Business Immigration: Update on Ukraine
Written By
Partner
Germany
I am a Partner and specialist lawyer in employment law in our International HR Services Practice Group in Dusseldorf, where I advise our domestic and international clients on all aspects of individual and collective employment law.
Partner
Germany
As a partner in our International HR Services Practice Group, my ambition is to provide pragmatic advice that solves our clients' issues and allows them to achieve their goals. My particular focus is on international technology-strong businesses. In addition to my daily practice I am a member of the German Management Team.
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With the conflict in the Ukraine many companies have increased their efforts in relocating their employees from the affected countries and try to support their staff as much as possible. Our teams around the globe have successfully supported clients by providing crisis management and ad-hoc (business) immigration advice, helping to move numerous employees and their families to safe places.
The European Union also came together by facilitating legislation, creating immigration options throughout the EU, and greatly simplifying the otherwise lengthy processes of obtaining the required visa, both residence and work permits.
Generally (and already before the conflict) Ukrainian nationals could enter and stay in the Schengen area, including the Federal Republic of Germany, visa-free with a biometric passport for a short-term stay of up to 90 days. This (regular) travel option, however, does not allow the performance of any gainful employment in Germany. However, due to the activation of the Temporary Protective Directive 2001/55/EC for Ukrainian nationals by the decision of the Council of the European Union of 3 March 2022, Ukrainian nationals and their family members now can obtain a residence permit according to Sec. 24 AufenthG. The residence permit is limited in time and – as a rule - is issued for an initial period of one year. After expiry of the period, it can be extended if the protection status of Ukrainian nationals continues. Due to the implementation of this Directive, the required work permit will easily be granted upon application. It is a general right resulting from the Directive and respective interpretation of sec. 24 AufenthG to live and work in Germany during the temporary protection status. If possible, it is generally advisable to request the work permit upon the first contact with the Foreigners’ Office in order to speed up the process (NB: whilst the work permit must generally be granted, it may take some time for processing due to the massive volume of Ukrainian nationals entering Germany at the moment (already around 300,000 as per official figures whilst the actual number might even be significantly higher). Also, the actual process of registering and applying with the locally competent Foreigners’ Offices varies as there is no centralized process established yet and registration details fall in the competence of local authorities.
To further support your Ukrainian refugees, we have created a brief overview of potential entitlements and benefits they can profit and claim for once residing in Germany.
