In this FAQ, you can find information on the general regulations on the right of residence and social law that apply to refugees from Ukraine who are staying and working in Germany, and links to further information.

(up-dated 9 September 2022)

Persons from Ukraine do not need a visa or a residence permit for Germany (according to the ‘Ukraine Residence Transitional Ordinance‘ (Ukraine-Aufenthalts-Übergangsverordnung, UkraineAufenthÜV- only available in German) as of 7 March 2022). This applies to all persons

• who were residents in Ukraine on 24 February 2022 and who entered Germany after this date, regardless of their citizenship,
• who are Ukrainian citizens, refugees recognized in Ukraine or people who have been granted international or national protection in Ukraine, and who were temporarily not in Ukraine on 24 February 2022, but resided there until then.

This regulation applies retrospectively from 24 February 2022 and until 31 August 2022.

Until 31 August 2022, residence without a residence title is permitted. From 1 September 2022, residence without a residence permit is limited to 90 days from the date of entry.

• Those who will have been in Germany for more than 90 days by 31 August must apply for a residence title by 31 August; from 1 September, residence without a residence title is not permitted.
• Persons who come to Germany on 1 September 2022 or later do not need a visa for entry but must apply for a residence permit within 90 days.

The regulation applies until 30 November 2022.

A residence permit for further stay in Germany can be applied for in Germany.

Working as an employee or as a self-employed person is not permitted without a residence title.

Information

• BMI: FAQ entering Germany from Ukraine and residing in Germany
• BMI: Germany4Ukraine
• Handbook Germany: Entry & Residence
• minor: Residence law issues for people from Ukraine in Germany

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An application for a residence permit must be submitted by 31 August 2022 or persons entering Germany on or after 1 September 2022 must submit an application for a residence title within 90 days. The migration authority at the current place of residence or at the place of registration is responsible.

An application for a residence permit in accordance with Section 24 („residence for temporary protection“) of the Residence Act is possible.

An application for a residence permit for a particular purpose is possible, e.g. as a student, as a skilled worker, as a self-employed person, family reunification, etc. In order to obtain such a residence permit, it must be possible to independently secure a livelihood in Germany.

It is currently not recommended to apply for asylum. An asylum procedure is associated with a ban on working, accommodation in collective housing, etc.

Information

• BMI: FAQ entering Germany from Ukraine and residing in Germany
• BMI: Germany4Ukraine
• Handbook Germany: Entry & Residence
• minor: Residence law issues for people from Ukraine in Germany

The basis of this residence permit expires on 04.03.2024. At present, it is not yet clear whether this decision will be extended. It is also possible that the residence permit will be extended simply and without an appointment at an immigration office by means of a decree of the Federal Ministry of the Interior and Home Affairs. You will find up-to-date information on the website of the Landesamt für Einwanderung as soon as it is clear what the future legal regulations will be.

People who have such a residence permit can apply for an extension online. The residence permit will then remain valid until further notice, even if the validity date expires.

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Temporary protection under section 24, Residence Act, implements the EU's mass influx directive (Directive 2001/55/EC- only available in German). Applying for asylum is not necessary.

When and where must the application be submitted, how long is it valid?
The application must be submitted before 31 August 2022 or persons entering Germany on or after 1 September 2022 must submit an application for a residence title within 90 days. The migration authority at the current place of residence is responsible (BAMF: responsible authorities). Applications are free of charge and, in some cases, possible online.

It is valid for 2 years and may be extended up to 3 years under certain circumstances. The stay cannot be counted towards a later application for a permanent residence permit.

Persons who already have temporary protection in another EU member state are also entitled to a residence permit under section 24 of the Residence Act after moving on to Germany, provided that the other requirements are met.

If a person who enjoys temporary protection in Germany returns to Ukraine permanently, the residence title threatens to expire. In the case of a trip to Ukraine that was planned only temporarily from the outset, however, the title only expires after six months of absence from Germany. You can also apply to the competent authority for a longer period than six months.

With a residence permit issued according to § 24 AufenthG, working is permitted
The residence permit allows full access to the labour market, employment and self-employment are possible – from the time of application. When the application is submitted, a so-called ‘Fiktionsbescheinigung‘ (fictional certificate) is issued which already allows working.

Who can get temporary protection according to § 24 AufenthG?

• People with Ukrainian citizenship who fled Ukraine on or after 24 February 2022.
• Non-Ukrainian citizens of other countries and stateless persons who were recognized as refugees in Ukraine or had other international or national protection status and left Ukraine on or after 24 February 2022.
• Family members of the groups mentioned above (including unmarried partners)
• Non-Ukrainian citizens of other countries and stateless persons who had a permanent residence permit in Ukraine before 24 February 2022 and who are unable to return safely and permanently to their country of origin.

Place of residence in Germany
Those who have a sustainable housing option and can prove this by means of a permanent tenancy agreement, confirmation from the housing provider or registration in the municipality can stay in the place they have chosen themselves. A binding job offer, a training place or a place at university can also be decisive.

Those who do not have a sustainable housing option will be assigned to a municipality. The residence requirement can be lifted if employment subject to social security contributions is taken up, vocational training or studies or if a person moves to join family members.

Change of residence permit
A later change to another residence permit (for employment, taking up studies etc.) is possible.

Information

• BMI: FAQ entering Germany from Ukraine and residing in Germany
• BMI: Germany4Ukraine
• Handbook Germany: Entry & Residence

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Instead of a stay for temporary protection (according to § 24 AufenthG), a residence permit for another purpose can be applied for at the local migration authority during the visa-free stay, e.g. as a skilled worker (employment), for self-employment, for study purposes, for family reunification with relatives living in Germany etc.

