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Guide: Change from § 24 AufenthG to a new Residence permit!

The war in Ukraine has forced many people to leave their homeland. Special and constantly updated regulations apply to Ukrainian nationals seeking protection in Germany. This article answers the most important questions about the current legal situation (as of January 2025) and the possibilities of changing the purpose of the residence permit.
Written by:
Christin Schneider
Expert for Immigration law
Expertly reviewed by:
Philipp Donath
LL.M. Business Law

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Table of contents

The most important facts in brief

  • Ukrainian citizens can enter Germany visa-free until December 4, 2025 and stay for 90 days without a Residence permit .
  • Temporary protection under Section 24 AufenthG has been extended for Ukrainian nationals until March 4, 2026. 
  • Residence permits pursuant to Section 24 AufenthG for Ukrainian nationals that are still valid on February 1, 2025 will be automatically extended until March 4, 2026.
  • With a Residence permit in accordance with Section 24 AufenthG, Ukrainian refugees have unrestricted access to the German labor market and social benefits. 
  • A change to another Residence permit (e.g. for the purpose of training, study or employment) is possible under certain conditions.

This is the Residence permit according to § 24 AufenthG

The Residence permit in accordance with Section 24 of the Residence Act (AufenthG) grants temporary protection to people who have fled Ukraine due to the war. It provides access to benefits such as social assistance, access to the labor market and medical care, which ensures comprehensive support.

Validity of § 24 AufenthG

Residence permits under Section 24 of the Residence Act have been extended until March 4, 2025, including for non-Ukrainian persons with a temporary Residence permit in Ukraine.

New regulations will come into force from March 5, 2025: An automatic extension until March 4, 2026 will only apply to certain groups:

  • Ukrainian nationals
  • Persons with protection status in Ukraine, their family members and
  • Holder of a permanent Ukrainian Residence permit.
Attention

For non-Ukrainian persons with a temporary Ukrainian Residence permit , the automatic extension ends. They must submit a new application before their residence permit expires in order to avoid being required to leave the country. A change to another Residence permit is possible during the validity of § 24 AufenthG. If the processing time is longer, a fictitious certificate will be issued, which secures the residence, social benefits and work permit.

The requirements for other Residence permit are often demanding, especially with regard to securing a livelihood and passport requirements. Below you will find a detailed explanation of a change of purpose.

"The period of residence according to § 24 AufenthG counts as your legal residence in Germany and is taken into account for Naturalization !

As a rule, you need 5 years of legal residence with B1 language level for the German passport."
Christin Schneider
Expert in Immigration law

Entering Germany without a visa

The Ukraine Transitional Residence Ordinance, which was extended until March 4, 2026, regulates entry options.

The following groups can enter the country without a visa and stay for 90 days:

  1. Ukrainian citizens who were in Ukraine on February 24, 2022 and enter the country by December 4, 2025.
  2. Non-Ukrainian nationals who enjoyed international or equivalent national protection in Ukraine on February 24, 2022.
  3. Family members of Ukrainian citizens or refugees recognized in Ukraine.
  4. Persons with an indefinite Ukrainian Residence permit who were living in Ukraine on February 24, 2022.
Attention

For third-country nationals with a temporary Residence permit in Ukraine, visa-free entry no longer applies as of March 5, 2024. This tightening came into force on March 5, 2024.

§ Section 3 of the Ukraine Transitional Residence Regulation allows certain groups of people to apply for a longer-term Residence permit during their 90-day legal stay in Germany without having to go through a visa procedure. This applies to Ukrainian nationals and certain non-Ukrainian third-country nationals who meet the requirements for various Residence permit .

As the stay is only legal for 90 days, a residence permit should be applied for within this period. With the application, the permitted stay is automatically extended and a fictitious certificate is issued in accordance with § 81 Para. 3 AufenthG. This certificate confirms the temporary right of residence until the final decision on the application. If the application is rejected, the lawfulness of the residence ends.

Who is considered a family member and who can also receive protection?

