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News regarding the recognition of Temporary Protection Status (TPS) for Ukraine in Germany


On December 9, 2025, the legal framework for the entry of people who have fled the war in Ukraine was once again adjusted . With this eighth extension of the so-called Ukraine Transitional Residence Ordinance, the legislature is responding to the changed situation within the European Union. While the ordinance continues to guarantee humanitarian access to Germany, it contains a crucial new provision that is particularly important for those who have already found refuge in another member state, such as Poland.


Previously, the regulation allowed for largely unbureaucratic entry without a visa. However, the recent amendment of December 1, 2025, explicitly clarifies for the first time that these simplified entry requirements cannot be invoked if temporary protection has already been granted in another EU member state . In legal practice, this particularly affects Ukrainians who initially fled to Poland. Therefore, anyone who is already officially registered in Poland and enjoys protected status there can no longer simply travel on to Germany to apply for the same status again. This regulation aims to regulate migration within the EU and strengthen the responsibility of the first country of entry.


The exemption from the requirement of a residence permit for initial entry will therefore only apply until December 4, 2026, to persons who have not yet received protection status in another EU country . Specifically, this includes Ukrainian nationals and beneficiaries of international protection who were residing in Ukraine on February 24, 2022 , their family members , and third-country nationals who were living in Ukraine with an indefinite residence permit on that date.

For Ukrainians already living in Poland who are now planning to move to Germany, the legal situation is becoming more complicated. While a biometric passport still allows visa-free stays for short-term visits of up to 90 days under the Schengen Agreement, it does not entitle them to social benefits or a work permit in Germany as long as their protected status in Poland remains in effect.


Alongside these entry requirements, the situation remains stable for those already registered in Germany. It was already determined in October 2025 that existing residence permits under Section 24 of the German Residence Act (AufenthG) would automatically remain valid until March 4, 2027. Therefore, anyone already here does not need to submit a new application. However, anyone wishing to move from Poland to Germany must now expect significantly higher legal hurdles and should check beforehand whether they meet the requirements for a legal change of residence.


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