People fleeing the war from Ukraine will receive a residence permit in Germany in accordance with Section 24 of the Residence Act. Since this residence permit has only existed in law up to now, but has never been granted, there is no experience of which social rights are associated with it. This work aid provides an initial overview of the access people with this residence permit have to social benefits, health care, the labour market, language courses, children allowance and other family benefits.
The Federal Ministry of the Interior and Community has issued a legal ordinance according to which persons displaced from Ukraine temporarily do not need a residence permit in Germany. It entered into force on 9 March 2022 and is retroactively applicable from 24 February 2022.
Residence Act (Aufenthaltsgesetz, AufenthG) Section 24
Granting of residence for temporary protection
(1) A foreigner who is granted temporary protection based on a decision by the
Council of the European Union pursuant to Directive 2001/55/EC and who declares his
willingness to be admitted into the federal territory shall be granted a temporary
residence permit for the duration of his temporary protection as assessed in accordance
with Articles 4 and 6 of said directive.
(2) – (7) …
Who should get temporary protection?
(1) Ukrainian nationals who resided in Ukraine before February 24, 2022 can apply for a residence permit in accordance with Section 24 of the Residence Act.
(2) Non-Ukrainian third-country nationals or stateless persons who can prove a valid residence permit for Ukraine and who cannot safely and permanently return to their home country are also under this protection.
(3) Family members of the above two groups from (1) and (2)
Duration of the stay
As from 14 March 2022, the Federal Ministry of the Interior and Community’s information, the residence permit should be issued directly for two years. The temporary protection could be extended by a further year to a maximum of three years by Council decision. Accordingly, the residence permit would then also have to be extended by another year.
Distribution to and within the federal states
Displaced persons who have arrived in Germany are distributed among the 16 federal states for admission of temporary protection. The responsible state authority issues the allocation decision. It is important that the household community of family members is considered in the allocation.
Accommodation
You are free to choose your place of residence. Many people in Germany currently offer free accommodation for the people from Ukraine. You can also go to the initial reception centers or emergency shelters in the individual federal states.
Employment
If you have a residence permit under Section 24 of the Residence Act, the immigration authority must allow both employment and self-employment, and the residence permit must be marked with the entry “gainful employment permitted”.
Social security and other government benefits
According to the Federal Ministry of the Interior and Community instructions on 14 March 2022,
the request for support (accommodation, food, medical care) is considered a request for protection.
If you are not gainfully employed, you are entitled to family benefits after a 15-month stay in Germany.
School / training / studies
All children from the age of 6 or 7, education is compulsory for all children in Germany, and so they must attend school. Compulsory schooling and access to the educational system for refugee children and adolescents are regulated differently in each federal state.
Health / Medical
In urgent cases you can use the emergency ambulances in the visit hospitals.
If you are in need of help, you are entitled to benefits the Asylum Seekers Benefits Act. All you need is the Identity Document.
Please do not hesitate to contact our team at jaberi@jaberilawyers.com about your residency in Germany.
