Thanks for your question. Regarding family reunification to people from Ukraine who are now resident in Germany under paragraph 24 of the immigration law, there are two aspects to consider:
1. Does the person wishing to come to Germany have their own entitlement to a residency permit under paragraph 24?
According to the European Union decision regarding temporary protection for Ukrainians, family members of Ukrainians are also entitled to a permit:
'in so far as the family was already present and residing in Ukraine before 24 February 2022'
(Article 2, section 4)
On first view, this would exclude you from an entitlement to paragraph 24, as you were not resident in Ukraine. There is an additional document from the German Ministry of the Interior which provides more detail on how the EU decision is to be applied. In this they make reference to the family having existed in Ukraine, rather than all family members.
In my opinion this leaves open a small room of discretion for the authorities for a person in your situation. One could argue that the family relationship existed in the Ukraine, even if all family members were not resident there. However, if such an interpretation is possible, it will be necessary to provide significant documentation (in addition to the marriage certificate) of the relationship. You would be expected to provide a thorough account of these questions and provide supporting documentation (e.g. photos, records of chats and calls between you and wife):
- Length of relationship, how and where you met, how often you met and where.
- Why you are currently resident in Egypt? If there a specific reason you have to be there, e.g. completing studies?
- Were you and your wife planning to live together in the Ukraine?
If you wish to take this option, you need to apply for an appointment with the German Embassy in Cairo in order to apply for a visa to allow you to enter Germany as a beneficiary of temporary protection. This is not a visa for family reunification. As this is not a standard procedure, it is best to contact the embassy and describe your situation in detail.
2. Does the person wishing to come to Germany have an entitlement to come as a family member of someone with paragraph 24?
If you are not entitled to temporary protection, then you can consider a visa for family reunification with a person who has temporary protection.
This is covered by paragraph 29, section 4 of the immigration law. According to this, a family member can only receive a visa if:
‘the family unit in the country of origin has been broken up as a result of the foreigner having fled said country’.
As this is not the case in your situation, such a visa is not possible.
I hope the above provides some clarity, apologies that it is so complicated. This permit paragraph 24 is being applied for the first time so it is all new. The above is based only on my interpretation on the rules and not from direct experience. Perhaps others have a different view.