UPDATES
EU 2001/55/EC
TEMPORARY PROTECTION DIRECTIVE
stand 20.02.2025
2025
Disclaimer: This information has been prepared for people under the juristiction of the office of Immigration in Berlin, Gemrany. Processing in other German states may differ. Please contact local organisation information specific to your region.
What is the EU Temporary Protection Directive?
( EU 2001/55/EC)
The Temporary Protection Directive is an EU Law.
The purpose of this Directive is to establish minimum standards for giving temporary protection in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin and to promote a balance of effort between Member States in receiving and bearing the consequences of receiving such persons.
The EU Temporary Protection Directive (Directive 2001/55/EC) allows EU Member States to move swiftly to offer protection and rights to people in urgent need of assistance, while also preventing national asylum systems from becoming overwhelmed during mass arrivals of displaced persons.
Source: Think Tank Europea Parliament, EU 2001/55/EC
Who is Eligible for EU Temporary Protection?
Enacted on 04.03.2022, the EU 2001/55/EC sets minimum protection standards for the following people displaced as a result of Russian’s full-scale invasion of Ukraine:
Article 2
The persons to whom the temporary protection applies
1. This Decision applies to the following categories of persons displaced from Ukraine on or after 24 February 2022, as a result of the military invasion by Russian armed forces that began on that date:
(a) Ukrainian nationals residing in Ukraine before 24 February 2022;
(b) stateless persons, and nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022; and,
(c) family members of the persons referred to in points (a) and (b).
2. Member States shall apply either this Decision or adequate protection under their national law, in respect of stateless persons, and nationals of third countries other than Ukraine, who can prove that they were legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return in safe and durable conditions to their country or region of origin.
3. In accordance with Article 7 of Directive 2001/55/EC, Member States may also apply this Decision to other persons, including to stateless persons and to nationals of third countries other than Ukraine, who were residing legally in Ukraine and who are unable to return in safe and durable conditions to their country or region of origin.
4. For the purposes of paragraph 1, point (c), the following persons shall be considered to be part of a family, in so far as the family was already present and residing in Ukraine before 24 February 2022:
(a) the spouse of a person referred to in paragraph 1, point (a) or (b), or the unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its national law relating to aliens;
(b) the minor unmarried children of a person referred to in paragraph 1, point (a) or (b), or of his or her spouse, without distinction as to whether they were born in or out wedlock or adopted;
(c) other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx of displaced persons, and who were wholly or mainly dependent on a person referred to in paragraph 1, point (a) or (b) at the time.
GERMANY
Who can receive temporary protection in Germany?
(or §24 Residency Act in accordance with EU 2001/55/EC)
On 30.05.2024, Dr. Burbaum from the BMI provided supplementary guidance on certain key points essential for implementation, based on the BMI Circular dated September 5, 2022.
These guidelines reflect the legal opinion of the Federal Ministry of the Interior and Community but do not constitute binding general administrative regulations within the meaning of Article 84(2) of the Basic Law (GG):
1. Eligible Persons under Article 2(1) of the Implementing Decision
According to Article 2(1) of the Implementing Decision, temporary protection applies to the following persons:
a) Ukrainian nationals who resided in Ukraine before February 24, 2022,
b) Stateless persons and nationals of third countries other than Ukraine who, before February 24, 2022, had been granted international protection or an equivalent form of national protection in Ukraine, and
c) Family members of the persons mentioned in (a) and (b).
These individuals are eligible for protection if they fled Ukraine on or after February 24, 2022, as a result of the military invasion by Russian forces that began on that day (see also section 5). In the absence of clear indications to the contrary, it is generally assumed that all persons listed under (a) to (c) fled due to the war without requiring further verification. Eligible persons under this provision also include unaccompanied minor war refugees who have entered the country, as determined by the competent youth welfare offices.
Persons entitled to freedom of movement under the Freedom of Movement Act/EU are not covered by this protection, meaning that individuals who hold a second nationality of an EU member state are excluded. The Implementing Decision, like the directive itself, explicitly applies only to "third-country nationals" and Ukrainian nationals or "nationals of third countries other than Ukraine." EU citizens are therefore excluded. Holding an additional nationality does not classify them as "third-country nationals." Within the EU, Union citizenship effectively overrides other nationalities as an independent legal status.
