A government regulation on fictitious residence registration for persons who left the resettlement area because of the war has entered into force
The regulation falls short of expectations and requirements.
Challenging a BVA Refusal
A refusal by the Bundesverwaltungsamt (BVA) to recognize late resettler status can be challenged before the administrative court — typically within one month of receiving the refusal.
On 23 December 2023, important amendments to the Federal Act on Refugees and Expellees (BVFG) entered into force. These amendments are designed to address special cases in the admission of late resettlers amid the ongoing war in Ukraine. The Federation of Expellees (Bund der Vertriebenen, BdV), together with the Society of Germans from Russia, actively campaigned for these changes.
Previously, the main problem was that people who left Ukraine because of the war lost their entitlement to admission as late resettlers if they did not file an application within six months of entering the EU and provide all the necessary evidence. If a stay outside the area of previous residence lasted longer than six months, the reason for resettlement was not recognized. This led to numerous refusals by the Federal Office of Administration (BVA).
To address the problem, a regulation titled the "Regulation on Fictitious Residence Registration in Wartime" (Kriegsbedingte Wohnsitzfiktionsgesetz-Verordnung, KrWoFGV) was adopted and published on 9 August 2024. It governs three main situations:
1. Restoring residence registration in the resettlement areas
Under Section 1(1) of the regulation, persons who left Ukraine because of the war and moved to Germany do not lose their residence registration if they return to the resettlement areas within one year after the war ends. Entitlement to admission as a late resettler is thus preserved regardless of when the application is filed.
2. Germans from Ukraine who fled to Germany
Section 1(2) allows an admission application to be filed under the exceptional hardship procedure (Härtefallantrag) in Germany within two years of entry. For those who arrived before 10 August 2022, the deadline for filing applications has been extended to 15 February 2025.
3. Germans from Russia who fled to Germany
Section 1(3) governs the application procedure for persons who left Russia. They must first obtain refugee status or asylum, after which they have one year to file an application. If these conditions are not met, the entitlement to admission is lost.
Limitations and Shortcomings
While the regulation makes the process easier for some applicants, it leaves important questions unresolved:
Persons who found refuge in other EU countries are not covered by the regulation.
Applicants from Russia lose their entitlement to admission if they do not obtain refugee status.
The president of the BdV, Dr. Fabritius, called these limitations unfair and stressed the need to revise the regulation further.
Urgent Action and Information
Until 15 February 2025, applicants from Ukraine can file an exceptional-hardship application or reapply after a refusal. It is important that everyone concerned is informed about the new rules and about the need to fully comply with all conditions when filing an application.
Source: https://www.bund-der-vertriebenen.de/fileadmin/user_upload/241022_Rechtsverordnung_zur_Wohnsitzfiktion_..._-_Hintergrundinformation.pdf
All rights reserved. Copying or republishing this article requires a link to the original source.
