Temporary protection in the EU until 2027
Since March 2022, more than four million Ukrainians have received temporary protection from the consequences of the Russian war of aggression under the EU-wide mass influx directive. This special protection status, which runs under Section 24 of the Residence Act in Germany, gives those affected access to the labor market, social benefits and medical care without having to submit an individual asylum application in the respective EU host country.
Protection was only recently extended until March 4, 2027. It is valid (according to current regulations) until this date or until the situation in Ukraine allows the protection status to be lifted.
With the recommendation that has now been adopted, the EU Council wants to ensure that the member states prepare in good time for a possible end to this system. This includes creating conditions for a sustainable return to Ukraine and at the same time opening up opportunities for longer-term residence in EU countries.
Possibility of long-term residence in the EU
The Council recommendation calls on the EU member states to enable Ukrainians to easily switch to national Residence permit - for example in connection with work, training, studies or for family reasons. It should also be possible to switch to forms of status under EU law, for example for highly qualified employees - but not in parallel with temporary protection.
This is intended to ensure that those who wish to remain in the EU in the long term and meet the relevant requirements are legally protected.
Possibility to return to Ukraine
In addition to integration opportunities in the host country, the focus should also be on preparing for voluntary return. To this end, the member states should develop programmes with temporary offers that support Ukrainian refugees financially or organizationally in returning to their home country.
An important point here is that refugees should be allowed to undertake so-called "exploratory visits" to Ukraine - i.e. visits to investigate their home country - without losing their protection status in the EU. It is also envisaged that Ukrainians will retain the right to temporary protection even if they participate in return programs.
EU wants to provide comprehensive information for Ukrainian refugees
In order to provide comprehensive information to those affected, the EU member states should also set up information systems and campaigns. These should contain information on legal options, changing to another Residence permit or returning to Ukraine.
Another suggestion is to use so-called Unity Hubs to be set up. They are to be financed via EU programs and serve as contact points for displaced Ukrainians in one country. There, refugees would receive support with documents and applications as well as advice on finding work in the host country or in Ukraine.
"The EU's solidarity with the Ukrainian people remains unwavering. At the same time, it is reasonable to prepare for the day when circumstances allow Ukrainians to return home and help rebuild their country," said Danish Immigration Minister Kaare Dybvad Bek. Denmark currently holds the presidency of the EU.
The Council Recommendation is not yet legally binding at this stage, but serves as important guidance for the EU member states. The guidelines are intended to ensure that the transition from temporary protection is coordinated and that responsibility is shared between all countries. The member states are also called upon to coordinate all measures with each other and with Ukrainian authorities.
What currently applies to Ukrainian refugees in Germany?
According to the EU Commission, more than 4.3 million people from Ukraine have sought refuge in the European Union since the outbreak of the Russian war of aggression. Of these, 1.2 million Ukrainians have found protection in Germany.
Temporary protection under the Mass Influx Directive (Section 24 AufenthG) also applies to them until March 2027 or until the EU withdraws their protection status. Since Ukrainians are not considered asylum seekers in Germany under Section 24 AufenthG, they have access to the labor market, housing, medical care, education and social benefits (citizens' allowance) if they are in need.
No more citizen's allowance for Ukrainian refugees in Germany in future
However, this could soon change. The federal government, made up of the CDU/CSU and SPD, is currently planning to amend the law so that Ukrainians in need will only receive benefits in accordance with the Asylum Seekers Benefits Act rather than a citizen's allowance. Medical benefits are also to be cut.
This affects everyone who entered Germany after April 1, 2025. However, Ukrainians who have been in Germany for longer, as well as children and young people, will continue to receive citizen's allowance.
It is currently uncertain when the law will come into force. However, the Bundestag is expected to reach a decision by the end of this year.
Naturalization in Germany - Ukraine enables dual citizenship
Another important point for Ukrainians in Germany: Ukraine has recently allowed its citizens to have dual citizenship. Multiple citizenship has also been possible in Germany since the reform of citizenship law. This means that Ukrainians who wish to naturalize in Germany can do so without having to give up their Ukrainian passport.
Which Residence permit can Ukrainians change to in Germany?
The EU Council recommends that member states make it easier for Ukrainian refugees to transfer to national Residence permit . In Germany, the following options, among others, are possible:
- § Section 16a AufenthG: Residence for vocational training
- § Section 16d AufenthG: Measures for the recognition of foreign professional qualifications
- § 16f AufenthG: Language courses and school attendance
- § 17 AufenthG: Looking for a training or study place
- § 18a and § 18b AufenthG: Gainful employment
- § Section 19c AufenthG: other employment
- § Section 21 AufenthG: Self-employment
- §§ 27-36 Residence Act: Family reunification
