Does Section 24 of the Residence Act also apply to Ukrainians with multiple nationalities?

Since the beginning of the war against Ukraine, Section 24 of the German Residence Act (AufenthG) has granted millions of displaced persons uncomplicated residence permits – without the usual hurdles such as a visa application or proof of sufficient means of subsistence. However, for some of those affected, this relief is now anything but certain: those who hold a second nationality in addition to Ukrainian citizenship are increasingly facing rejections from immigration authorities. A ruling published in August 2026 by the Hamburg Higher Administrative Court demonstrates just how unresolved this legal issue truly is – with tangible consequences for those affected, who are left in limbo for months.

What does Section 24 of the Residence Act regulate for displaced persons from Ukraine?

Section 24(1) of the German Residence Act (AufenthG) grants a residence permit to foreigners who are granted temporary protection based on a decision of the Council of the European Union pursuant to Directive 2001/55/EC. This is based on Implementing Decision (EU) 2022/382 of 4 March 2022, with which the Council, for the first time since the so-called Mass Influx Directive came into force, recognized the existence of a mass influx of displaced persons from Ukraine. The protection has since been extended several times, most recently until 4 March 2027. Unlike most other residence permits, those affected do not have to undergo a visa procedure or prove a secure livelihood or health insurance in the conventional sense – a fact that has made Section 24 of the Residence Act the most important instrument of protection for war refugees from Ukraine in practice.

Why is the protection afforded to dual nationals being questioned?

According to Article 2(1)(a) of Implementing Decision (EU) 2022/382, temporary protection applies to Ukrainian nationals who were resident in Ukraine before February 24, 2022. The wording itself does not contain an explicit restriction for persons who hold another nationality in addition to Ukrainian nationality. In practice, this primarily affects people whose families acquired Russian nationality in the wake of events since 2014, for example, after relocating. Several immigration authorities take the view that the purpose of the directive requires a restrictive interpretation: only those who exclusively hold Ukrainian nationality can invoke Section 24 of the German Residence Act (AufenthG) – those who are also nationals of a state to which return appears reasonable are not covered by protection. In practice, this view frequently leads to the refusal of residence permits and simultaneously to a deportation order and a temporary entry and residence ban.

How does the legal system handle these cases?

The administrative courts are deeply divided on this issue, and this is precisely what makes the matter so confusing for those affected. While lower administrative courts have partially followed the restrictive interpretation of the authorities, the Hamburg Higher Administrative Court has made it clear in a recent ruling that it is at least an open question whether the purpose of Directive 2001/55/EC and Implementing Decision (EU) 2022/382 actually require such a restrictive interpretation. The court explicitly refers to inconsistent case law from other higher courts, which were also unable to definitively answer this question, as well as to the position of the European Commission, according to which Ukrainian nationals with additional nationality of a third country should, in principle, continue to fall within the scope of the Implementing Decision. The court thus concludes that this legal question cannot be definitively answered in preliminary injunction proceedings and must be reserved for clarification in the main proceedings.

Is a case before the European Court of Justice imminent?

It is noteworthy that the crucial question of interpretation cannot be answered purely on national grounds, as it concerns the interpretation of EU law. Another German administrative court has already referred a similar question to the European Court of Justice for a preliminary ruling in a comparable appeal proceeding: whether Ukrainians who have resided in a third country for an extended period before entering the European Union remain within the personal scope of the implementing decision, and under what conditions a return to that third country must be considered possible and reasonable. Until the European Court of Justice has ruled, the question of dual nationality is unlikely to be definitively resolved. For those affected and their employers, this means that legal certainty cannot be expected in the foreseeable future.

What does the unclear legal situation mean specifically for those affected?

Ukrainians with dual citizenship who apply for a residence permit under Section 24 of the German Residence Act (AufenthG) should expect a lengthy process. Even if an appeal against a deportation order and entry ban is granted in preliminary legal proceedings under Section 80 Paragraph 5 of the German Administrative Court Procedure Act (VwGO), this does not yet constitute a decision on the actual entitlement to a residence permit. In the meantime, residence is considered legal under Section 81 Paragraph 3 of the German Residence Act (AufenthG) in conjunction with Section 2 Paragraph 1 of the Ukraine Residence Act (UkraineAufenthÜV), but this is often accompanied by restricted social benefits under Section 1 Paragraph 1 Number 5 of the Asylum Seekers' Benefits Act (AsylbLG) instead of the usual benefits. For skilled workers who have already signed an employment contract in Germany, for students who want to continue their studies, or for families who depend on a reliable residency perspective, this state of limbo is considerably burdensome – especially since the practices of the individual immigration authorities differ noticeably from region to region, for example between the Berlin State Office for Immigration and comparable authorities in other federal states.

How do we support those affected in this situation?

Since the beginning of the war, we have handled numerous cases under Section 24 of the German Residence Act (AufenthG) and are intimately familiar with the differing practices of immigration authorities in the various federal states – knowledge that extends beyond the mere text of the law and published case law. Anyone with dual citizenship who relies solely on a rejection from the authorities or files an appeal without legal counsel risks not only losing their legal position but, in certain circumstances, also facing deportation before the underlying legal question is resolved. We assess early on whether, in a specific case, there is a prospect of obtaining at least a stay of execution through expedited proceedings, prepare a legally sound argument regarding the open question of interpretation, and, if necessary, represent our clients in court proceedings.

Conclusion

Whether Ukrainians with dual citizenship are still entitled to a residence permit under Section 24 of the German Residence Act (AufenthG) is, according to current case law, simply unclear – there is currently no clear, uniform answer across Germany. As long as there is neither a ruling from the highest court nor from European law, those affected have no option but to carefully prepare their individual case and seek legal advice early on in order to achieve a secure interim solution, at least through expedited proceedings. We support you in achieving the best possible position during this legally uncertain period.