Transitional regulation on entry
Due to the current conflict in Ukraine, many Ukrainians have been forced to leave their home country. The federal government acted accordingly and introduced a transitional regulation that initially applied until 23 May 2022 and allowed individuals fleeing Ukraine to enter Germany. This includes Ukrainian citizens, but also individuals who resided in Ukraine for other reasons, e.g. for the purpose of studying.
Application of temporary protection in accordance with Section 24 of the German Residence Act (AufenthG) in relation to refugees from Ukraine
For the first time, Ukrainian nationals seeking protection will have Article 24 of the AufenthG applied to them. This article is based on EU Directive 2001/55/EC, which was developed in 2001 in response to conflicts related to the former Yugoslavia This is a residence permit for a maximum of 3 years which does not require an asylum procedure. Should asylum be sought, the processing would be paused during the residence title according to Section 24 of the AufenthG. In addition, the refugees from Ukraine are to be distributed between the federal states or municipalities and districts on the basis of the Königstein formula.
The residence permit can be applied for by Ukrainian citizens and individuals who had a valid permanent residence permit in Ukraine and cannot safely return to their country of origin, as well as in individual cases individuals who temporarily resided in Ukraine and cannot safely return to their country of origin.
Based on the decision of the Ministry of the Interior, an employment permit is also granted upon the issuance of the residence permit.
Change of legal status as of 1 June 2022 for refugees from Ukraine
As of 1 June 2022, refugees from Ukraine will be entitled to basic security benefits under Social Code Book II (SGB II benefits). This means that the local job centres will be responsible for refugees from Ukraine from June onwards.
Refugees from Ukraine who have previously received asylum seeker benefits do not have to reapply and are automatically assigned the new legal status. To prevent support gaps, the asylum seeker benefits authorities continue to support the refugees until the job centre assumes responsibility for the payments. If you have not received asylum seeker benefits so far, a separate application to the competent job centre is required in order to receive benefits there.
Checklist for refugees from Ukraine on the transition to SGB II of the Ministry of Labour, Social Affairs, Health and Equality and the Ministry of the Interior and Sports of the State of Saxony-Anhalt