Residence permit due to displacement

The entire procedure is structured as follows:

• Registration: Before receiving your residence permit, you must go through the formal registration process for refugees. Registration currently takes place, for example, at reception centers or immigration authorities and usually includes your name, date of birth, nationality, current address, and a copy of your identification document. In addition, you will be photographed and your fingerprints will be recorded.
• Once registered, a certificate (proof of arrival, start-up certificate, fictitious certificate or other confirmation) is issued that can be presented to the relevant social welfare office in order to apply for social benefits.
• Distribution to a place of residence in case of social benefit claim (assignment): Subsequently, an assignment decision is generally issued, which obligates you to take up residence and habitual abode in a specific place or region.
• Registration: Registration of your residential address with the relevant residents' registration office at your destination.
• Application for a residence permit: In order to obtain a residence permit for temporary protection, you must submit an application to the foreigners authority responsible for your place of residence. If you already have an assignment decision, this is the place to which you have been assigned.
• Find out if your Aliens' Registration Office allows you to apply online or has a special application form.
• If the application can only be submitted in person, make an appointment at the Aliens' Registration Office. In the case of online application, the Aliens' Registration Office will contact you after receiving your application to schedule an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents, if possible in original, to the appointment).
• If your application is granted, your fingerprints will be taken for the production of an electronic residence permit (eATKarte). The Aliens' Registration Office will order the production of the eAT card from the Bundesdruckerei. 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 initial registration, distribution, registration at the registration office and application for the residence permit are separate processes - sometimes they are done together, but this ultimately depends on the local organization. In case of doubt, please ask.

The immigration authority responsible for the place of residence of the applicant is responsible for processing the application.

• You must declare your willingness to be admitted to the territory of the Federal Republic of Germany (i.e. you must express a request for protection, for example by applying for a residence permit for temporary protection).
• You belong to the beneficiary group of persons if you had your habitual residence in Ukraine before 24.02.2022 and belong to the following group of persons:
  • Ukrainian citizens with their family members,
  • Displaced non-Ukrainian citizens and stateless persons with international or national protection status in Ukraine with their family members.
  • Displaced non-Ukrainian nationals and stateless persons with an indefinite right of residence in Ukraine (permanent right of residence) who cannot return to their country of origin with their family members.
  • Displaced non-Ukrainian citizens with temporary right of residence in Ukraine who cannot return to their home country.
• In addition, Ukrainian nationals who have been legally residing in the territory of the Federal Republic of Germany for a long time and cannot return to Ukraine after their current residence permit expires due to the war may apply for a residence permit

• Recognized and valid identity document (for example, passport with or without biometric features, passport replacement document, identity documents of the country of origin, driver's license).
• Proof of the date of entry into the Schengen area and Germany
• Arrival certificate or proof of arrival (if available)
• Proof of family relations (marriage, birth, adoption certificate, if available)
• Assignment decision (if available)
• Proof of current place of residence or stay in Germany
• Displaced persons who do not have Ukrainian citizenship: Proof of valid right of residence in Ukraine.
• Proof of representation (if you are acting as a representative)
• In individual cases, the Aliens' Registration Office may require less or further proof.

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 an electronic proof of identity.

The fee is waived in the case of benefit receipt. In other cases, the fee may be waived or reduced in individual cases for humanitarian reasons.

• § 45 Nummer 1 Aufenthaltsverordnung - Gebühren für die Aufent-haltserlaubnis, die Blaue Karte EU, die ICT-Karte und die Mobiler-ICT-Karte
• § 53 Absatz 1 Nummer 1 Aufenthaltsverordnung - Befreiung und Ermäßigung aus Billigkeitsgründen)
• § 52 Absatz 7 Aufenthaltsverordnung - Befreiungen und Ermäßigungen)

Application deadline:

Duration: 6 to 8 weeks

Remark :

No later than 8 weeks before the expiration of the date specified in the Ukraine Residence Transition Regulation, the application should be received by the Foreigners' Registration Office.

approx. 8 weeks.

It takes about 4 to 6 weeks for the Bundesdruckerei to produce the electronic residence permit. Due to the very high number of displaced persons, it can also take longer. This varies from foreigners authority to foreigners authority. For the transitional period you will receive a fictitious certificate. The stay in the federal territory is thus allowed until the eAT is handed out.

• Richtlinie 2001/55/EG des Rates vom 20. Juli 2001 über Mindest-normen für die Gewährung vorübergehenden Schutzes im Falle ei-nes Massenzustroms von Vertriebenen und Maßnahmen zur Förde-rung einer ausgewogenen Verteilung der Belastungen, die mit der Aufnahme dieser Personen und den Folgen dieser Aufnahme ver-bunden sind, auf die Mitgliedstaaten
• Durchführungsbeschluss (EU) 2022/382 des Rates vom 4. März 2022 zur Feststellung des Bestehens eines Massenzustroms von Vertriebenen aus der Ukraine im Sinne des Artikels 5 der Richtlinie 2001/55/EG und zur Einführung eines vorübergehenden Schutzes
• § 24 Aufenthaltsgesetz (AufenthG) - Aufenthaltsgewährung zum vorübergehenden Schutz
• Verordnung zur vorübergehenden Befreiung vom Erfordernis eines Aufenthaltstitels von anlässlich des Krieges in der Ukraine einge-reisten Personen (UkraineAufenthÜV)

• Appeal against the decision of the Foreigners' Registration Office
• Action before the court named in the notice of appeal if the appeal is not granted

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Online dinst available: Yes

• The foreigners authorities will issue so-called fictitious certificates as soon as an application is submitted. These bridge the right of residence until the actual residence title can be issued and granted. The foreigners authority will also enter "gainful employment permitted" in the fictitious certificate.
• If there is a need, all persons covered by the scope of application of Section 24 of the Residence Act currently receive benefits for subsistence and medical care.
• There is no appeal against the allocation decision; an appeal has no suspensive effect.
• Incorrect or incomplete information may slow down the procedure and be disadvantageous for you. In serious cases, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Aliens' Registration Office may result in the revocation of residence rights already granted, a fine, a prison sentence of up to three years, or expulsion from the 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 from the local aliens' registration office.
• As an alternative to applying for a residence permit for temporary protection, every refugee has the option of applying for asylum. However, it should be noted that applying for a residence permit grants faster protection and is associated with advantages (for example, no restriction on taking up employment and no housing obligation in initial reception facilities)

19.03.2023

The text was automatically translated based on the German content.