425 views

Dear wefugees,

I'm citizen of Ukraine and crossed the border on 22Feb2022 with Poland just using my biometric before war in Ukraine. As I had already contract with German Employer and has all the requirements for Blue card application I came to Munich and applied to blue card online to Immigration office in Munich on 05Mar2022: I received an answer that my case will be reviewed for up to 8 weeks. I have several questions:

1. Should I register as newcomer from Ukraine here at ukraine.regierung-oberbayern@reg-ob.bayern.de?

2. Is submission for blue card give me an opportunity to stay in Germany over 90 days until the decision of Immigration office (as I have entered EU without visa by biometric passport for less then 90 days)?

3. Can I receive some medical insurance until my case in being reviewed for that 8 weeks?

4. As far as I know refugees cannot receive the blue card. Does it mean if I register for the line of newcomers from Ukraine of receive some help (white sheet for doctor help for example) I will not have a right to receive a blue card?

Thank you very much for help and advice in advance,

Kind regards

asked Mar 11, 2022 in Legal advice by Redevill84 | 425 views

Please log in or register to answer this question.

1 Answer

+2 votes

Thank you very much for your questions! Unfortunately, the questions seem to me to be too complex to be answered conclusively here. I would therefore recommend that you contact a local advice center or lawyer in your area. A list of possible counseling centers in Munich can be found below.

However, here is some general legal information that is relevant in your case: 

1. according to § 81 Abs. 3 S. 1 AufenthG, the stay of a foreigner who is lawfully in the federal territory without possessing a residence title (this includes Ukrainian nationals who entered without a visa) is considered permitted until the decision of the foreigners authority on an application for a residence permit submitted by him.

2. In principle, it is necessary for the issuance of a residence permit that the applicant person has entered with the correct visa. This means that the applicant person who is already in Germany usually has to go through the visa procedure one more time. However, according to the notification of the Federal Ministry of the Interior dated 24.02.2022, it is currently not reasonable for Ukrainian nationals to go through the visa procedure (see https://***.nds-fluerat.org/52245/aktuelles/ukraine-bmi-mitteilung-an-die-bundeslaender/ ). This means that Ukrainian nationals who are already in Germany should be granted a residence permit without having to leave the country beforehand if the other requirements for the granting of the residence permit are met.

We are sorry that we cannot give a better answer and are at your disposal for further questions.

Kind regards, Saskia

Free migration law counseling centers in Munich:

  1. Refugee Law Clinics München (****://rlcm.de/index.php/ich-brauche-hilfe/sprechstunde/).
  2. Rechtshilfe München e.V. (****://***.rechtshilfe-muenchen.de/#:~:text=Die%20Erstberatung%20in%20Aufenthalt%2D%20und,Formular%20Link%20unten ).
answered Mar 12, 2022 by Saskia Wefugees
mbeon App

Confidential one-on-one consultations via App

For confidential one-on-one consultations in a secure virtual space, we work with mbeon. You can download the mbeon app free of charge from the App Store or Google Play Store and have private conversations with mbeon consultants there:

Link for iPhone
Link for Android

Welcome to Wefugees, where you can ask questions and receive answers from other members of the community.
5,183 questions
6,168 answers
8,058 comments
139,156 users