According to a letter from the Federal Ministry of the Interior dated May 30, 2024, in addition to Ukrainian nationals, certain groups of people without Ukrainian citizenship can also receive temporary protection in Germany. This includes:

  • Non-Ukrainian nationals and stateless persons with international or equivalent national protection status in Ukraine who lived there before February 24, 2022 and fled afterwards.
  • Family members of Ukrainian citizens and refugees recognized in Ukraine, if the family community already existed in Ukraine. The following are considered family members:
    • Spouse
    • Unmarried partners in a long-term relationship
    • Minors, unmarried children (including stepchildren)
    • Other close relatives who lived in the family group on February 24, 2022 and were dependent

People who were in the EU or a non-EU country as tourists shortly before February 24, 2022 (up to 90 days) can also receive temporary protection under certain conditions. Family members can also receive this protection if they enter Germany without the Ukrainian "original beneficiary".

Our recommended reading
Understanding § 24 AufenthG: How Ukrainians and other migrants find protection in Germany

The article explains the requirements, the application process, as well as the rights and obligations associated with this Residence permit . An indispensable guide for anyone who wants to find out more about temporary protection in Germany.

Sensible options for changing from Section 24 AufenthG to another Residence permit

A change of residence title is possible if the requirements for the new title are met. 

Destination Residence permit
For Ukrainians
For non-Ukrainians
possible for Naturalization
§ Section 16a Residence Act
§ Section 16b AufenthG
§ Section 16d Residence Act
§ Section 16e Residence Act
§ Section 16f Residence Act
§ 17 Residence Act
§ 18a / 18b AufenthG
§ 18d AufenthG
§ 18g AufenthG
§ Section 19c AufenthG
§ Section 19d AufenthG
§§ Sections 27 - 36 Residence Act
Asylum application

Important: The change must take place as long as the Residence permit is still valid in accordance with § 24 AufenthG or a fictitious certificate exists.

Residence permit as a skilled worker with vocational training or studies (§§ 18a, 18b AufenthG)

Residence permits in accordance with § 18a and § 18b AufenthG offer skilled workers with recognized or equivalent professional and university qualifications the opportunity to work in Germany. 

A major advantage: since the recent changes to the law, there is a legal entitlement to this Residence permit if all requirements are met. This means that it is no longer at the discretion of the authorities, but is guaranteed as soon as you meet the requirements.

The requirements include a recognized qualification, a concrete job offer and a secure livelihood. For single people, a monthly net income of 910 euros plus rent is used as a guideline. Special income requirements or proof of pension provision apply for skilled workers aged 45 and over. Language skills are not required by law, but may be necessary depending on the profession or employer.

There are several ways for Ukrainians to have their qualifications recognized in order to apply for a residence permit in accordance with § 18a or § 18b AufenthG:

  1. Official recognition: You can have your foreign school or professional qualifications officially recognized. The federal and state governments are committed to the rapid and uniform recognition of Ukrainian professional qualifications.
  2. Initial check by the IHK: The Chamber of Industry and Commerce (IHK) offers a free initial check for Ukrainian refugees. This involves a consultation to determine which German reference occupation is comparable to the Ukrainian qualification.
  3. Access to higher education: For pupils and students from Ukraine who were unable to complete their school or academic year regularly due to the war, the Conference of Ministers of Education and Cultural Affairs has made arrangements to facilitate access to higher education.
  4. Recognition procedure: For full recognition, an application can be submitted to the competent authority (e.g. IHK FOSA for IHK professions).

Residence permit for voluntary service or au pair (Section 19c (1) AufenthG)

Would you like to volunteer in Germany or work as an au pair? This is possible with a residence permit in accordance with § 19c Para. 1 AufenthG! Here is the most important information:

For voluntary services:

  • No statutory language requirements - the assignment location decides
  • Livelihood must be secured
  • With accommodation and meals covered, 277 euros pocket money is enough
  • Health and long-term care insurance included

For au pairs:

  • Maximum stay of 12 months
  • Under 27 years of age and A1 German language skills
  • Host family provides accommodation, meals and 280 euros pocket money

Residence permit for work with professional experience (Section 19c (2) AufenthG)

