As a Turkish citizen with a temporary residence permit in Ukraine, how can I get a residence permit §24 in Germany?

Question

Hello I was living Ukraine by my self since 2015 untill the war broke then I came to Germany Cologne 3 months ago I did my registration biyometrik shot and finger print. So here's my problem I am Turkish citizen with legal living permit in Ukraine and when I went to auslaenderamt in Cologne they keep saying I can't get living and working permit in Germany on 24 p . The reason they says I have temporary permit in Ukraine. When I ask for official rejection they don't want to give it so they not progress my application and not rejecting. So what I need to do in this situation.
PS: I have 6 difrent friend in Germany in different place they all got the permit without problem.

Comments

Dear @Techies_m, welcome to Wefugees and thank you for reaching out to us. I will link our dear colleagues @mbeon-Gabriele and @mbeon-Éanna here. Maybe they can have a **** at your question and help you with an answer. Best wishes, Julia.

Answer 1

Hi @Techies_m,

When you registered with the immigration autrhorities (Ausländeramt), did they issue you with a document (called a Fiktionsbescheinigung) confirming you have applied for paragraph 24? If you have this document, you are entitled to work and get financial assistance from the welfare office (Jobcenter).

The Ausländeramt is obliged to process your application and assess whether you are entitled to a permit according to paragraph 24. If you had a temporary residence permit for the Ukraine, then you are entitled to a permit in Germany if you cannot safely permanently return to Turkey. The Ausländeramt has to examine your inidividual case and you have the opportunity to present any evidence as to why such a return is for you not possible. The office should then give you a written decision. If they refuse to issue you with a permit, you can appeal this decision.

If the office refuges to process your application, then there is the option after three months of inaction to lodge a lawsuit (Untätigkeitsklage). For immediate action an emergency appeal (Eilantrag) can be made with the local administrative court. However, for both of these options you would first need legal advice as to the potential success of such an action.

As for your friends, are they all non-Ukrainians who lived in Ukraine with a temporary residence permit there? And have they all been issued with a reisdence permit (in a credit card type format) or the paper called a Fiktionsbescheinigung?

Here is some additional information:

https://handbookgermany.de/de/ukraine-info/en/aufenthalt-drittstaatsangehoerige.html

Kind regards,

Éanna

Comments

Thank you very much, @mbeon-Éanna!

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Well when I am going to auslaenderamt they don't want start my progress . They don't want give me Fiktionsbescheinigung. And they also not giving any official rejection  that's the problem.

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I'm sorry to hear that. Which office took the biometric information from you? Authorities are only allowed take this information in certain circumstances. One example is for those applying for temporary protection according to paragraph 24. Therefore, if they have taken this information from you they need to explain why they hae done so. Here is the releant legal text (in German):

https://***.gesetze-im-internet.de/aufenthg_2004/__49.html

I recommend you contact an organisation in Cologne to either contact the Ausländeramt on your behalf or accompany you there. They can specifically ask on which grounds biometric data was taken if no application is being accepted.

Here are examples of organisations in Cologne:

Caritas

https://***-caritas--koeln-de.translate.goog/hilfe-beratung/fluechtlinge-einwandernde/beratung/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Diakonie

https://***-diakonie--koeln-de.translate.goog/angebote/migration/fluechtlingsberatung/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Cologne Refugee Council

https://***-koelner--fluechtlingsrat-de.translate.goog/beratungsstellen/unabhaengige_beratungsstelle_fr_flchtlinge?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

If the matter cannot be swiftly resolved, then another option would be to make an application in writing for paragrpah 24, with reference to the EU regulations and guidelines of the Interior Ministry, detailing your own circumstances and mentioning that your biometric data has been taken. This letter should be written by someone who speaks German and either brought in person to them or sent via fax or registered post.

But I advise to first try to resolve it with the help of a local organisation as this should be quicker. The Ausländeramt are obliged by law to process your application.

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Yeah I gave biometrics  finger print photos they took everything .

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Then they need to explain on what legal grounds they took this data from you, as well on what legal basis they refuse to accept an application for paragraph 24. As I wrote above, I encourage you to get help from one of the organisations I referred to.