Ukrainians with Section 24 Residence Permits: Options for Switching Residence Titles

The residence title under Section 24 of the AufenthG implements the EU directive on temporary protection for displaced persons from 4 March 2022 (Directive 2001/55/EC). The aim was to quickly grant protection in the European Union to people from Ukraine through a simplified procedure.

The Section 24 AufenthG title is not a standard residence title for a specific purpose (such as education or employment). It serves exclusively for the temporary protection of displaced persons. While it permits taking up employment and receiving social benefits, it is time-limited and not designed for permanent settlement. In particular, it does not provide direct access to a settlement permit or naturalization.

The duration of protection under Section 24 of the AufenthG depends on a decision by the Council of the European Union, which regularly (annually) determines the duration of temporary protection. This decision must then be implemented in Germany through a corresponding ordinance.

Most recently, protection was extended in Germany until 4 March 2027 through the Transitional and Continuation Ordinance.

A residence title can be switched without leaving the country if:

• A lawful residence already exists (e.g., Section 24 AufenthG)
• The application is submitted before the current title expires
• The requirements for the new title are met
• No statutory visa requirement exists (Section 39 AufenthV)

If the application is submitted in time, the so-called fiction effect applies (Section 81 para. 4 AufenthG): the previous residence permit is deemed to continue until the immigration authority makes a decision. If the application is submitted too late or the title has already expired, a visa procedure from abroad is generally required.

Currently, temporary protection covers, among others:

• Ukrainian nationals and their family members who had their habitual residence in Ukraine before 24 February 2022
• Non-Ukrainian third-country nationals who held international or equivalent national protection in Ukraine before 24 February 2022
• Stateless persons or third-country nationals with an unlimited Ukrainian residence title who were lawfully in Ukraine on 24 February 2022
• Persons who only established their habitual residence in Ukraine after 24 February 2022 or who only came to Germany much later (e.g., in 2026) for other reasons may not be covered in some circumstances

This residence title grants holders:

• Lawful residence in Germany,
• Access to the labor market,
• Entitlement to social benefits and medical care,
• Access to integration and support services,
• Simplified family reunification, without proof of secured subsistence or adequate housing.

Section 24 AufenthG thus offers a simplified start in Germany but does not replace a long-term residence perspective.

Since the protection status is time-limited, many Ukrainians and other persons entitled to protection under Section 24 of the AufenthG are currently asking themselves how they can secure their future in Germany in the long term. Switching to another residence title makes particular sense for future career prospects, naturalization, or obtaining a settlement permit in Germany.

However, switching residence titles is generally only possible and advisable if the requirements for the new residence title are met, the Section 24 AufenthG residence title is still valid (or a fiction certificate exists), and the application is submitted to the immigration authorities in time.

Which residence title comes into question depends on the individual circumstances of the applicant (professional qualifications, income, etc.) and should be carefully examined beforehand.

In practice, the following residence titles are particularly frequently sought for switching:

These residence titles are aimed at skilled workers with recognized vocational training or university degrees and offer the advantage that a settlement permit may be granted after at least 24 months.

If applicants meet all requirements, there is even a statutory entitlement to be granted the permit – the decision is then no longer at the authority’s discretion.

The requirements include:

• A recognized or equivalent vocational or university degree
• An employment contract or concrete job offer
• Approval from the Federal Employment Agency
• Secured means of subsistence (with no fixed minimum salary threshold)
• (Only for skilled workers aged 45 and over) an additional minimum income or pension provision
• Language skills are not legally mandatory, but are often required by employers

For applicants, recognition of foreign qualifications often presents an obstacle. However, various recognition bodies and information services are available online. For example, the federal government’s information portal on the recognition of professional qualifications provides comprehensive information. The information tool is available in both German and English. The Chamber of Commerce and Industry (IHK) also offers valuable information and the option of a free consultation appointment. Further information can be found, for example, on the IHK Cologne homepage on the recognition of foreign vocational qualifications. The Central Office for Foreign Education (ZAB) of the Standing Conference of Ministers of Education and Cultural Affairs can provide specific information and guidance on recognition and even offers some assistance in Ukrainian.

The EU Blue Card is particularly attractive for highly qualified, skilled workers from non-EU countries (third countries) who wish to work in Germany. However, switching for holders of Section 24 AufenthG is legally excluded. There may be exceptional possibilities to apply directly from Germany. One option is to submit the application for a Blue Card when the requirements are met and waive the granted temporary protection status under Section 24 AufenthG, so that the Blue Card can be issued. Many immigration authorities in Germany choose this route to avoid otherwise undesirable outcomes.

Residence titles under Section 16b AufenthG generally do not apply to Ukrainian nationals and third-country nationals with a Section 24 AufenthG protection status. However, it is possible to circumvent this through re-entry. In some circumstances, an appropriate arrangement can also be found with the relevant immigration authority.

Section 16b AufenthG comes into question when the following requirements are met:

• Secured means of subsistence
• Health insurance
• University admission

Self-employment or freelance activity can also be the basis for a residence title, for example, for artists, architects, interpreters, or IT freelancers.

Requirements include:

• Economic interest or regional need
• Positive economic impact
• Secured financing
• Secured means of subsistence

The title is initially time-limited but also offers the possibility of a later settlement permit.

Failure when switching residence titles can be avoided, particularly by ensuring the application for the (new) residence title is submitted in time. It is also important to ensure the correct title is chosen and that its requirements are fully met. All necessary documents should be compiled and carefully reviewed in advance.

Overall, while the Section 24 AufenthG residence title provides the essential humanitarian protection from the war in Ukraine, it does not offer promising prospects for permanent residence in Germany. Switching to another residence title can therefore be a sensible step towards long-term residence in Germany for many Section 24 AufenthG title holders.

Schlun & Elseven Rechtsanwälte can support you with the following legal services for switching residence titles:

We examine whether switching from Section 24 AufenthG while in Germany is legally possible in your situation and advise you strategically on which switch is suitable for you personally (Sections 18, 18g, 21, 16b, 16a AufenthG).

We also offer comprehensive legal support throughout the application process, including:

• Examination of specific requirements: contract, salary, qualifications, means of subsistence
• Preparation and compilation of all application documents
• Communication with the immigration authorities
• Enforcement in cases of delay or inaction by authorities
• Advice on settlement permits and long-term prospects

We will naturally also represent you in the event of rejection, through appeals, interim legal protection, or litigation.