary protection for Ukrainian refugees until 4 March 2026. This was decided by the Council of the EU and the decision was published in the Official Journal of the EU on 3 July 2024.

You can find more information at the Baden-Württemberg Refugee Council or at asyl.net.

Until the EU decision is implemented in Germany, the following will continue to apply:

If you have fled from Ukraine and have a residence permit in accordance with Section 24 (1) of the Residence Act that was valid until at least 1 February 2024, this permit, including its conditions and ancillary provisions, remains valid until 4 March 2025.

This means that

you do not have to apply for an extension. An appointment at the immigration office (LEA) is not necessary. 

• Due to the automatic extension, the possibilities for working, studying, receiving social benefits, travelling abroad and other guarantees and freedoms associated with the residence permit are retained.
• Holders of such residence permits are therefore still entitled to benefits under SGB II and SGB XII and are generally entitled to benefits under the Federal Training Assistance Act (BAföG), child benefit, housing benefit and health insurance benefits.
• Please note: this does not apply to fictitious certificates! If you have a fictitious certificate that expires in the next few weeks, you must apply for an extension in good time!

You can find more information and a contact form to extend your fiction certificate on the LEA website (only in German).

The Federal Ministry of the Interior and Homeland (BMI) has published a nationwide information sheet in Ukrainian, English and Russian, which contains the most important information on the continued validity of residence permits:

Information sheet in Ukrainian: https://www.mkjfgfi.nrw/system/files/media/document/file/g4u_aufenthaltserlaubnis_de2ua.pdf

Information sheet in Russian: https://www.mkjfgfi.nrw/system/files/media/document/file/g4u_aufenthaltserlaubnis_de2rudocx.pdf

Information sheet in English: https://www.mkjfgfi.nrw/system/files/media/document/file/g4u_aufenthaltserlaubnis_de2en.pdf