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Dear Sir or Madam,

Could you please advise whether I can obtain temporary protection under Section 24 of the German Residence Act in light of the following circumstances:

  • I left Ukraine on 17 February 2022 under the visa-free regime.

  • Due to the outbreak of the war, I was unable to return to Ukraine and remained in Poland, where I later obtained a temporary residence permit (based on employment).

  • During that period I was subjected to labour exploitation and experienced systematic discrimination.

  • I was diagnosed with a severe chronic illness requiring specialised treatment, which I have repeatedly been unable to access despite being employed, paying taxes, and not receiving any social benefits.

  • For 20 months I have been on inadequate steroid-based therapy, which may ultimately lead to disability.

  • Returning to Ukraine is not possible for obvious reasons.

I kindly request your assessment and advice. I have all necessary documents confirming my date of entry and my medical condition. If, in your view, I am eligible for protection under Section 24, could you also indicate which federal state would be most appropriate for me to approach? I would be grateful for any further recommendations or questions you may have.

Thank you in advance for your time and assistance.

asked Aug 31 in Asylum proceedings by Murchik | 1,145 views

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1 Answer

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Dear @Murchik

Based on what you have written, you will be entitled to temporary protection under section 24 of the German Residence Act if you come to Germany. 

It is important to be aware of a recent change that was made to the regulations on temporary protection at EU level. The decision entered into force on August 13th of this year. Before that, it was possible to receive temporary protection in an EU country even if the person already had received temporary protection in another EU country. The new decision makes clear that this is no longer possible. You can read the text here; the relevant section for such cases is under number 4: 

https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202501460 

The German government has adapted its guidelines on how to apply the regulation on section 24 accordingly. 

You write that you received a temporary residence permit in Poland for work purposes. The new decision does not affect you if you do not hold a residence permit under temporary protection in Poland or another EU country. 

Another important piece of information is regarding planned changes to the social welfare benefits in Germany for people with temporary protection. Until now, such people have had access to the standard German healthcare system, paid for by the Jobcenter if they are not working.  

The current government has drafted a law proposing to change this. If the law is passed, people who then apply for temporary protection will receive benefits under a different system. The level of benefits will be less and accessing healthcare will function differently. In short, there will still be the right to treatment for acute illness, but other treatment will be at the discretion of the responsible authority, which is the Sozialamt. You may find a request for a specialised longer-term treatment denied. 

The proposed law is being discussed and has not yet entered into force but it is important for you to be aware of the possible new regulations around accessing healthcare treatment if this is one of your reasons for wishing to come to Germany. 

As regards the most appropriate federal state, I cannot provide a clear answer. The situation in each state varies across the country depending on how many people are applying for temporary protection there. Each state has a quota of individuals they are obliged to take in and if this quota is reached, then any new applicants will be transferred to a different state where there are less applicants.  

I could not find any official overview of the present situation in the individual states. This site lists the federal states and their current capacity but I cannot vouch for the reliability of it as a source. The information is also in Ukrainian and Russian: 

https://visitukraine.today/blog/4455/which-german-states-are-accepting-ukrainians-in-august-2024-up-to-date-information-on-the-camps 

Aside from the relative capacity of each federal state to take people in, the rules on temporary protection do not vary throughout the country. If a person is entitled to it in the state of Hessen, for example, then they are also entitled to it in Hamburg and elsewhere. 

I wish you the best in managing your health. Feel free to write again here with further questions. 

Best, 

Éanna 

answered 6 days ago by mbeon-Éanna
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