Czy możliwe jest uzyskanie Paragrafu 24 w Niemczech, jeśli miałeś wizę pracowniczą w innych krajach UE?

Paragraf 24 w Niemczech zapewnia tymczasową ochronę Ukraińcom uciekającym przed wojną. Dowiedz się, jak wpływa na to wiza pracownicza w innych krajach UE, jakie są wyjątki i gdzie można ubiegać się o pomoc

Pomoc prawna w sprawach migracyjnych dla Ukraińców w Ukrainie i za granicą

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Many Ukrainians who have previously worked or stayed in other EU countries are interested in whether they are eligible for temporary protection status in Germany under Paragraph 24. What is Paragraph 24 and what are the chances of obtaining it for those who have held a work visa or other statuses in Europe - we will analyze further in the article.

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What is Paragraph 24?

Paragraph 24 of the German Residence Act (Aufenthaltsgesetz) allows Ukrainians who fled the country due to the war to legally reside and work in Germany, receive social benefits and access to medical care.

This temporary protection mechanism was introduced by the European Union after February 24, 2022. In Germany, it is granted to Ukrainian citizens who:

1. Arrived directly from Ukraine after February 24, 2022.

2. Left Ukraine before February 24, but could not return due to the war.

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How does a work visa and other statuses in the EU affect the receipt of Paragraph 24 in Germany?

According to European regulations, each EU country is responsible for issuing a residence permit or temporary protection. Therefore, if you:

1. Obtained a work visa in another EU country:

This can make it difficult to obtain a Paragraph 24 in Germany. After all, the EU expects a person to stay in the country that first granted him or her a residence or work permit. In this case, Germany is likely to refuse Paragraph 24, citing the principle of the first country of asylum.

2. You worked on a work visa but lost your job:

If you no longer have an active residence permit in another EU country (e.g. due to the expiration of your visa), you can apply for Paragraph 24 in Germany. In this case, it is important to confirm that you left Ukraine because of the war. However, the chances of a decision in favor of the applicant are low.

Please note! When considering an application for temporary protection under Paragraph 24, the period when the visa was issued is taken into account.

Thus, obtaining a Paragraph 24 in Germany, although unlikely, is still possible if you previously held a work visa in another EU country but no longer have a valid residence permit there. However, it should be understood that each case is individual, and therefore it is better to consult a lawyer and seek clarification from the agencies that specialize in supporting Ukrainians in Germany.

What should you do if you want to obtain Paragraph 24 in Germany?

1. Check the status of your residence permit in another EU country. If your work visa or temporary protection is no longer valid, this may be the basis for applying in Germany.

2. Contact your local foreigners' office (Ausländerbehörde). Submit an application for Paragraph 24 with documents proving that you left Ukraine because of the war.

3. Explain your reasons for moving to Germany. For example, you can mention better employment conditions, medical care or family reunification.

The procedures for obtaining Paragraph 24 can be complicated, especially if you have previously resided in another EU country. Contacting Visit Ukraine lawyers can increase your chances of success, as our experts will help you to:

● Assess your chances of obtaining the status, taking into account all the nuances of German migration law;

● Prepare the necessary documents;

● Protect your rights in case of refusal.

Contact our specialists via WhatsApp, Telegram or the form on the website for advice and legal support - we will help you find the best solution for your situation.

We remind you! Ukrainians have legal ways to switch from Paragraph 24 to a residence permit in Germany. Read about the specifics of each option, requirements, documents, and important nuances for a successful change of residence status in our previous article.

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