LEA Berlin: Who can receive a residence permit under Section 24 of the Residence Act?

In the dynamic world of global mobility and international recruiting, legal certainty is paramount. Since the outbreak of the war in Ukraine, Germany has demonstrated an unprecedented willingness to accept refugees , but two years later, the fog surrounding the initial ad-hoc regulations has lifted, giving way to a more nuanced administrative practice. While Ukrainian citizens receive protection almost automatically, HR departments and highly qualified third-country nationals often face a bureaucratic puzzle: What happens to those talented individuals who studied or worked in Kyiv or Odessa but do not hold Ukrainian citizenship? Do you have a passport ? As a law firm, we are observing increasing uncertainty among companies that want to recruit international experts, while the migration policy of the German Federal Government under Chancellor Friedrich Merz places a clear focus on the strict separation of humanitarian protection and targeted labor migration.

The legal framework: Between EU regulations and national practice

The basis for temporary protection is the so-called Mass Influx Directive 2001/55/EC, which was activated by Council Implementing Decision ( EU ) 2022/382. In Germany, this is reflected in Section 24 of the Residence Act (AufenthG) . Originally intended as an unbureaucratic solution, the interpretation for third-country nationals – i.e., persons who are neither Ukrainian nor a Holding EU citizenship has been significantly tightened. While we generally welcome the extension of protection through the Ukraine Residence Permit Continuation Regulation until March 4, 2027, we see considerable obstacles in its practical implementation for third-country nationals, which particularly jeopardize planning security for employers and expats.

Third-country nationals with permanent residence permits

A privileged group among non-Ukrainians consists of those who already had a stable livelihood in Ukraine. According to Article 2, Paragraph 2 of the According to the EU decision, persons are entitled to protection who can prove that they resided legally in Ukraine before February 24, 2022, on the basis of a valid permanent residence permit . In Ukrainian terminology, this is the "Permanent Residence Permit".

We emphasize here the important legal opinion that is also reflected in the current procedural guidelines of the The Berlin State Office for Immigration (as of February 2026) confirms: Holders of such a title are generally assumed to have such a strong connection to Ukraine that a return to their original country of origin is considered unreasonable. These individuals fall under the protection of Section 24 of the German Residence Act (AufenthG ). For companies, this means that... Skilled workers continue to be available without lengthy processes Visa procedures are available to the labor market because the A residence permit according to § 24 of the Residence Act allows unrestricted access to employment.

The precarious situation regarding temporary residence permits

As corporate immigration experts, we view the situation of third-country nationals who only have a temporary residence permit in Ukraine – such as international students or young professionals in the tech sector – with concern. German migration policy has drawn a clear line here. According to current practice and the BMI circular, these individuals generally do not receive protection under Section 24 of the German Residence Act (AufenthG) if a safe and permanent return to their country of origin is possible.

This practice is ambivalent from Germany's perspective. While the government wants to limit immigration into the social welfare system, we often lose out here. Skilled workers who are already socialized within a European context and possess valuable qualifications. For those affected who, for example, were to be employed on February 24, 2022. Since the purpose of studying in Ukraine was to gain residency in Germany, this means that the path to residency in Germany does not lead through the humanitarian sector, but rather through the difficult transition to labor migration. It must be examined whether the requirements for a Residence permit for employment (§ 18 AufenthG) or for Study permit (§ 16a AufenthG) is available.

Conclusion: Differentiation is the order of the day.

In summary, it can be stated that protection under Section 24 of the German Residence Act (AufenthG) for third-country nationals is not a given. While individuals with a "Permanent Residence Permit" and those granted international protection can relatively reliably expect an extension until 2027, those with temporary permits find themselves in a legal dead end. We advocate for clear communication: Those who are highly qualified A skilled worker from Ukraine who did not have a permanent title should urgently consider changing to a residence permit for economic migration, instead of hoping for a continuation of temporary protection.

While the digitalization of migration administration is progressing, the complexity of individual case reviews for third-country nationals still requires precise legal support, if necessary also through a Legal proceedings . In an environment of skills shortages, no company can afford to lose valuable employees through avoidable expulsions.

How our law firm can help Visaguard

As a specialized law firm for visa law, we support global mobility departments and international talent in finding the right residence permit. We examine whether your third-country nationals from Ukraine are entitled to Section 24 of the German Residence Act (AufenthG) or whether a proactive change to another country is advisable. Skilled worker immigration (§§ 18a, 18b AufenthG) is strategically more sensible. We handle the communication with the LEA and ensure your compliance in the area of corporate immigration, from the Posting until EU Blue Card .