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Good day!

On 02.04.2024 I was traveling from the Czech Republic to Germany, to my mother, who lives there and has a residence permit in Germany.

At the border between the Czech Republic and Germany, passing passport control, I was asked to leave the bus and I was issued documents on refusal of entry (Einreiseverweigerung) motivated by the fact that I personally do not have a residence permit in Germany or a visa to Germany. At the same time, I am a citizen of Ukraine and I have a biometric passport, which does not involve the insertion of a visa to visit countries in Europe.

Can I enter Germany with such a waiver?
asked Apr 4 in Legal advice by Kipoij555 | 427 views

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1 Answer

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Hi @Kipoij555

Ukrainians citizens with a biometric passport do not need a visa to enter the EU, including Germany. You have the right to enter Germany.

The problem may have been caused by the ending of a law that covered the entry of people into Germany after the beginning of the war. This law was called ‘Ukraine-Aufenthalts-Übergangsverordnung‘. It ended on 04.03.2024. The government may extend this law but it is not currently in effect.

The ending of this law may have caused the confusion. However, the law was only relevant for other groups of people leaving Ukraine. With a biometric passport, you can enter Germany regardless of that law.

Your right is based on this EU law:

Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement

Ukraine is listed as one of the countries whose citizens do not require a visa:

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018R1806

Here you can read about the entry rules for Ukrainians:

https://***.germany4ukraine.de/hilfeportal-en/entry-residence-and-return/entry

Best,

Éanna

answered May 3 by mbeon-Éanna
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