New BMI country circular on Ukraine – chances of obtaining longer-term residence permits

On August 11, 2025, the Federal Ministry of the Interior (BMI) published an updated state circular concerning the situation of refugees from Ukraine . The revised version takes particular account of the new Council Implementing Decision (EU) 2025/1460 of July 15, 2025 , which extends temporary protection for displaced persons from Ukraine until March 4, 2027. The circular is currently – as far as can be seen – only available on the website of the Ministry of Justice and Migration of Baden-Württemberg.

Ukraine Regulation 2026: What's new?

In addition to adapting to the current Council decision, the BMI is also taking up the Council Recommendation of 22 July 2025. This contains a passage that is crucial for many refugees: Member States should allow people with temporary protection to switch to other residence permits under EU law , provided they meet the requirements – for example, for:

• Studies (Directive (EU) 2016/801)

• Skilled immigration (Directive (EU) 2021/1883)

• EU Blue Card (Directive (EU) 2024/1233)

However, many member states have regulations that prevent such a change (see the VISAGUARD Guide to grounds for rejection of the EU Blue Card ). In particular, the new title cannot exist in parallel with the temporary protection status – a genuine change must take place.

Why this is important

This opening sends an important signal. Many affected individuals want to build long-term prospects in Germany – for example, through employment, training, or studies. Until now, switching from a Section 24 residence permit to another residence permit has often been difficult, both legally and practically . The Council's recommendation addresses this and aims to facilitate transitions to prevent illegal residence and provide security for those affected.

From a legal perspective, however, the Federal Ministry of the Interior and the EU remain brief in their directive: There is no explicit indication that temporary protection is discretionary—that is, that those affected can give up the protection in favor of a more advantageous status . Unfortunately, the Council resolution and the Federal Ministry of the Interior do not indicate a corresponding interpretation of the Residence Act, making the Federal Ministry's directive feel like a strongly politically tinged decision.

Conclusion of the Federal Ministry of the Interior on the Ukraine Regulation 2026

For refugees from Ukraine, the new country circular offers the opportunity to establish a permanent and often more advantageous basis for their residence. Those who work as a skilled worker, begin a course of study, or meet other suitable requirements should check whether a change to a long-term permit is possible. Thanks to the Federal Ministry of the Interior's letter, this should now be significantly easier to obtain through the immigration authorities.