Hello,

I’m ukranian citizen and I have applied for asylum in Germany  in 2020, My application denied Month ago. I applied to the court immediately. Can I get permit residency soon? Should I wait result of court or should take back court application and stop asylum procedures as now ukranian citizen do not need apply asylum? If you could shortly enlighten me, I would appreciate it. Thanks.
asked Mar 6 in Asylum proceedings by slavaukraini

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1 Answer

+1 vote

Dear @slavaukraini,

Welcome to the Wefugees Community and thank you for reaching out to us!

I would highly recommend you to discuss the options carefully with your lawyer. I am not sure myself if you would be eligible for the "temporary protection" and a connected residence permit according to section 24 of the German Residence Act. It was just decided last week by the EU to implement the regulation for the temporary protection for people fleeing from Ukraine and we still need to see how it will be applied in Germany and "translated" into German regulations. I tried to summarize what we know so far about the implementation of the EU-resolution here. In your case, I am specifically a bit worried about the condition that eligible will be "Ukrainian citizens who resided in Ukraine before the 24th of February 2022". But I am not a lawyer and I can, unfortunately not give any profound information here. I read in a paper drafted by a lawyer, that he is recommending for people still in the appealing process after a declined asylum application to contact the court, maybe to offer to waive the oral court hearing or to partially limit the lawsuit (i.e. to ask for subsidiary protection) and with that speed up the process. However, I want to highlight again that it is absolutely essential to discuss these things with your lawyer first as potential decisions may not be reversible.

I hope this helps and all the best for you!

Meike

answered Mar 9 by Meike
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