1. a) Proof of Ukrainian nationality should, in most cases, be provided through a passport (with or without biometric features) or a passport substitute. Additionally, other accompanying documents, particularly identity cards, may serve as evidence of the person's nationality when considered collectively.
1. b) This refers to protection under the Geneva Refugee Convention or protection comparable to subsidiary protection as defined in Directive 2011/95/EU, as well as an equivalent form of national protection. The presentation of a Ukrainian refugee travel document or a travel document for persons granted complementary protection is considered sufficient proof of protected status. Additional verification options will be communicated as soon as they become available.
1. c) The following individuals are considered family members, provided that the family existed in Ukraine at the time of the circumstances triggering temporary protection:
The spouse of a person mentioned in (a) or (b), or their unmarried partner who was in a long-term relationship with them.
The minor, unmarried children of a person mentioned in (a) or (b), or of their spouse or unmarried partner, regardless of whether they were born in or out of wedlock or adopted.
Other close relatives who, at the time of the circumstances triggering mass displacement, lived within the family unit and were entirely or largely dependent on a person mentioned in (a) or (b).
Source: BMI Circular, 30 May 2024
Family members covered under Article 2(1)(c)
Family members covered under Article 2(1)(c) of the Implementing Decision are entitled to a residence permit under Section 24 of the German Residence Act (AufenthG) in their own right based on the Implementing Decision. The persons mentioned in (a) and (b) do not need to be present in Germany for this right to apply. This is not considered a case of family reunification. Family reunification for individuals holding a residence permit under Section 24 AufenthG follows the provisions of Section 29(4) AufenthG (see also section 6).
1. c (1): The status of a spouse is determined based on German residence law, which has already been aligned with uniform EU regulations and implements Directive 2003/86/EC (the so-called Family Reunification Directive). Therefore, the principles of Section 30(4) AufenthG apply.
Unmarried partners (including same-sex partners) in a long-term relationship are considered life partners under Section 1(2) No. 4(c) of the Freedom of Movement Act/EU. For the definition of this group, see section 3.1.5.3 of the BMI’s implementation guidelines for adapting the Freedom of Movement Act/EU and other laws to EU regulations (Version 1.0, January 22, 2021), available at:
Link to BMI guidelines
It is generally assumed that unmarried partners intended to continue their long-term cohabitation upon arriving in Germany. However, given the specific nature of forced displacement, this assumption can be rebutted in individual cases. When assessing individual cases, special consideration should be given to the particular housing situations resulting from the displacement. Any reasonable gaps in documentation caused by displacement should be taken into account in favor of the affected individuals if their statements are coherent.
1. c (2): The group of affected individuals is also determined by the general residence law provisions in Germany.
1. c (3): Close Relatives
"Close relatives" must have:
Lived within the family unit at the time of the circumstances triggering temporary protection, i.e., on February 24, 2022, and
Been fully or largely dependent on a person mentioned in (a) or (b) at that time.
A short-term absence from the family unit on the reference date (e.g., due to vacation or other personal/professional reasons) does not affect eligibility, as long as the family was fundamentally living together at that time. The required dependency may be financial or factual. Based on the criteria applied under the Freedom of Movement Act/EU (FreizügG/EU), the following should be considered sufficient:
Non-temporary financial support provided on or shortly before February 24, 2022, or
Personal care provided by the person mentioned in (a) or (b) (hereafter referred to as the "reference person").
Personal care includes cases where the reference person provided home care due to physical or mental health impairments. It is not necessary for the reference person to have provided full-time care; it is sufficient if they organized the care or covered its costs, provided there was a reason for the care to be given in close proximity to the reference person, particularly due to the psychological need for their presence.
Under this definition, "close relatives" will generally include children who were still minors on the reference date but had reached adulthood by the time of the application.
Source: BMI Circular, 30 May 2024
Special Case: Minor Ukrainian Child with a Non-Ukrainian Parent
If a minor child with Ukrainian nationality is residing in Germany with their non-Ukrainian third-country national parent who has parental custody (for example, because the other Ukrainian parent is unable to leave Ukraine or is deceased), and this parent does not automatically fall under categories (a) or (b) but holds a permanent Ukrainian residence permit, the following considerations apply:
For non-Ukrainian third-country nationals who hold a valid, permanent Ukrainian residence permit and are the parent of a Ukrainian minor, it should be presumed that this parent cannot safely and permanently return to their country of origin. Given their previous family life in Ukraine, their parental custody, and the need to protect the child’s well-being, it should generally be assumed that this parent has a closer connection to Ukraine than to their country of origin. As a result, Ukraine should be considered the true home of the family, including the non-Ukrainian parent.
