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Source: BUS Sachsen-Anhalt (Linie6PLus)

Applying for a residence permit due to expulsion

Description

By Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of the Mass Influx Directive 2001/55/EC, the European Union decided to open the admission procedure for temporary protection for war refugees.

If you have fled Ukraine because of the war or if you have been legally resident in Germany for a long time and are unable to return to Ukraine after your current residence permit has expired due to the war, you can receive temporary protection in Germany in accordance with § 24 of the Residence Act.

In addition, you can currently enter Germany without a visa and stay here - initially for a limited period until 31 August 2022 - without a residence permit.

If necessary, you can receive government support to make a living (for example, in the form of housing, cash payments or medical care). If you are dependent on state support (social benefits), you are generally not entitled to stay in a specific place in Germany. Your place of residence is determined by the competent authority (allocation decision). In order to take up residence in a place of your choice, weighty reasons must be presented (for example, family relationships).

Before obtaining the residence permit, you must go through the formal registration process for refugees. When registering, your personal data (personal data and fingerprints, photo) will be collected by a German authority.

As a rule, the residence permit is initially issued for two years. In total, it can be granted for a maximum of three years.

If there are no reasons to the contrary, you will receive permission from the competent immigration authority to pursue an dependent or self-employed activity, with which you can pursue any employment in Germany. Please note that in some professions there are professional access restrictions (for example, in the health sector). You can also start your own business or work freelance.

In addition, you can receive consulting and placement services in accordance with SGB III from the employment agencies.

Children from the age of six have the right but also the duty to attend school.

The whole procedure is structured as follows:

  • Registration: Before obtaining the residence permit, you must go through the formal registration process for refugees. Registration is currently taking place, for example, in reception centres or immigration authorities and usually includes your name, date of birth, nationality, current address and a copy of your identity document. In addition, you will be photographed and your fingerprints will be captured.
  • After registration, a certificate (proof of arrival, start-up certificate, fiction certificate or other confirmation) is issued, which can be presented to the competent social welfare office to apply for social benefits.
  • Distribution to a place of residence in the case of social benefit (allocation): Subsequently, an allocation decision is issued that obliges you to take your apartment and habitual residence in a certain place or region.
  • Registration: Registration of your residential address at the responsible residents' registration office at the destination.
  • Applying for a residence permit: In order to obtain a residence permit for temporary protection, you must submit an application to the immigration authority responsible for your place of residence. If you already have an assignment decision, this is the location to which you were assigned.
  • Find out whether your immigration office makes it possible to apply online or provides a special application form.
  • If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of online applications, the Foreigners' Registration Office will contact you upon receipt of your application to make an appointment.
  • During the appointment, your identity and your documents will be checked (please bring your documents, if possible in the original, to the appointment).
  • If your application is granted, your fingerprints will be taken for the production of an electronic residence permit (eATCard). The Foreigners' Registration Office commissions Bundesdruckerei to produce the eAT card. After completion, you will receive information and can pick up the residence permit at the responsible office. The eAT card must always be collected in person.
  • If your application is rejected, you will receive a rejection notice.
  • The first registration, the distribution, the registration with the registration authority and the application for the residence permit are separate processes – sometimes they are done together, but this ultimately depends on the organization on site. If in doubt, please ask.
  • You must declare your willingness to be admitted to the Federal territory (i.e. you must express a request for protection, for example by applying for a residence permit for temporary protection)
  • You belong to the group of beneficiaries if you had your habitual residence in Ukraine before 24.02.2022 and belong to the following group of persons:
    • Ukrainian nationals with their family members,
    • Displaced non-Ukrainian nationals and stateless persons with international or national protection status in Ukraine with their family members.
    • Displaced non-Ukrainian nationals and stateless persons with a right of permanent residence in Ukraine (permanent residence) who cannot return to their home country with their family members.
    • Displaced non-Ukrainian nationals with temporary residence in Ukraine who are unable to return to their home country.
  • In addition, Ukrainian citizens who have been legally resident in Germany for a long time and cannot return to Ukraine after their current residence permit has expired due to the war can apply for a residence permit.
  • Recognised and valid identity document (e.g. passport with or without biometric features, passport replacement document, identity documents of the country of origin, driving licence)
  • Proof of the date of entry into the Schengen area and Germany
  • Start-up certificate or proof of arrival (if available)
  • Proof of family relationships (marriage, birth certificate, adoption certificate, if available)
  • Assignment decision (if any)
  • Proof of the current place of residence or residence in Germany
  • Displaced persons who do not have Ukrainian citizenship: proof of valid right of residence in Ukraine
  • Proof of representation (if you act as a representative)
  • In individual cases, the Foreigners' Registration Office may require less or more evidence.

From 0 to 100 EUR

Remark:

Additional fees may apply for the issuance of the residence permit in the form of the electronic residence permit (eAT), which can also be used as electronic proof of identity.

Fees are not charged when receiving benefits. In other cases, the fee may be waived or reduced in individual cases on humanitarian grounds.

Application deadline:

Duration: 6 to 8

Remark:

At the latest 8 before the expiry of the date specified in the Ukraine Transitional Residence Ordinance, the application should be received by the Foreigners' Registration Office.

Objection period:

1 month

approx. 8 weeks.

The production of the electronic residence permit by Bundesdruckerei takes about 4 to 6 weeks. Due to the very high number of displaced persons, it can also take longer. This varies from foreigners' registration office to foreigners' registration office. For the transitional period, you will receive a fiction certificate. The stay in the Federal territory is thus permitted until the eAT is handed over

  • Appeal against the decision of the Foreigners' Registration Office
  • Action before the court referred to in the notice of opposition if the opposition is not complied with

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Online Dinst available: Yes

  • The immigration authorities will issue so-called fictional certificates as soon as an application is submitted. These bridge the right of residence until the actual residence permit can be issued and issued. The Foreigners' Registration Office will also enter "Gainful employment permitted" in the fictional certificate.
  • If there is need, all persons covered by the scope of § 24 of the Residence Act currently receive benefits for subsistence and medical care.
  • There is no objection to the allocation decision; an action has no suspensive effect.
  • Incorrect or incomplete information can slow down the procedure and be detrimental to you. In an emergency, incorrect or incomplete information that is not completed or corrected in good time to the Foreigners' Registration Office may result in the withdrawal of already granted residence rights, a fine, a prison sentence of up to three years or expulsion from federal territory.
  • If you meet the requirements for this, you can in principle also obtain a residence permit for the purpose of employment or training at the local immigration office.
  • As an alternative to applying for a residence permit for temporary protection, every refugee has the opportunity to apply for asylum. However, it should be noted that applying for a residence permit provides protection more quickly and is associated with advantages (for example, no restriction on taking up work and no obligation to live in initial reception facilities)

The text was automatically translated based on the German content.

Ministry of the Interior and Municipal Affairs of the State of Brandenburg

No authority found