On 5 December 2023, the "Ordinance on the Regulation of the Continued Validity of Residence Permits Issued to Temporary Protected Persons from Ukraine pursuant to Section 24 (1) Residence Act (Ukraine Residence Permit Continued Validity Ordinance - UkraineAufenthFGV)" of the Federal Ministry of the Interior and for Home Affairs (BMI) came into force. The ordinance stipulates that:
Residence permits pursuant to Section 24 (1) AufenthG that were issued to refugees from Ukraine and that were valid on 1 February 2024, including their conditions and ancillary provisions (e.g. residence requirement or regulation on permission to work), remain valid until 4 March 2025.
What does this mean for those affected?
The residence permits covered by the regulation will be automatically extended. Holders of such residence permits therefore do not need to submit an application to extend their residence permit. It is not necessary to go to the foreigners authority. Due to the automatic extension, the opportunities to work, study, receive social benefits, travel abroad and other guarantees and freedoms associated with the residence permit are retained.
Holders of the above-mentioned residence permits are still entitled to benefits in accordance with SGB II and SGB XII and are generally entitled to benefits in accordance with the Federal Training Assistance Act (BAföG), child benefit, housing benefit and health insurance benefits.
If the residence permit is valid until at least 1 February 2024 and is therefore automatically extended, it is not necessary to issue a new electronic residence permit even if the validity date entered in the document has expired. In these cases, no new electronic residence permit will therefore be issued. As a rule, the foreigners authority does not issue separate certificates on the continued validity of the residence permit.
The extension is automatically reported to the Central Register of Foreigners.
The border authorities of the Schengen member states are informed about the effects of the Ukraine Residence Permit Regulation.
To which war refugees from Ukraine does the regulation not apply?
Persons whose residence permit was no longer valid on 1 February 2024 in accordance with Section 24 (1) AufenthG or who only entered the country after 1 February 2024 are not covered. They must apply for a residence permit in Germany at the immigration authority responsible for them.
The regulation also does not apply to holders of a fictitious certificate pursuant to Section 81 (3) or (4) AufenthG whose application for a residence permit pursuant to Section 24 AufenthG has not yet been decided.
What does this mean for employers?
People who are covered by the Ukraine Residence Regulation are permitted to work until 4 March 2025 without any restrictions under immigration law.
Request from the foreigners authority:
The UkraineAufenthFGV was issued to relieve the already overburdened immigration authorities.
Holders of a residence permit valid on 1 February 2024 in accordance with Section 24 (1) AufenthG are requested to refrain from submitting applications and enquiries to the immigration authorities so that the processing of the applications to be decided is not delayed.
If you have any further questions, please do not hesitate to contact the staff of the Foreigners' Registration Office (Department for Foreigners and Citizenship) at the Office for Social Affairs and Integration (03904/7240-2350).
