Germany does not introduce a separate status for Ukrainians: how to legalize after temporary protection
Millions of Ukrainians who fled the country due to the full-scale war settled in Germany, the country that has accepted the largest number of refugees in Europe. Most of them enjoy temporary protection, which gives them the right to live and work for a certain period. However, after this period expires, the question of legalization arises. The federal government decided not to create a separate special status for Ukrainians, so further legalization takes place through the standard mechanisms of migration law that apply to all foreigners.
Why Germany abandoned a separate status
Unlike the Czech Republic and Ireland, which have developed special transitional programs for Ukrainians, Germany has chosen a stricter path of integration through general rules. The Federal Ministry of the Interior explains this by the fact that most Ukrainians are already integrated into German society: they work, pay taxes and have housing.
The government believes that Ukrainians can apply for standard residence permits on an equal basis with other foreigners, so a separate law or status is not needed. This approach creates certain difficulties: a large number of applications leads to an overload of the Aliens’ Offices (Ausländerbehörde), where the waiting lists for admission often reach from six months to one year. This is especially noticeable in large cities such as Berlin, where more than 70,000 Ukrainians are registered under temporary protection.
For anyone planning to remain in Germany after the end of temporary protection, it is necessary to independently determine the appropriate category of residence permit, prepare a package of documents and apply to the local Aliens’ Office. However, the lack of a separate law complicates the process, creating additional bureaucratic obstacles, and makes timely planning and compliance with procedures crucial in order to maintain the right to legal residence and access to work and social services.
Fiktionsbescheid: a document for the transitional period
After the end of the temporary protection period, the first necessary action is to apply to the local Ausländerbehörde for a Fiktionsbescheid. This temporary certificate confirms that the application for a residence permit is pending, and gives the right to legally stay in the country, work and use most social services.
The Fiktionsbescheid is not a permanent permit and is only valid for the duration of the application. The duration of the review can vary significantly depending on the federal state and city, sometimes ranging from several months to more than a year.
How to issue a Fiktionsbescheid: step-by-step instructions
The first step is to make an appointment with the local Foreigners’ Office (Ausländerbehörde) as soon as possible, preferably six months before the expiration of the current residence permit, in order to avoid queues and delays in processing documents.
The next step is to prepare a complete basic package of documents, which includes a valid passport, confirmation of residence registration (Anmeldung), photos of the established format and documents confirming the applicant’s employment or income level.
During At the appointed reception, you must apply for a residence permit and at the same time request a Fiktionsbescheid, which will be valid for the period of consideration of your application.
After receiving the certificate, it should be kept, as it confirms the legal status of stay in the country and gives the right to work and use social services until the final decision is made on your residence permit.
Types of residence permits after temporary protection
The choice of the appropriate residence permit depends on the individual situation of the Ukrainian, his profession, the presence of a family or business.
1. Residence permit for employment purposes (Aufenthaltserlaubnis zur Beschäftigung)
This type of permit assumes that the person has a valid employment contract with an employer who is willing to confirm employment. To obtain a permit, you must provide a passport, proof of qualifications, an employment contract and prove a sufficient level of income to live without social assistance.
The validity period of a residence permit is usually one to two years with the possibility of extension. In some cases, a labor market priority check (Vorrangprüfung) is provided, which makes it possible to ensure that German citizens have priority in the relevant position.
2. EU Blue Card (Blaue Karte EU)
This type of permit is intended for highly qualified specialists with higher education whose diplomas are recognized in Germany. In addition to having confirmed qualifications, the applicant must receive an income exceeding the established threshold.
The Blue Card provides the opportunity to apply for permanent residence after 21 months of legal work, provided that they have German language skills at level B1, or after 33 months without a certificate. This path is particularly convenient for specialists who seek long-term residence and stable integration.
3. Residence permit based on family ties (Familiennachzug)
If family members already have permanent residence or citizenship in Germany, Ukrainians can use a reunification permit.
To do this, you need to provide proof of family ties, guarantee sufficient income for living and housing, and have basic knowledge of the German language at level A1. This type of permit helps to maintain family ties and at the same time integrate into local society.
4. Residence permit for the self-employed and entrepreneurs
People who run their own business or work as freelancers can obtain a residence permit by proving the economic feasibility of their activities and the availability of clients or contracts.
This type of permit is suitable for those who plan to stay in the country for a long time, create jobs or develop their own business.
Permanent residence (Niederlassungserlaubnis)
The Niederlassungserlaubnis grants the right to reside in Germany indefinitely and opens up all opportunities, except for participation in federal elections.
The standard requirements for obtaining it include at least five years of legal residence, a stable income, knowledge of the country’s laws and constitutional order, German language proficiency at level B1 and no criminal record. Blaue Karte holders have an accelerated path: from 21 to 33 months depending on language proficiency.
Practical steps for legalization
To avoid bureaucratic difficulties, it is recommended to make an appointment with the Ausländerbehörde in advance, prepare a package of documents and attend German language courses. Even if a person has not yet found a job, integration courses help to obtain a residence permit faster and increase the chances of employment.
For those planning to return to Ukraine, there is a voluntary return program REAG/GARP, which provides financial support of up to 3,000 euros and compensation for transportation costs. The program is available only until the end of the temporary protection period or during a short transition period after its end.
The legalization process after temporary protection is complex and requires detailed preparation, but at the same time it opens up the possibility of a stable life for Ukrainians in Germany. Proper planning, knowledge of the available categories of residence permits, timely contact with the authorities and participation in language courses significantly simplify this transition period and contribute to the integration of Ukrainians into German society.
