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Immigration & Residence Law

Temporary Protection Under § 24 AufenthG: Who Qualifies and For How Long

§ 24 AufenthG governs temporary protection for people who came to Germany from Ukraine because of the war. It is based on EU Directive 2001/55/EC, which the Council of the EU activated for the first time in March 2022. The status is deliberately designed as a transitional solution – anyone who wants to stay in Germany long-term should plan the switch to another residence permit in good time.

What changed on 9 October 2026

The Ninth Ordinance amending the Ukraine Residence Transition Ordinance (UkraineAufenthÜV, BGBl. 2026 I No. 288) introduced new entry rules from 9 October 2026:

  • Anyone who was in Ukraine on 24 February 2022 and enters Germany by 4 December 2027 remains exempt from the residence permit requirement for 90 days from first entry and can apply for a permit in Germany.
  • Men who are subject to military obligations under Ukrainian law and enter from 9 October 2026 benefit from this exemption only if they prove compliance – for example by lawful exit, an exemption or a deferment (§ 2(3) UkraineAufenthÜV).
  • At EU level, first-time applications for temporary protection have required such proof since 31 July 2026 (Implementing Decision (EU) 2026/1912).

People who already had protection in Germany and keep it without interruption are not affected by the new proof requirements.

Who is entitled to temporary protection

  • Ukrainian nationals who left Ukraine on or after 24 February 2022, and their family members;
  • third-country nationals and stateless persons who enjoyed international protection in Ukraine;
  • third-country nationals with a permanent Ukrainian residence permit who cannot safely return to their country of origin – the immigration office decides case by case.

Rights granted by the status

  • Work: any employment and self-employment is permitted; no approval from the Federal Employment Agency is required.
  • Integration and education: integration and language courses, school for children, access to vocational training and university.
  • Social benefits and health insurance where needed.
  • Family reunification with a § 24 permit holder under § 29(4) AufenthG – decided case by case.

How long the protection lasts

The Council of the EU extended temporary protection until 4 March 2028 by Implementing Decision (EU) 2026/1912. In Germany, residence permits under § 24(1) AufenthG that were valid on 1 February 2026 automatically remain valid until 4 March 2027 under the Ukraine Residence Permit Continuation Ordinance – without an application or an appointment, even if the card shows an earlier date. At the time of writing there was no national rule beyond 4 March 2027; we will update this article as soon as there is one.

Not covered automatically are, in particular, people who entered after 1 February 2026 and people whose application is still pending (Fiktionsbescheinigung). They must contact the immigration office themselves in good time.

Residence obligation and travel abroad

Recipients of social benefits may be subject to a residence obligation under § 12a AufenthG – moving to another federal state then requires approval. Short trips with a valid passport and permit are generally allowed. However, a stay outside Germany of more than six months can cause the permit to expire (§ 51(1) No. 7 AufenthG), and for longer trips to Ukraine the authority may examine whether protection is still needed. Clarify your situation before longer trips.

Switching to another residence permit

Another permit can be applied for alongside or instead of the § 24 permit – in Germany and without a visa procedure, provided the application is filed while the § 24 permit is valid (§ 39 sentence 1 No. 1 AufenthV). Options include:

  • skilled workers: § 18a (vocational qualification) and § 18b (university degree) – with a recognised qualification and a suitable job;
  • employment with substantial professional experience (§ 19c AufenthG together with the Employment Ordinance);
  • vocational training (§ 16a) and recognition of a foreign qualification (§ 16d);
  • family (§§ 27–36), e.g. marriage to a German national or a person with secure residence.
For people with temporary protection, § 19f(1) No. 1 AufenthG excludes, among others, the EU Blue Card (§ 18g), the study permit (§ 16b), the researcher permit (§ 18d) and § 16e, § 17(2) and § 19e. Careful legal planning is needed here.

Settlement permit (Niederlassungserlaubnis)

A settlement permit cannot be obtained directly from § 24 status. You first need to switch to a residence permit that opens this route – for example as a skilled worker (§ 18c AufenthG), on family grounds or under the general rules of § 9 AufenthG. The earlier you switch, the earlier the relevant periods start to run.

Citizenship: do the years under § 24 count?

For naturalisation under § 10 StAG, a suitable permit is required at the time of naturalisation; § 24 permits are expressly excluded (§ 10(1) sentence 1 No. 2 StAG). Naturalisation directly from § 24 status is therefore not possible.

What remains open is whether the years of temporary protection count towards the five-year minimum residence once a suitable permit is held later. The law requires five years of lawful habitual residence. Residence under § 24 was clearly lawful. Whether it was also “habitual” is assessed differently: in favour of counting it is the fact that residence has in practice become settled over several years – the Federal Administrative Court has recognised something similar for periods of study (BVerwG, 1 C 9.15). Against it is the fact that the protection was designed as temporary from the outset. There is no supreme court ruling on § 24 yet, and naturalisation authorities handle it inconsistently.

Our assessment for planning: the earlier you switch to another permit, the lower the risk that years will not be recognised. In the naturalisation procedure, crediting the § 24 periods should be requested and justified expressly.

Fiktionsbescheinigung

If an application for extension or a change of status is filed in time, the previous permit remains valid until a decision is made (§ 81(4) AufenthG); the immigration office issues a Fiktionsbescheinigung. Residence remains lawful and work is generally still permitted.

Common mistakes

  • applying for a new permit only after the § 24 permit has expired – a visa procedure from abroad may then be required;
  • applying for a Blue Card or a study permit despite the exclusion in § 19f AufenthG;
  • longer stays abroad without prior clarification;
  • moving to another federal state despite a residence obligation;
  • applying for asylum without advice – it can affect later permits (§ 10 AufenthG).

Frequently asked questions

Do I need to extend my § 24 permit before March 2027?

No, if it was valid on 1 February 2026: it automatically remains valid until 4 March 2027 – no application and no new card needed.

What changed on 9 October 2026?

Visa-free entry with a 90-day exemption applies to entries until 4 December 2027. Men who are subject to military obligations under Ukrainian law and enter from 9 October 2026 must prove compliance.

Can I get an EU Blue Card with § 24 status?

No, § 19f AufenthG excludes this. Permits under § 18a or § 18b AufenthG are possible, for example.

Do I have to leave Germany to change my status?

Generally not, if you apply while the § 24 permit is valid (§ 39 sentence 1 No. 1 AufenthV).

Does time under § 24 count towards citizenship?

Naturalisation directly from § 24 status is not possible. Whether these years will later count towards the five years has not been finally settled; authorities handle it differently.

Conclusion

Temporary protection gives certainty until at least March 2027 but is no substitute for a permanent perspective. Anyone who wants to stay in Germany should plan the switch now – while it is possible without leaving the country. In immigration law our initial assessment is free of charge: we check which permit is right for you and support your application at the immigration office.

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