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Good evening, I am in touch with a Ukrainian family who is back in Ukraine but want to flee again to Germany. They were last year in Berlin and went back to Ukraine in August 2022. Now they have to come back in Germany because of the ongoing war. They were in Ukraine for almost 6 months, meaning that their residence permit will soon be voided.

Can they simply let it expire, and then come again in Germany (this time will be in another Land than Berlin) ? Or do they have to somehow come back to Germany before the 6-month-timeframe, so that their residence permit remains valid ?

They cannot live again in Berlin now because there are no more places available and they have friends in the other Land where they now want to move (NRW).

Thanks a lot for your help!
asked Feb 15, 2023 in Legal advice by AnneSo12 | 251 views

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Dear @AnneSo12 ,

If the family left in August, I presume their permits have now expired. They will have to re-apply when they re-enter Germany.

The core requirement to receiving temporary protection (paragraph 24) in Germany is that they were resident in Ukraine before February 24th 2022. They would therefore still be entitled to paragraph 24. I am not aware of there being issues for individuals who have let their permits expire. However, the application of this law is new and so we do not yet have experience of how it is applied under different circumstances.

As far as I can tell, it is still possible to register in NRW (I myself work in Saxony). As you have mentioned, some states cannot accept any more people and so transfer them elsewhere. If the family has the possibility to stay with friends in NRW at first, then it will help as they can register and get settled there. If they make use of the municipal initial reception centres, they will then be transferred to a part of NRW which still has capacity. This mean they could be separated from friends.

Best,

Éanna

answered Mar 2, 2023 by mbeon-Éanna
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