For these residence permits, the livelihood must be secured independently. This means that no social benefits can be claimed.

The residence purpose is indicated in the documents. For example, if you have a residence permit according to § 21 AufenthG (Self-employment), you can only work as a self-employed person in the specified field of activity. The authorities must agree to a change in the purpose of residence.

An application may make sense if one intends to stay in Germany in the long term and is seeking a permanent residence permit (Niederlassungserlaubnis). It is possible to change from a residence permit according to § 24 AufenthG to another residence permit.

Information

• Handbook Germany: National visa

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Refugees from Ukraine are entitled to social benefits.

Until the end of May 2022, only the regulations of the ‘Asylum Seekers' Benefits Act‘ (Asylbewerberleistungsgesetz AsylbLG- only available in German) applied in the case of a residence permit according to § 24 AufenthG (Residence Act) . The regulations include:

• Cash benefits (housing benefit, money for food etc.),
• Social insurance,
• Child benefit (and family benefits if gainful employment is taken up),
• Access to German courses (however, there is no entitlement to an offer free of charge),
• Access to the school system,
• Right to family reunion,
• Counseling and mediation in accordance with employment promotion law by the employment agencies. This also applies to the ZAV Künstlervermittlung (only available in German), which can advise performing artists who have had to flee Ukraine.

The social welfare office (Sozialamt) at the place of residence is responsible.
 

On 1 June 2022, amendments to the law came into force that newly regulate the entitlements to social benefits for refugees from Ukraine with a residence permit under section 24 of the Residence Act (AufenthG) or after applying for a residence permit under section 24 of the Residence Act.

From 1 June 2022, benefits according to the Social Security Code SGB II/SGB XII can be claimed if

• a residence permit according to § 24 has been issued or an application has been filed and a fictional certificate (Fiktionsbescheinigung) has been issued

and

• if an identification process (§ 74 SGB II) has been carried out (exceptions apply for children).

The Job Centre (for persons capable of working) or the Social Welfare Office (for persons capable of working to a limited extent) at the place of residence is responsible for benefits according to the SGB.

At the Job Centre one can receive benefits to secure livelihood, accommodation, and heating in the form of money or vouchers, e.g. for food, clothing, rent. In addition, one gets insurance through the statutory health insurance.

As long as these requirements have not yet been met (residence permit or filed application and an according identification process), benefits can still be received under the AsylbLG, see above.

There are transitional regulations that must be observed.

Summaries of the regulations can be found here:

• Bundesministerium für Arbeit und Soziales FAQ
• Berlin Senat: New regulation: Applying for social benefits at the Job Centre – link
• Netzwerk Berlin hilft – Registrierung Berlin & Leistungen ab 1.06. (only available in German)
• IQ Netzwerk – spreadsheet (only available in German)
   

Important: Any payments that exceed the needs for daily life (including gifts, donations, scholarships and stipends) must be reported and are counted towards social benefits. The exemption amount for own ‘usable assets‘ is limited to 200 euros per person.

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Refugees from Ukraine who are not in need of assistance, e.g. because they continue to work from Germany and thus have income or financial reserves, have a right of accession to voluntary insurance in the statutory health insurance (GKV) (cf. § 417 SGB V). The right to join presupposes that the requirements under residence law are met and that there is no need for assistance according to SGB II or SGB XII.
The application for admission to the GKV must be made within a six-month period after taking up residence in Germany. Voluntary insurance also includes the option of free family insurance in the GKV. Voluntary members of the statutory health insurance are at the same time subject to compulsory insurance in the social long-term care insurance pursuant to Section 20 (3) of the Eleventh Book of the Social Code (SGB XI).

Information: Federal Ministry of Health: FAQ medical help for Ukrainians (only available in German)

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Employment is possible. The same rules apply as for all employees. The employer pays social security contributions, the employee insures him/herself with a health insurance fund. The income is taxable.

The income is counted against social benefits. An allowance of 25% of the gross income applies, max. 50% of the established standard need is exempt from offsetting. 

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Self-employment is possible. The same rules apply as for all self-employed persons: Independent insurance with a health insurance fund, social insurance via the Künstlersozialkasse (Artist’s Health Insurance, KSK- only available in German) is generally possible, registration of self-employment is required (via the form „Fragebogen zur steuerlichen Erfassung“, ELSTER Online- only available in German).

The income is counted against social benefits. An allowance of 25% of the gross income applies, max. 50% of the established standard need is exempt from offsetting.

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Payments of expense allowances, for voluntary work etc. are possible. An allowance of 250 euros per month applies, which is not to be considered as income and is not counted against social benefits.

Scholarships and stipends are possible but will be counted against social benefits.

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List of contacts in Germany:https://adressen.asyl.net/language/en/welcome-to-informationnetwork-asylum-and-migration/
 

Refugee Law Clinics:www.refugeelawclinics.de (only available in German), overview Refugee Law Clinics in Germany > link
 

Networks in Berlin:

• Moabit Hilft (only available in German)
• Berlin Hilft (only available in German)
• Flüchtlingsrat Berlin (only available in German)

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Goethe Institute and Artists at Risk: Support for artists and cultural workers from Ukraine (only available in German) >>>

ITI Deutschland and Deutscher Bühnenverein: StayOnStage>>>
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new start media. Job portal for culture, film and media>>>
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Goethe Institute:Information for Ukrainians, FAQ arrival in Germany
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ifa: Cultural aid Ukraine – contact point for artists from Ukraine and cultural institutions in Baden-Württemberg >>>

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European Cultural Foundation: Resources to support Ukraine>>>

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