With a perminent residence in Ukraine, I flew to Poland – Can I apply for a residence permit §24 in Germany?

Question

Hello, please tell me if I can apply for paragraph 24. 
I have permanent residence in Ukraine, I have been living there for 15 years, I graduated from school and university in Ukraine, I am officially employed in Ukraine. I am going with my girlfriend (citizen of Ukraine)
On the 16th of February I went on vacation and would not be able to return home due to the start of the war. I flew to Poland where I was told that the only option for me was to apply for asylum. I have already canceled the consideration of this issue, I did not receive any status, my case was only under consideration.
Now we want to come to Germany with my girlfriend, tell me if we can apply for paragraph 24?
Thanks

Comments

Hi @Ramil, welcome to Wefugees and thank you for reaching out to us. I will link our experts @mbeon-Ruth and @mbeon-Gabriele here. Maybe they can have a **** at your question and help you with an answer. Kind regards, Julia

Answer 1

Hi @Ramil, If you have not applied for temporary protection under paragraph 24 in another EU country, you can come to Germany and apply for it here. If you have cancelled your asylum application in Poland, what is your current residency status there? Have you been given any documentation from the Polish authorities as to whether you now live there visa-free or with another status? You need to be sure that you apply for temporary protection within your 90 days of visa-free stay in the EU. If you have a biometric passport, you are entitled to these 90 days and can use them to choose in which country you would like to apply for temporary protection. Best, Éanna

Comments

Here is a good source of information in English:

https://minor-kontor.de/residence-law-issues-for-people-from-ukraine-in-germany/

Answer 2

Hello Ramil,
how nice that you turned to wefugees with your question.
For people who have fled Ukraine, the EU's mass influx directive applies. It is intended to ensure immediate and collective protection and to relieve the asylum systems in the countries of the EU. It applies to Ukrainians, to family members, to people with Ukrainian protection status and to third-country nationals who had permanent residence in Ukraine at the time of the outbreak of the war. The last one applies to you.
Currently, until 31 August, you can move freely in the EU and in the Schengen area without a visa and also travel further. This means that you can travel to Germany with your girlfriend. Here you will register at a Landes-Erstaufnahme-Einrichtung (LEA) and apply for a residence permit according to § 24. In your case, however, it will be checked separately whether you can return to your country. Here it is important that you prove at the registration with your partner that you have had your centre of life and work in Ukraine for a very long time (e.g. by proving your studies, work as a specialist, life partner...). After registration and identification, you and your girlfriend will be assigned to a city and accommodated there. The foreigners authority then responsible will check whether you are granted residence under $ 24. If this is rejected, you have the opportunity to appeal against it.
You said that you applied for asylum in Poland. Did you withdraw it or was it rejected? The asylum application should not be a problem here, as you are not applying for asylum here in Germany.
If you have any further detailed questions, you can reach me in a private consultation room at mbeon (see my profile). I wish you and your friend all the best.
Gabriele