For all those who have a foreign professional qualification that is not recognized in Germany:

With a residence permit in accordance with Section 19c (2) AufenthG in conjunction with Section 6 BeschV, you can use your professional experience to work in Germany. Here are the most important points:

  1. Prerequisites:
    • Foreign professional qualification (at least two years of training) or university degree
    • State recognition in the country of origin (checked by the Central Office for Foreign Education (ZAB))
    • Qualified job in Germany
    • At least two years of relevant professional experience
  2. Income limits:
    • At least 3,622.50 euros gross per month (43,470 euros/year)
    • Exception: This limit does not apply to companies bound by collective agreements
    • For applicants aged 45 and over: 4,427.50 euros gross per month (53,130 euros/year)
  3. Special feature for IT specialists:
    • No formal degree required

This regulation opens up new opportunities for qualified specialists who previously had difficulties working in Germany due to a lack of recognition of their qualifications.

Residence permit for work in the public interest (Section 19c (3) AufenthG)

There is a special residence permit that can be issued regardless of qualifications and usual regulations. Section 19c (3) AufenthG allows this if there is a "public, in particular regional, economic or labor market policy interest" in your work.

What does that mean in concrete terms?

  • The Federal Employment Agency must give its approval and checks the working conditions and whether domestic applicants are available.
  • It does not have to be a highly qualified job.
  • Particularly interesting: If your employment secures or creates jobs, there may be a public interest.
"If you are interested in Naturalization in Germany, please follow the steps below in order to be naturalized as soon as possible:
  • Apply for a change of purpose as described
  • Learn German to at least B1 level
  • Secure your livelihood
  • Successfully complete the naturalization test
  • Renew your national passport
If you meet these general requirements, you can usually apply for Naturalization as early as 2027!"
Christin Schneider
Expert in Immigration law

A change to these titles is not recommended for Naturalization , but is possible

The following Residence permit show possible changes of purpose, although these are not necessarily recommended.

Residence permit for training (§ 16a AufenthG)

A residence permit for school-based or company-based vocational training can also be issued for non-qualified training. Here are the most important requirements:

  • As a rule, you must be able to support yourself. (A monthly net income of 822 euros applies here as a guide) 
  • You are entitled to a vocational training allowance (BAB). This can be counted as income. 
  • Additional employment of 20 hours per week is permitted alongside vocational training.
  • Proof of sufficient language skills (B1 certificate) - exceptions are possible.

Residence permit for studies (§ 16b AufenthG)

Attention: § 16b AufenthG only applies to non-Ukrainian nationals with § 24 AufenthG!

  • As a rule, you must be able to support yourself. (A monthly net income of 992 euros applies here as a guide) 
  • There is no entitlement to BaföG (exceptions possible § 8 para. 1 no. 6 BAföG) 
  • Employment of 140 full days per year or within the framework of a working student regulation as well as student part-time employment is permitted.

Residence permit for the professional recognition procedure (§ 16d AufenthG)

The residence permit in accordance with § 16d AufenthG enables you as a foreign skilled worker to stay in Germany in order to have your professional qualifications acquired abroad recognized. It includes various options:

  1. Participation in qualification measures and examinations to determine equivalence or to obtain a professional license (Section 16d (1) AufenthG).
  2. "Recognition partnership" with parallel employment in the profession to be recognized (Section 16d (3) AufenthG).
  3. Participation in required examinations (Section 16d (5) AufenthG) or carrying out a qualification analysis (Section 16d (6) AufenthG).

Requirements are usually German language skills at A2 level and a secure livelihood. A part-time job of 20 hours per week is usually permitted, and even unlimited employment in a professional context.

Residence permit for a language course (§ 16f AufenthG)

The residence permit according to § 16f AufenthG allows you to stay in Germany for a general or study-preparatory intensive language course. Important requirements are

  1. The language course must be intensive (at least 18 lessons per week) and aim at comprehensive German language skills.
  2. You must be able to cover your living costs, whereby the guideline amount is between 992 and 1,091 euros net per month, depending on the type of language course. This amount may be reduced by free accommodation, meals or health insurance.
  3. Part-time employment of up to 20 hours per week is permitted, except for student exchanges or school visits.

