Ukraine: Residence permit under Section 24 of the Residence Act automatically extended until March 2028

Many HR departments are currently receiving the same recurring notification: According to the card, the Ukrainian employee's residence permit expires on March 4, 2027. Is an appointment with the immigration office now necessary? Can the employment continue beyond this date? The short answer is: No application is required, and the work can continue. However, the longer answer is still worthwhile. In our view , the extension until 2028 is less of a safety net and more of a window of opportunity that Ukrainian professionals and their employers should now strategically utilize.

What did the Federal Council decide on September 25, 2026?

The legal basis lies primarily at the European level. In July 2026, the Council of the EU , with Implementing Decision ( EU ) 2026/1912, extended the temporary protection for refugees from Ukraine under the so-called Mass Influx Directive (Directive 2001/55/EC ) until March 4, 2028. For this decision to take effect in Germany, national implementation was necessary. The Bundesrat (Federal Council) adopted this implementation on September 25, 2026, with its approval of the Ninth Ordinance Amending the Transitional Provisions for Refugees in Ukraine (UkraineAufenthÜV).

The key message is clear: All residence permits issued under Section 24 of the Residence Act, including the permit to work, will automatically remain valid until March 4, 2028. The new regulations will come into force upon their publication in the Federal Law Gazette. Since the existing permits are valid until March 2027 anyway, there will be no gap in coverage for those affected.

Do those affected now have to go to the immigration office ?

No. The extension is granted automatically by regulation, meaning directly through legal means and without an individual decision by the authorities. Neither an application nor an appointment with the immigration office is required. Therefore, anyone living in Berlin does not need to try to secure one of the limited appointments at the State Office for Immigration ( LEA ).

From experience with past renewal cycles, we know where the problem still lies: The electronic residence permit continues to display the old expiry date. Landlords, banks, insurance companies, and occasionally even customs officers when traveling outside the Schengen Area are not always aware of the automatic renewal and may require proof. We therefore recommend having a printout of the regulation or the relevant section in the Federal Law Gazette and, if available, the information sheet from the responsible authority readily available. A frequently overlooked point: The renewal of the permit does not replace a valid passport . The passport requirement under Section 3 of the Residence Act remains unchanged, and expired passports will be noticed at the latest during the next interaction with the authorities.

What does the extension mean for employers and HR departments?

According to Section 4a Paragraph 5 of the German Residence Act (AufenthG), employers may only employ foreign workers if their residence permit authorizes employment. They must also retain a copy of the permit for the duration of the employment. This is precisely where uncertainty arises in practice, as the card in the personnel file displays a date that will soon expire.

Our recommendation to HR departments: Explicitly document the automatic renewal in the employee's personnel file by including a note referencing the amended Ukraine Residence Permit Ordinance and the relevant section in the Federal Law Gazette, alongside a copy of the permit. A suspension, dismissal, or withholding of salary payments due to a supposedly expired permit would not be legally valid and could have consequences under labor law. Separate approval from the Federal Employment Agency is also not required for continued employment.

Who is affected by the new regulation since August 5, 2026?

One important restriction applies to new arrivals. Ukrainian nationals of military age who have entered the EU since August 5, 2026, must generally prove that their departure was lawful and in accordance with Ukrainian military regulations in order to receive temporary protection. Those who have already received temporary protection in Germany are generally not affected by this.

For companies specifically recruiting Ukrainian skilled workers , this means that the route via Section 24 of the German Residence Act (AufenthG) is no longer a given for this group. In such cases, we regularly examine whether a qualification as a skilled worker under Section 18a or 18b of the Residence Act, or an EU Blue Card under Section 18g of the Residence Act, is an option, and whether a visa from abroad is required or whether the application can be submitted domestically. This depends heavily on the individual case.

Why is 2028 not a reason to sit back and relax?

Temporary protection, as the name suggests, is temporary. The Mass Influx Directive was originally designed for a few years, and any further extension is a political decision at the EU level. There is no guarantee that the protection will continue beyond March 2028. Anyone who waits until then risks hundreds of thousands of affected individuals simultaneously applying for a permanent residence permit, pushing immigration authorities to their limits. We are familiar with this pattern from Berlin: During periods of high demand, processing times at the LEA ( State Office for Immigration and Asylum ) increase considerably.

The alternatives are obvious, but they vary in risk. Doing nothing only postpones the problem. Applying independently based on general online information or legal tech tools often fails due to details not covered in any information leaflet, such as whether the immigration authorities will accept a change of status under Section 24 of the German Residence Act (AufenthG) within Germany or require departure and a visa application. Furthermore, there is a strategic aspect that many underestimate: those who relinquish protected status in favor of employment-based protection cannot easily return to the protection afforded by Section 24 of the Residence Act if they later lose their job. Therefore, choosing the right time to make the change is crucial.

Conclusion

The automatic extension of residence permits under Section 24 of the German Residence Act (AufenthG) until March 4, 2028, initially provides legal certainty for Ukrainian refugees and their employers: no application, no appointment, no interruption of employment. However, those who use this extra time simply to wait and see are missing opportunities. Whether it's an EU Blue Card , a skilled worker qualification, a permanent residence permit, or the path to naturalization : the best time to plan for your next steps is now, while your protected status still provides a secure foundation. We are happy to support you in making this transition legally sound.