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17 Nov. 2024

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Transition from Paragraph 24 for Ukrainians in Germany - what are the options?

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Germany
Transition from Paragraph 24 for Ukrainians in Germany - what are the options?

Ukrainians have legal ways to switch from Paragraph 24 to a permanent residence permit in Germany. Learn about the features of each option, requirements, documents and important nuances for a successful change of residence status

Legal assistance on migration issues for Ukrainians in Ukraine and abroad
Legal assistance on migration issues for Ukrainians in Ukraine and abroad
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Temporary protection under Paragraph 24 for Ukrainian refugees is valid until March 4, 2025. It is currently unknown whether it will be extended. Moreover, early elections could seriously affect the conditions of Ukrainians' stay in the country. That is why many citizens are already thinking about how to stay in Germany for a longer period and successfully integrate into German society.


Is it possible to obtain a residence permit in Germany after Paragraph 24 - conditions and rules


Yes, Ukrainians can choose a different Paragraph if they have the appropriate grounds. The transition from Paragraph 24 to a residence permit is possible if the citizen


– has started studying at a university, is pursuing vocational education (Ausbildung) or additional training (Weiterbildung);

– started his/her own business in the country,

– has been officially employed.


Please note! After the change of the Paragraph, it will be impossible to return to temporary protection (Paragraph 24) in Germany.




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How to get a residence permit in Germany - an overview of options for transition from Paragraph 24


The key requirement for obtaining a residence permit is complete financial independence. The applicant must cover all living expenses without the support of German social services, such as the Jobcenter, Agentur für Arbeit or Sozialamt. In addition, it is worth knowing that before changing the status, the migration service will definitely check the applicant's criminal record.


European Union Blue Card - Paragraph 18g


The EU Blue Card (Blaue Karte EU) under paragraph 18g is a special residence permit for highly qualified specialists. To obtain it, you need to have a specific job offer in Germany for at least six months. It is important that the position corresponds to your educational qualifications, and the annual salary should be at least EUR 45,300 gross (as of 2024).


It should be noted that the EU Blue Card has a number of advantages over a residence permit for employment and allows you to obtain permanent residence (permanent residence) faster. In addition, family members (spouse and children) are automatically applied for a residence permit together with the applicant. They do not need to submit a separate application and the State Immigration Service (LEA) will contact the applicant independently regarding residence permits for their family members.

For more information on obtaining a Blue Card in Germany, in particular in Berlin, please follow the link.


Visas for highly qualified specialists and experienced workers - Paragraphs 18a, 18b and 19c


The visa for highly skilled workers (Visum zum Arbeiten für Fachkräfte) provides for the possibility of obtaining a residence permit for specialists with recognized qualifications in Germany. The main requirements include an offer from an employer for a qualified position and, for regulated professions, a relevant license. Special attention should be paid to the fact that applicants over 45 years of age are subject to a higher threshold of the minimum annual salary - EUR 49,830 gross. Detailed conditions and the required list of documents can be found here.


Paragraph 19c is aimed at qualified professionals with substantial work experience. To obtain this visa, you need to have a job offer in an unregulated field, at least two years of professional experience and an annual salary of EUR 40,770 gross. It is important to note that in case of loss of employment under this visa, it is possible to apply for a Chance Card.


For detailed instructions on how to switch from temporary protection to a working residence permit in Germany, see our previous article.


Student visa - Paragraph 16b


Paragraph 16b is available for those who plan to study. The main conditions for obtaining it include enrollment in a German educational institution, German language proficiency at least B2, and financial security. Usually, a blocked account with an amount of at least 11,208 euros per year is required.


Visa for self-employed persons - Paragraph 21


Paragraph 21 opens up opportunities for entrepreneurs and freelancers. To obtain this visa, you need to provide a detailed business plan, proof of project funding, and, if necessary, a professional license. It is important to understand that this visa does not allow you to work as an employee.


Family reunification in Germany after Paragraph 24


Another way to legalize your stay in Germany for a longer period is to exercise the right to family reunification. This method is available to Ukrainians who are relatives of German citizens or citizens of other countries with permanent residence in Germany. The conditions and requirements for applicants will vary depending on the degree of kinship of the family members and the grounds for family reunification. As a rule, the permit is granted to the closest family members: spouse, minor children and guardians. In some cases, family reunification with minor siblings or other family members is allowed. However, it is often very difficult to obtain such a visa.


💡Do you need professional help?


If you do not know which option to choose and where to start preparing documents, contact Visit Ukraine lawyers. Our experienced lawyers will provide comprehensive advice, answer all your questions and provide full support in obtaining a residence permit or visa. Make an appointment for a consultation via WhatsAppTelegram or through the form on the website. Our specialists will help you choose the best residence permit option and accompany you at all stages of its processing.


We remind you! Given the difficult situation faced by Ukrainian citizens who have left for Germany due to the hostilities, the German government has prepared a bill that provides additional time and opportunities for Ukrainians. Read more about the draft law proposing an extension of the Aufenthaltssübergangsverordnung in our previous article.


Photo: Pexels


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Frequantly

asked questions

What are the grounds for obtaining a residence permit in Germany?

The main grounds for obtaining a residence permit in Germany: 1) Family reunification. 2) Work in Germany. 3) Studying in the country. 4) Medical treatment, if it takes more time to receive medical services in Germany than a national visa allows. 5) Special political and humanitarian reasons.

When will the validity of paragraph 24 expire in Germany?

Who cannot be granted a residence permit in Germany?

What is the difference between ASYL and Section 24 in Germany?

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