Can you obtain temporary protection in Germany if you have a residence permit in another country? Visit Ukraine lawyers explain

Many Ukrainians are faced with the question of whether a Ukrainian citizen with a residence permit in another country can obtain temporary protection in Germany under §24. Find out how Ukrainians should act in such a situation using a real example of a request to the team of migration lawyers at Visit Ukraine

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Is it possible to move to Germany and apply for temporary protection (§24 AufenthG) if you already have a residence permit in one of the EU countries? What are the chances of approval in this case, especially if it is an unregistered couple who left Ukraine at different times?

Visit Ukraine lawyers explain how to proceed in such a situation using a real case of Ukrainians who are currently in Lithuania and plan to move to Germany.

Request: A couple who have been in a relationship for over 10 years but are not officially married contacted our lawyers. They currently live in Lithuania:

● The man has a valid Lithuanian work residence permit until April 2026.

● The woman has a temporary Lithuanian residence permit until March 2026.

The man left Ukraine in December 2021, and the woman left in December 2023. The couple is currently considering moving to Germany (for example, to Baden-Württemberg or Bavaria) and applying for temporary protection under §24 AufenthG.

Consultation question:

1) What is the correct course of action in this case? Should they apply together under paragraph 24 or separately?

2) Do we need to find accommodation in Germany right away, because we have a medium-sized dog and, as far as I know, it is difficult to find accommodation in a camp with animals?

3) Perhaps you have contacts (or groups or websites) who could take us in and accommodate us for the time being, until we find our own place.

4) Is it possible for my husband, who has a work residence permit in another country, to obtain asylum in Germany?

What are the chances of obtaining Paragraph 24 after a residence permit in another country – consultation with a lawyer Visit Ukraine

First of all, it is necessary to explain what §24 AufenthG is and who is covered by it. Paragraph 24 is a provision of German law that implements EU Council Directive 2001/55/EG and provides temporary protection to Ukrainians who:

● are citizens of Ukraine;

● left Ukraine after February 24, 2022;

● do not have EU citizenship or long-term resident status in another EU country;

● have not received temporary protection or asylum in another safe country.

These criteria are key to a successful application for §24 in Germany.

Can a man obtain temporary protection in Germany after having a work residence permit in another country?

Since he left Ukraine before February 24, 2022, he does not fall under the standard conditions of §24. In addition, he has a work residence permit from another safe EU member state (Lithuania). As a general rule, persons who left Ukraine before February 24, 2022, or already have valid protection in another EU country (even a work residence permit) are not automatically entitled to temporary protection in Germany.

However, there may be exceptions (not guarantees!), for example, if:

● it has been proven that he cannot remain in Lithuania for humanitarian reasons (threat of deportation, loss of status, refusal to extend, etc.);

● you have children together as a couple or you are considered a “de facto family” with the possibility of reunification.

In reality: the man has very little chance of obtaining §24 because he left Ukraine before the full-scale invasion began and has a valid residence permit in a safe EU country.

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Can a woman obtain §24 in Germany after a temporary residence permit in another country?

Since the woman left Ukraine after the war began, she is eligible to apply for §24. In this case, there are all legal grounds.

Apply for Paragraph 24 together or separately: which option has better chances?

Legally, it is problematic to apply together as a couple without being officially married. Germany only recognizes official marriages or family ties for joint consideration. If you do not have children, it is not possible to apply “together.”

The most realistic scenario is for the woman to apply separately and her partner can either:

● stay as a tourist (up to 90 days),

● or try to apply by providing evidence of a long-term relationship (but this is very rarely approved without marriage).

Do you need to rent accommodation in Germany right away if you have a dog?

Yes, it is highly recommended. In most cases, reception centers (Erstaufnahmeeinrichtungen) do not accept people with animals. Recommendation:

● Find accommodation in advance (through friends, Facebook groups, websites such as WG-gesucht.de, eBay Kleinanzeigen);

● When applying, provide your address — this will speed up the process and prevent you from being placed in a camp, which is important in your case because of your dog.

Where can I find help with housing or support in Germany?

Here are a few options:

→ Facebook groups:

● Ukrainians in Germany

● Refugee Aid Ukraine – Accommodation wanted/found

● Ukrainians in Bavaria / Baden-Württemberg

→ Help websites:

● https://unterkunft-ukraine.de

● https://housinganywhere.com

● https://warmes-bett.de

→ Churches / charitable organizations:

● Caritas

● Diakonie

● DRK (German Red Cross)

Need advice on how to apply for Paragraph 24 in Germany?

Contact the lawyers at Visit Ukraine — our experts will analyze your situation, answer all your questions, and, if you are eligible, develop a personalized application strategy to increase your chances of success.

Visit Ukraine lawyers know how to act in difficult cases!

We remind you! In today's world, many Ukrainian citizens, including students, employees, or people on business trips or for other purposes in the European Union (EU) or other countries, are faced with the question: is it possible to obtain a visa for another European country without having to return to Ukraine? Read about all the nuances, requirements for obtaining visas, and types of visas available to Ukrainian citizens abroad in our previous article.

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