Source: BMI Circular, 30.May 2024
Countries Where Safe and Permanent Return Is Not Assumed
Based on the above criteria, a safe and permanent return cannot generally be assumed at present for nationals of:
Eritrea
Syria
Afghanistan
This does not constitute a general statement on the possibility of return or deportation outside of this sui generis assessment.
For nationals of other third countries, no general conclusion can be drawn regarding the possibility of a safe and permanent return. Each case must be individually assessed (see page 6, second paragraph of the guidelines).
Source: BMI Circular, 30 May 2024
Other [Displaced] Non-Ukrainian Third-Country Nationals under Article 2(3) of the Implementing Decision
** Relevant Changes as of 13.06.2024
The Federal Ministry of the Interior (BMI) has decided that only those individuals who are legally entitled to temporary or other forms of national protection under European law should be granted facilitated entry and residence.
As a result, the discretionary authority granted under Article 2(3) of the Implementing Decision is exercised in a way that:
Stateless persons and
Non-Ukrainian third-country nationals without a protection status or a proven permanent residence permit in Ukraine
will no longer receive temporary protection under § 24 AufenthG.
Thus, starting from June 5, 2024, residence permits under § 24 AufenthG will no longer be granted or extended for the above-mentioned individuals under Article 2(3) of the Implementing Decision.
A temporary residence permit in Ukraine, as defined in Article 2(3) of the Implementing Decision, can be recognized by the immigration authorities through a Ukrainian temporary residence permit matching the attached sample document.
For this group, if switching to another type of residence permit (e.g., for employment or education) is not an option, they must be referred to the asylum procedure.
If a case is still pending and the BAMF has not yet conducted its sui generis assessment, it must be clarified whether a formal request for an assessment under § 72(2) AufenthG is necessary or can be waived.
Source: BMI Circular, 30 May 2024
BERLIN
Residency Permit Holders under §24 Residency Act
( or Persons with EU Temporary Protection under EU 2001/55/EC)
If you have fled Ukraine and currently have or qualify for protection under EU law, you have options when it comes to your residence permit in Germany.
You are not limited to § 24 AufenthG (the temporary protection residence permit). If you meet the requirements, you can apply for a different type of residence permit instead, such as one for work, study, or other legal grounds. You can also apply for multiple permits at the same time. The immigration office should inform you about these options.
Some alternative residence permits you can apply for include permits for:
Studying or vocational training
Employment or skilled work
Research or self-employment
You do not need to go to a German embassy in Ukraine to apply for a visa first.
If you already have a § 24 AufenthG permit, you can still switch to another residence permit later if you meet the requirements. However, switching may come with different conditions, such as:
Proving that you can support yourself financially
Different rules for financial aid (such as BAföG for students)
Restrictions on where you can live
Different rules for family reunification
Some residence permits cannot be granted if you already have § 24 AufenthG—for example, certain study, research, or work permits have additional legal restrictions. If you want to switch, it's best to check with the immigration office early to understand your options.
Options vary depending on your nationality or residency status.
Fictional Certificate Holders
( or Persons with Alternative Protection in accordance with §24 Residency Act)
Fictional Certificate Holders in accordance with §24 AufenthG do not have temporary protection in accordance with EU 2001/55/EC but rather an adequate protection offered under German national law in accordance with Article 2 (2) COUNCIL IMPLEMENTING DECISION (EU) 2022/382.
Member States shall apply either this Decision or adequate protection under their national law, in respect of stateless persons, and nationals of third countries other than Ukraine, who can prove that they were legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return in safe and durable conditions to their country or region of origin.
If you have fled Ukraine and currently hold a fictional certificate in accordance with §24 AufenthG, please be advised that:
As of 04.03.2025 many non-Ukrainian third country nationals from Ukraine will be excluded from Temporary Protection Directive under EU 2001/55/EC.