Residence permit for humanitarian reasons (Section 25 (4) sentence 1 or 2 AufenthG)

In certain cases, the residence permit in accordance with Section 25 (4) AufenthG offers the possibility of extending or bridging your stay in Germany. There are two relevant variants:

  1. § Section 25 (4) sentence 1 AufenthG:
    This residence permit can be issued for a temporary stay if there are urgent humanitarian or personal reasons or significant public interests. It is applicable if there is a fictitious certificate and no Residence permit has yet been issued, but there is also no obligation to leave the country.
  2. § Section 25 (4) sentence 2 AufenthG:
    This variant allows the extension of an existing residence permit if leaving the federal territory would mean exceptional hardship for the foreigner due to special circumstances of the individual case.

Both options can be used to bridge the gap until, for example, studies, training or work can be taken up in Germany. The granting of a permit is at the discretion of the Foreigners' office, which takes into account factors such as the length of the previous stay, the reason for the obligation to leave the country and the consequences of deportation.

Good to know:

It is important to note that these residence permits are generally only issued for a limited period of time. The Higher Administrative Court of Bremen assumes that a residence permit in accordance with Section 25 (4) sentence 1 AufenthG can generally only be issued for six months.

Residence permit for seeking a training place or applying to study (§ 17 AufenthG)

Section 17 AufenthG offers a "bridging solution" for up to nine months and comprises two types of residence permit:

  1. Search for qualified vocational training (Section 17 (1) AufenthG):
    • For persons under 35 years of age
    • With a degree from a German school abroad or a foreign Abitur
    • Required: German language skills at B1 level
  2. Search for a study place (§ 17 Para. 2 AufenthG):
    • German language skills according to the study requirements
    • Opportunity to acquire language skills in Germany

In order to obtain this residence permit, certain requirements must be met. A central aspect is securing a livelihood, whereby a monthly net amount of 1,091 euros is regarded as a guideline. 

The residence permit according to § 17 AufenthG permits employment of up to 20 hours per week. In addition, trial employment for a maximum of two weeks is permitted. Self-employed secondary employment may be pursued with the consent of the Foreigners' office .

Attention

There is a bar on changing from temporary protection in Sec. 17 (2) AufenthG (university application). However, there is an exception for people who had a temporary Residence permit in Ukraine and are no longer covered by temporary protection. This group can change to the status under Section 17 AufenthG despite a possibly still valid residence permit under Section 24 AufenthG.

Asylum application as an alternative for non-Ukrainian refugees from Ukraine

If temporary protection or a residence permit under Section 24 AufenthG ends and no other residence options are available, an asylum application may be a necessary alternative for non-Ukrainian refugees from Ukraine. This application is submitted to the Federal Office for Migration and Refugees (BAMF) and relates to the situation in the original country of origin, not to Ukraine.

An asylum application automatically includes an examination of a national ban on deportation. However, an asylum procedure can also entail disadvantages:

  • Possible accommodation in initial reception facilities
  • Longer waiting times for a work permit
  • Restrictions on the subsequent issue of residence permits pursuant to Section 10 (1) and (3) AufenthG
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FAQ - Frequently asked questions about the Residence permit according to § 24 AufenthG

NoUkrainian nationals do not generally need to apply for asylum. However, this could be an alternative for all other nationalities who have also fled Ukraine.

For all Ukrainians who have a Residence permit in accordance with § 24 AufenthG, the validity of the permit is automatically extended until March 4, 2026.

YesWith a Residence permit in accordance with § 24 AufenthG, you have unrestricted access to the labor market and may take up any type of employment.

It is advisable to find out early on about options for extending your stay or changing to a different Residence permit . Depending on your individual situation, various options may be possible, such as a residence permit for the purpose of training, studying or employment.

Ukrainian refugees can currently stay in Germany until March 4, 2026. Temporary protection under Section 24 AufenthG has been automatically extended for Ukrainian nationals until this date.

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