In Germany, travel restrictions have been imposed on men of draft age: does this apply to Ukrainians with a residence permit?

New rules for leaving Germany have sparked widespread concern among Ukrainians, but most of these fears have turned out to be overblown. Let’s take a closer look at who these changes actually affect and how the law works. Find out what this means

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There is active discussion in the media about the news that new regulations have come into effect in Germany restricting travel abroad for men of draft age. The Berliner Zeitung reports on these changes. Against the backdrop of these reports, understandable anxiety has arisen among Ukrainians living in Germany with temporary protection status or a residence permit.

Does Germany’s new military service law apply to Ukrainians with a residence permit?

Military service in Germany, as in the vast majority of countries worldwide, is inextricably linked to citizenship. Neither German military service law nor the new registration rules apply to foreigners.

Regardless of whether you are in Germany under Section 24 (temporary protection status), on a work visa, a student residence permit, or an EU Blue Card, you remain a citizen of Ukraine under the law. Therefore, the only entry and exit rules that apply to you are those dictated by the terms of your residence permit and general immigration law. Ukrainians do not need to obtain any permits from German military authorities to leave the country.

New rules for men leaving Germany in 2024

The requirement that has stirred up public debate came into effect back in January of this year as part of the law on the modernization of military service. As the Berliner Zeitung notes, although this rule raises many questions among Germans themselves, the change went by virtually unnoticed.

The essence of the new rule is that all German men aged 17 to 45 are now required to obtain special permission if they intend to leave the country for a period exceeding three months. The Bundeswehr Career Center—a specialized agency responsible for military conscription and contract recruitment—issues these documents. Permission must be obtained regardless of the reason a German citizen plans to take a long trip.

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Changes to Germany’s Mobilization Law: How It Was Before and How It Is Now

To understand the scope of the changes, it is worth looking at the previous version of Germany’s Military Service Act. It previously contained a provision requiring those subject to military service to obtain permission for extended stays abroad. However, this provision was activated only in two extreme cases: during a “state of tension” due to an increased external threat, or during a “state of defense” if the country’s territory had come under armed attack.

In the new law, the provision requiring permission was retained, but the conditions for its application were completely removed. This means that the rule now applies on a permanent basis, even in peacetime.

Why the Bundeswehr Introduced Permits for Travel Abroad

The German Defense Ministry confirms the new rules but explains them not as preparation for immediate mobilization, but rather as a bureaucratic necessity. The Bundeswehr’s main motive is to create a reliable and comprehensive military registry.

It is important for the military to know exactly which potential conscripts might be abroad for an extended period in the event of an emergency.

At the same time, the law currently contains a number of legal inconsistencies. The document in question stipulates that exit permits must be issued in any case, meaning there are simply no legal grounds for refusal. Furthermore, the Bundeswehr is currently unable to specify what consequences a German citizen would face if they leave the country without obtaining this certificate. The agency is currently working on establishing more specific rules for granting exceptions to avoid unnecessary bureaucracy.

Reform of the German Army and the Possible Return of Conscription

This requirement regarding travel abroad is only a small part of a large-scale reform of the German Armed Forces. Against the backdrop of the changing security situation, the German government intends to significantly increase the size of the army from the current level of 184,000 personnel (including reservists) to 255,000.

As part of these plans, there is also discussion of a possible return to nationwide conscription of all young men; however, this initiative is still in the planning stage and will be implemented at a later date. In any case, the reform of the Bundeswehr is an exclusively internal process in Germany aimed at assessing its own resources, which in no way affects the rights and freedoms of Ukrainian refugees.

If you have questions regarding legalization or changing your status, it is advisable to seek professional assistance in advance. Through Visit Ukraine, immigration lawyers are available to help Ukrainians prepare documents and navigate the new rules in various EU countries.

Reminder! The high-profile murder of a TCC employee in Lviv became a turning point in the discussion of mobilization in Ukraine. The authorities urgently announced upcoming changes aimed at reducing conflicts and restoring balance between regions. Find out what reforms are being prepared and what will change for those subject to military service.

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