The Federal Republic of Germany is exercising its discretion granted under Art. 2 Para. 3 of the Council Implementing Decision [(EU)2022/382] in such a way that non-Ukrainian third-country nationals without protection status or proven permanent right of residence in Ukraine can no longer materially receive temporary protection under § 24 [AufenthG], unless additional circumstances apply. This change in legal interpretation took effect from 05.06.2024.
Additional circumstances may include belonging to one of the following groups:
a.) Ukrainian nationals who were residing in Ukraine before February 24, 2022,
b.) Stateless persons and nationals of other third countries (other than Ukraine) who had enjoyed international protection or equivalent national protection in Ukraine before February 24, 2022, and
c.) Family members of the persons mentioned in points a and b.
According to Article 2(1) of the Council Implementing Decision (2022/382), temporary protection applies to the individuals listed above.
Alternative Residency Options
Work-Related Residency Permits
§18 AufenthG, Skilled Work
Here are the requirements:
Employment contract or concrete job offer (Employment in Germany)
Approval from the Federal Employment Agency
Professional licence (sometimes a licence is required to practise a profession e.g. nursing)
Equivalence of the qualification (German professional qualification minimum two years of training, or an equivalent recognized foreign professional qualification.
Adequate pension provision (only if you have already reached the age of 45)
Main residence in Berlin
Tenancy agreement and landlord's confirmation of moving in
Health insurance
19c3 AufenthG, Work Permit
The Berlin Office of Immigration is encouraging non-Ukrainian third-country nationals with fictional certificate holders who have been working for 6 months or longer.
Here are the requirements:
Secured livelihood: As of 01.01.2024 - Amount of your housing payments plus extra 563 Euro for a single person
Sufficient health insurance
Registration of main residence in Berlin
Tenancy agreement or Rental Lease (used to prove residence location and cost of housing)
A1 German (requirement reduced for non-Ukrainian third-country nationals)
Work contract
6 months payslips (6 months with an employer based in Berlin or Brandenburg with social security contributions)
Education-Related Residency Permits
The German national government has allowed for in-country residency applications for non-Ukrainian third-country nationals for the following residence permits:
§16A AufenthG, Vocational Training
Here are the requirements:
Proof of training e.g. training contract
Approval from the Federal Employment Agency
Secured livelihood: 959.00 euros per month, i.e. 11,508.00 euros per year (BAföG 2025). (Secondary employment of max. 20 hours per week permitted)
Sufficient health insurance
Registration of main residence in Berlin
Tenancy agreement and landlord's confirmation of moving in
§16B AufenthG, Study Residency Visa
Here are the requirements:
Proof of study place (also with preparatory college or language course as a prerequisite)
Secured livelihood: 992.00 euros per month, i.e. 11,904.00 euros per year (BAföG 2025). (140 full working days per calendar year permitted)
Sufficient health insurance
Registration of main residence in Berlin
Tenancy agreement and landlord's confirmation of moving in
§16F AufenthG, Language Residency Permit (Max duration: 1 Year)
Here are the requirements:
Proof of intensive language course (at least 18 lesson-hours per week)
Secured livelihood: 1.091,20 euros per month, i.e. 13,094.40 euros per year (BAföG2025). (Secondary employment of max. 20 hours per week permitted)
Sufficient health insurance
Registration of main residence in Berlin
Tenancy agreement and landlord's confirmation of moving in
Humanitarian Residence Permit
If none of the residence permits listed above are an option for you, you may be able to apply for a humanitarian residence permit through the Hardship Commission. For more information, please make an appointment with one of the following consultation centers for the Hardship Commission.
The Berlin Hardship Commission is composed according to § 2 HFKV and includes one representative each from:
The Protestant Church
The Roman Catholic Church
The Senate Department responsible for women's policy
The Commissioner for Integration and Migration of the Berlin Senate
The members of the Hardship Commission and their deputies, who have expertise in residence and asylum law as well as experience in migration and refugee counseling, are appointed by the respective organizations. A current overview of the commission members, their deputies, and their contact details can be found in the Hardship Commission’s information sheet.
More contact information under: http://www.fluechtlingsinfo-berlin.de/fr/gesetzgebung/Info_HFK_Berlin.pdf
Source: www.berlin.de
Please note that this is not a complete list of residency options available to you. For more information, please seek legal support from a migration lawyer or consultation through organisations providing legal consultation on migration law.