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Ukraine-War:

Right of residence and work permit for Ukrainian citizens

25 March 2022

Sevim Weller, Partner, Income tax & international personnel deployment |

Visa-free residence is possible for Ukrainian nationals, as positive nationals, and for all foreigners staying in the Ukraine on 24 February 2022 without residence registration or notification obligations, registration as a refugee or an application for asylum is also not necessary.

ENTRY AND RESIDENCE

In order to facilitate the unbureaucratic entry and residence of Ukrainian nationals and also third-country nationals on the occasion of the war in Ukraine as a result of the invasion by the Russian Federation on 24 February 2022, the Federal Ministry of the Interior and Home Affairs (Bundesministerium für Innere und Heimat, BMI) has issued a visa-free residence permit for Ukrainian nationals. On 24 February 2022, the Federal Ministry of the Interior and Home Affairs (BMI) issued the Ordinance on the Temporary Exemption from the Requirement of a Residence Title for Persons Entering Ukraine on the Occasion of the War in Ukraine (Ukraine Residence Transition Ordinance - UkraineAufenthÜV) pursuant to section 99(1) no. 1 and no. 2 of the Residence Act (AufenthG), which was promulgated in the Federal Gazette on 7 March 2022 and entered into force on 8 March 2022.

This ordinance applies retroactively as of 24 February 2022 and makes it possible to bridge the situation under residence law until residence titles are issued in accordance with section 24 of the Residence Act. As a result of the decision to admit displaced persons pursuant to Article 5(1) of Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection, a residence permit extendable up to three years for an initial period of one year pursuant to section 24 of the Residence Act (AufenthG - Aufenthaltsgewährung zum vorübergehenden Schutz) will be granted with immediate effect to the group of persons covered upon corresponding request.

EMPLOYMENT

Due to the legal requirements under Section 24 (6) of the Residence Act, employment is not permitted by law, but it can be allowed by the respective immigration office.

For Ukrainian nationals, there is also still the possibility that the usual residence titles permitting gainful employment can be applied for if long-term residence is desired now and the requirements for this are met. This is currently possible in Germany at the competent immigration office and, if necessary, with the approval of the Federal Employment Agency; the visa procedure in the home country is waived.