How to renounce the status of UKR in Poland and get asylum in Germany - Visit Ukraine lawyers explain

Many Ukrainians who have been granted temporary protection in Poland consider moving to Germany for better living conditions and social support. However, the process of relinquishing status in one country and obtaining asylum in another has its own nuances. Find out more about the procedure, risks and important steps for a successful relocation on the example of a real request received by the VU team of lawyers

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Refusal of temporary protection in Poland and asylum in Germany - legal advice from Visit Ukraine

Visit Ukraine's legal team provides professional support for Ukrainians seeking legalisation in various EU countries. One of the most common situations is the desire to renounce the status in one country and seek asylum in another.

In this article, we will look at how to renounce the status of a Ukrainian in Poland and obtain asylum in Germany.

Query: I came to Poland with my four children. I have UKR status. My husband (civil marriage) was abroad when the war broke out, so he does not have UKR status. Can my children and I give up our status and go to Germany together and take asylum there?

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Is it possible to withdraw from temporary protection in Poland and be granted asylum in Germany?

Yes, according to EU Directive 2001/55/EC, Ukrainians have the right to temporary protection in any EU country. You can voluntarily renounce your status in Poland and apply for asylum in Germany.

1. How to withdraw from temporary protection in Poland?

In order to renounce your status in Poland, you must:

- Apply to the Office for Foreigners (Urząd do Spraw Cudzoziemców) and submit an application for voluntary renunciation of your status. You can also apply at the Voivodeship Office (Urząd Wojewódzki) where you were issued your documents.

- Hand over all the documents you received (e.g. PESEL UKR, documents for social benefits).

- Receive an official confirmation of the refusal, which may be useful for submitting a new application in Germany.

Important! After the refusal, you will lose the right to financial support, social benefits and healthcare in Poland.

2. How to obtain temporary protection in Germany?

After moving to Germany, you can apply for temporary protection under the same EU Directive.

The procedure for obtaining status in Germany:

- Registration at a refugee reception centre (Aufnahmeeinrichtung). You need to apply to the reception centre in the federal state where you plan to reside. A list of centres can be found here.

- Applying for temporary protection. You will be granted a temporary residence permit (Fiktionsbescheinigung), which allows you to live and work in Germany.

- Documents required: passport of a citizen of Ukraine (yours and the children's), birth certificates of the children, a document renouncing your status in Poland (if any), documents confirming your relationship with your husband (if any).

Please note! Since your husband does not have a status in Poland, he can apply together with you without the need for an additional waiver.

3. What rights will you have in Germany after you have been granted residence?

- Financial support.

- Health insurance.

- Work permit.

- Access to education for children.

4. Are there any risks in relinquishing status and moving?

- Renouncing your status in Poland does not automatically guarantee you status in Germany, but Ukrainians are entitled to temporary protection in the EU.

- You should find a place of registration in Germany in advance and collect all the necessary documents.

5. Can I leave my status in Poland and temporarily stay in Germany?

Yes, Ukrainians with temporary protection in Poland can stay in Germany for up to 90 days without the need to leave the country, but they cannot apply for benefits until they are officially refused in Poland.

6. Recommendations of Visit Ukraine lawyers

- Before moving, contact the local migration services in Germany to clarify the details of registration.

- Obtain an official refusal in Poland to avoid dual status.

- Get preliminary advice from human rights organisations such as Caritas Polska or Diakonie Deutschland.

How can Visit Ukraine's lawyers help with temporary protection?

Visit Ukraine's legal team provides:

- Advice on collecting documents.

- Support in submitting an application to the migration service.

- Assistance in obtaining health insurance.

- Legal support during relocation and legalisation of stay.

Getting a consultation is as simple as possible:

1. Select the country (for which you want to get advice).

2. Choose the option of cooperation (written/oral consultation or support).

3. Fill in the form with your personal data.

4. Agree to the terms of the contract and pay for the service.

Visit Ukraine lawyers are a team of professionals who help Ukrainians solve complex issues of migration, legalisation and protection abroad.

Our experts analyse each situation in detail to find the best solution that meets your needs and the legal requirements of the host country. Whether you are looking for temporary protection, residence permit or legal support in the process of relocation, our lawyers will accompany you at every stage.

Request a consultation today and get professional help!

Just to remind you! Obtaining temporary protection in Bulgaria is an important step for Ukrainians looking for a safe place to live. The application procedure has its own peculiarities, and it is important to prepare in advance to avoid delays. Read more about the conditions for obtaining temporary protection in Bulgaria and the required documents here.

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