Jak przejść z ochrony tymczasowej na zezwolenie na pobyt w Niemczech?

Od wybuchu działań wojennych na Ukrainie wielu Ukraińców otrzymało ochronę tymczasową w Unii Europejskiej, w tym w Niemczech. Jednak wielu z nich chce przejść na bardziej stabilny i długoterminowy typ zezwolenia na pobyt - zezwolenie na pracę (zezwolenie na pobyt). Dowiedz się, jak dokonać przejścia z ochrony tymczasowej na zezwolenie na pobyt w Niemczech, jakie wymagania należy spełnić i jakie możliwości otwiera takie przejście

Pomoc prawna dla Ukraińców w Ukrainie i za granicą

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Currently, a large number of questions are being raised regarding the right of stay of Ukrainians in Germany, including the issue of legal employment in this European country. In this article, we will answer the question “how to change the status of temporary protection to a working residence permit in Germany” based on the current legal situation.

Temporary protection in Germany: what is it and how does it work?

Temporary protection in Germany, or “vorübergehender Schutz”, was introduced by the EU in response to the large-scale humanitarian crisis caused by the war in Ukraine. It grants Ukrainians the right to reside, access to the labor market, medical care and social support in EU countries, including Germany. But all this is subject to certain strict rules. Temporary protection status is granted for one year with the possibility of extension for up to three years.

However, this status has certain limitations. For example, it does not allow traveling outside the country of residence, does not always provide full access to all social benefits, and is temporary in nature, which does not allow for long-term residence.

Advantages of a worker's residence permit in Germany

A worker's residence permit (Arbeitsvisum) in Germany offers many more opportunities and advantages than a temporary residence permit:

1) Length of stay: A worker's residence permit is granted for a period of one to four years with the possibility of further extension.

2) Possibility to change employers: In most cases, a worker's residence permit allows you to change employer or profession without the need to obtain a new permit.

3) Stability and security: A worker's residence permit gives more guarantees for a long-term stay in the country, which creates stable living and working conditions.

4) The right to permanent residence: After a few years of work and paying taxes, you can apply for permanent residence (“Niederlassungserlaubnis”).

5) Citizenship: After a certain period of residence in Germany on a work permit, it is possible to obtain German citizenship.

We have previously published extensive material on the topic of employment of Ukrainians in Germany

Requirements for obtaining a work permit

In order to switch from temporary protection to a work permit in Germany, you must meet certain requirements:

1. An employment contract. The first and most important step is to receive a job offer from a German employer. The contract must be formalized and meet certain criteria:

- Minimum salary level: The salary must correspond to the average salary level in Germany.

- Matching qualifications: The job must match your qualifications and education.

2. Proof of qualifications: If your profession requires special qualifications, you may need proof of a diploma or certificate. In Germany, there is a special process for the recognition of foreign qualifications (“Anerkennung”), which can take from several weeks to several months.

3. Sufficient financial resources. You need to confirm that you have sufficient financial resources to cover your living expenses in Germany. This is especially important if you are switching from temporary protection to a working residence permit without having previously found housing or a job.

4. Language skills. Many professions in Germany require German language skills at the A2 to B2 level. The level of language proficiency must be confirmed by certificates.

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How to change temporary protection to a working residence permit?

In accordance with § 24 of the Residence Act, the change of a temporary residence permit to a work permit depends in practice on the state in which the person resides. In some Länder, this transition can be made quite quickly, while in others it is not.

Important! At the moment, there is no unified legal framework on this issue in Germany, and each Länder offers its own rules. That's because two federal authorities - Das Bundesamt für Migration und Flüchtlinge /BAMF/ (Federal Office for Migration and Refugees) and Bundesministeriums des Innern und für Heimat /BMI/ (Federal Ministry of the Interior) - cannot agree on a single opinion.

Exceptions to the work ban apply to Ukrainian citizens who entered Germany with a biometric passport and were granted refugee/temporary protection status. Such persons are not allowed to work in Germany until they obtain a work permit.

However, such persons may work in Germany pursuant to § 17 para. 2 (2) German Employment Act. Namely, if:

- Hold managerial positions in companies;

- Are scientists or researchers;

- Are philanthropists/members of volunteer organizations

- Are journalists

- Are professional athletes

To start working in accordance with this regulation, you should first contact the counseling center at your place of residence for the necessary clarifications.

Step-by-step procedure for obtaining a work permit in Germany

Upon arrival in Germany, or after withdrawal of temporary protection status, you need to contact the local immigration office (Ausländerbehörde) to apply for a single residence and work permit.

Step 1: Register your place of residence

First, you need to register at your place of residence at the local civil registration office (Bürgeramt). After finding and settling in your accommodation, make an appointment with the Bürgeramt and prepare the necessary documents:

- A valid passport;

- Rental agreement;

- Written confirmation from the landlord of your residence.

During the visit, you will need to fill out the appropriate form, after which you will receive a confirmation of address registration, which is usually issued the same day.

Step 2: Obtaining health insurance

A valid health insurance policy is a prerequisite for obtaining a work and residence permit in Germany. You can join the German public health insurance system immediately after obtaining the relevant permit.

Step 3: Make an appointment with the Ausländerbehörde

Visit the official website of the local Ausländerbehörde office according to your place of residence and make an appointment by following the instructions. After registration, you will receive a confirmation with the details of the appointment, including date, time, address and queue number.

Step 4: Prepare the necessary documents

To apply for a work and residence permit, please prepare the following package of documents:

- A valid foreign passport;

- Two recent photographs;

- A completed application for a residence permit (Antrag auf Erteilung eines Aufenthaltstitels) in German;

- A declaration of employment completed by your employer;

- Employment contract or official job offer with the position, duration of employment and salary;

- Proof of residence registration;

- Housing lease agreement with confirmation from the landlord;

- Original and copy of the diploma or other educational document;

- Proof of health insurance;

- Curriculum Vitae (resume);

- Bank statements confirming your financial solvency;

- Additional documents requested by Ausländerbehörde.

Following these steps will ensure the successful obtaining of a work and residence permit in Germany.

Transitioning from temporary protection to a working residence permit in Germany is a complex but achievable process that opens up significant opportunities for those who wish to stay in the country on a long-term basis and build their lives there. To ensure that this process goes quickly and with the appropriate result, it makes sense to turn to specialists. Visit Ukraine's migration lawyers have been dealing with the legalization of Ukrainians in Germany and other countries for many years and will help you solve your particular issue on an individual basis.

Readmore about the rules for entering and staying in Germany in 2024 in our detailed article.

Just a reminder! Starting from September 1, new regulations will come into forcein Germany and some other European countries.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

On the Visit Ukraine portal, you can get legal advice on migration law. Our lawyers will answer all your questions and, if necessary, help you collect, submit and receive the documents you need. You can order a specialist consultation or full legal support by following this link.