The movement of persons from Ukraine to Germany is a topical issue involving numerous legal and legislative aspects. Learn more about the main issues related to the legal regulations governing the stay of Ukrainians in Germany

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As a result of the military conflict in Ukraine and the large-scale migration of its citizens, many questions arise regarding the laws governing residence in Germany. We are trying to explain the key aspects of the current legal situation.

Can Ukrainians legally enter Germany?

All persons who come to Germany for the first time from Ukraine due to the war can enter and stay in Germany for 90 days without a residence permit (Aufenthaltstitel). No visa, residence permit, or right to a visa-free stay is required to enter Germany. Persons entering from Ukraine must apply for a residence permit within 90 days.

All Ukrainians who cross the border into Germany for the first time because of the war can legally stay in Germany for 90 days without an additional residence permit (Aufenthaltstitel). No specific visa, permit, or right of residence is required for entry. During this period, persons from Ukraine have the opportunity to apply for a residence permit to extend their stay in Germany according to the law.

Can Ukrainian citizens who were caught up in the war abroad enter Germany?

Citizens of Ukraine who were caught up in the war abroad have the opportunity to enter Germany until 31.05.2023. This opportunity is open to those who have Ukrainian citizenship or have been in Ukraine as refugees and have been granted protective status under the Geneva Refugee Convention or other international or national protection mechanisms. The condition is that the person has a permanent place of residence in Ukraine, where he or she temporarily stayed.

It is important to note that in Germany, traveling abroad for more than 6 months or for a long-term stay is considered a change of permanent residence. For example, if a person has been abroad on vacation or an internship, they can enter Germany from that place.

However, it is important to keep in mind that if the stay in Ukraine was provided for by other conditions (e.g., for study) or if the person had the right to permanent residence but was abroad on 24.02.2022 (e.g., visiting his/her homeland), entry to Germany may be restricted.

Can Ukrainians leave Germany to move to other EU and Schengen countries?

Ukrainians with a biometric passport can stay in the European Union and the Schengen area without a visa for 90 days within a 180-day period. This applies not only to the EU but also to other Schengen countries. Ukrainians can travel to different countries of the European Union and the Schengen area, with mandatory re-checking of documents at the border.

It should be borne in mind that the Border Guard Service controls are carried out between Romania, Bulgaria, Cyprus and Ireland, as well as the Schengen countries. Passengers' documents are checked a second time. In addition, Ukrainians can freely enter Iceland, Norway, Switzerland and Liechtenstein without a visa.

Do Ukrainian refugees need a visa to enter Germany?

Ukrainian refugees do not require a visa to enter Germany, provided that they comply with an order issued by the German Ministry of the Interior. This exceptional situation applies to persons arriving from other countries of the European Union or the Schengen area, as well as to those arriving from other countries such as Georgia or Turkey. Contacting the airline is mandatory to clarify readiness for transportation, as they are responsible for passengers who have entered without proper authorization. In case of problems, it is recommended to contact the German embassy in the country of residence.

Some persons who are not covered by the German Ministry of the Interior's regulation but are eligible for a residence permit under § 24 AufenthG include family members of Ukrainian refugees who were abroad at the outbreak of the war. These persons can apply for a visa at the German embassy in the country where they are currently residing.

Igor Usyk - Head of Legal Department at Visit World

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