10 FAQs on entry into Germany from Ukraine
Українська версія тексту за посиланням.
The current conflict in Ukraine and the EU Mass Influx Directive (2001/55/EG), activated for the first time in this context, have led to many questions for those who have fled Ukraine, for employers and for helpers. The flood of information and sources has made it difficult for those affected to know what to do. We have compiled the answers to the most frequently asked questions on issues involving entry into Germany, residence, work and social benefits below.
1. Can people fleeing from Ukraine enter Germany without a residence permit/visa?
Ukrainian citizens can travel to Germany and remain for 90 days without a visa. They must have a biometric passport. Entry is currently permitted even without such a passport, but then a police identification process is usually conducted.
2. Do Ukrainian citizens have to apply for asylum?
No, this is not necessary. Based on the resolution to accept displaced persons according to Article 5(1) of Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection, starting immediately, people fleeing from Ukraine will be granted a residence permit according to section 24 (Granting residency for temporary protection) of the German Residence Act (Aufenthaltsgesetz) after making the appropriate application.
3. What are the rules for people who were already legally residing in the EU before 24 February 2022?
According to instructions issued by the German Federal Ministry of the Interior (Bundesministerium des Innern und für Heimat – BMI), the temporary protection is also extended to include those who fled from Ukraine not long before 24 February 2022 or who were staying in the EU shortly before this date, e.g. on holiday, visiting relatives or to work, and could not/cannot return to Ukraine due to the conflict.
4. Where should Ukrainians apply for temporary protection according to section 24 German Residence Act?
As a rule, the immigration office in the city in which the applicants have their usual place of residence is responsible. You can find the relevant office by entering the city name or postal code here. Some authorities offer the option of filing the application online on a registration website set up specifically for that purpose, e.g. the LEA immigration office in Berlin, or when they register for the first time. It is advisable to consult the website of the relevant municipality or city.
5. How long does the residence permit according to section 24 German Residence Act remain in effect?
The temporary protection is granted until 4 March 2024 at the latest.
6. Are people fleeing from Ukraine permitted to work in Germany?
Yes, the residence permit to be issued according to section 24 German Residence Act automatically entitles the bearer to commence self-employment or employment. Even if there is no prospect of a specific job, when the residence permit is issued, the immigration office will enter into it that employment is permitted. This means that no separate work permit from another authority is required.
7. How long does it take to issue the residence permit according to section 24 German Residence Act?
That depends on the competent immigration office. However, the immigration office can first (after the application is made) issue a temporary residence certificate (Fiktionsbescheinigung) under which employment is allowed even before the actual permit has been issued.
8. What are the rules for employment?
As soon as the residence permit according to section 24 German Residence Act or the temporary residence certificate is available, employment can commence. A written employment contract should be entered into in any event. This can be for a “mini-job”, an internship contract or a “normal” employment contract according to German labour law – in this case, everything is the same as when hiring German employees. As a rule, this employment is subject to German social security deductions and income tax. Employers must register their (new) employees with the authorities. The (new) Ukrainian employees will probably not yet have, for example, a German social security number; this will be sent to them automatically by the German pension authority (Deutsche Rentenversicherung) by post as soon as the employer has registered them – here as well, everything is the same as with German employees. However, the employer must place a copy of the residence permit or the temporary residence certificate in the employee’s file and comply with its terms of validity.
9. What do Ukrainians need to do in order to receive social benefits?
People who have fled from Ukraine and are in need can receive social benefits starting upon arrival and without needing a residence permit (e.g. according to section 24 German Residence Act). The only requirement for this is registration with an initial registration facility. The registration (also referred to as “initial registration”) is also possible throughout Germany at any immigration office or the German Federal Police (Bundespolizei). After the registration, an arrival document (Ankunftsnachweis) is issued with which social benefits application can be made with the local social welfare office (Sozialamt) under the German Asylum Seekers’ Benefits Act (Asylbewerberleistungsgesetz – AsylbLG).
10. Is it possible to travel onward within the EU?
Ukrainian citizens who have entered an EU Member State (that is also a Schengen country) without a visa with a biometric passport are free to travel within the Schengen area and remain for up to 90 days (within 180 days).
If an EU Member State has already issued a residence permit, such residence is permitted in other EU Member States for this time period. Moving to another EU Member State for residence requires compliance with the laws of that state. As a rule, it is not easily permissible to take up employment in another state.
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