Ukraine ruling: Section 24 Residence permit despite protection in another member state

A hoped-for career advancement or family reunification in Germany often threatens to be abruptly thwarted by the bureaucratic resistance of the immigration authorities . When skilled workers from Ukraine , after a short stay in another EU country such as Poland, the Czech Republic, or Romania, migrate to Germany, the local authorities frequently react with abrupt rejection notices and immediate deportation orders. Citing newer EU regulations, they argue that a protection status already registered abroad categorically precludes a right of residence in Germany. However, this administrative practice regularly fails to withstand judicial review.

A recent ruling by the Chemnitz Administrative Court (VG Chemnitz, decision of June 22, 2026 – file no. 6 L 862/25) brings groundbreaking clarity to the legal situation. As a law firm specializing in visa and immigration law, we explain why moving to Germany is legally permissible even after temporary registration in another EU country and how affected academics, young professionals, and employers can effectively enforce their rights.

What significance does the ruling of the Chemnitz Administrative Court have for the protection status under Section 24 of the Residence Act?

The Chemnitz Administrative Court, in its decision of June 22, 2026 (Case No. 6 L 862/25), clarified by way of preliminary legal protection pursuant to Section 80 Paragraph 5 of the Code of Administrative Court Procedure that a previous protection status in another EU member state does not preclude the granting of a residence permit pursuant to Section 24 Paragraph 1 of the Residence Act in Germany, provided that the protection in the first country was effectively waived.

In the case at hand, a Ukrainian national initially entered Poland, where he was granted temporary protection. Shortly thereafter, he explicitly renounced this status to the Polish authorities (which was officially recorded in the Polish PESEL register) and traveled on to Germany to live with his family . The German immigration authorities rejected his application for a residence permit , ordered him to leave for Poland under threat of deportation, and imposed a multi-year entry and residence ban. The court rejected this administrative practice: The mere fact that a previous protection status in another EU country does not preclude the granting of a residence permit in Germany, as long as the previous status has expired.

Why do immigration authorities refuse residence permits despite changed circumstances?

In our daily legal practice, we regularly encounter instances where immigration authorities misinterpret the recitals of European regulations and directives. During hearings, authorities frequently cite Implementing Decision ( EU ) 2025/1460 and guidance documents from the Federal Ministry of the Interior (BMI). These documents recommend rejecting applications if applicants have already received protection in another Member State, in order to prevent double social benefits and multiple registrations.

The Chemnitz Administrative Court, however, made a precise distinction: The European regulations are intended only to prevent the simultaneous use of dual protection rights . They do not restrict the European freedom of movement of displaced persons in such a way that protection once granted permanently bars a change of residence. Those who relinquish their protection status in their first country are merely exercising their right to choose their country of residence, enshrined in EU law.

When does a waiver of protection status in another EU country occur?

Relinquishing a residence permit granted in the first country legally results in the termination of that specific national title. It is important to distinguish here between the specific residence permit and the overarching protection status:

• The European protection status arises directly from Union law ( Article 2 of Implementing Decision ( EU ) 2022/382 ) and is generally retained by persons within the protected group.

• The national residence permit (in Germany regulated by § 24 AufenthG ) is merely the administrative implementation of this protection at the national level.

If a skilled worker declares to the authorities of their country of origin that they are relinquishing their residence permit there – for example, documented by a corresponding register extract such as the Polish PESEL system – their right of residence there expires. German authorities may not automatically interpret a relinquishment of the local residence permit as a relinquishment of their entire European protection status.

How can applicants achieve seamless protection and legal certainty in Germany?

As soon as a qualified professional enters Germany and applies for a residence permit , the so-called deemed permit provision of Section 81 Paragraph 3 Sentence 1 of the Residence Act applies, provided the conditions of the Ukraine Residence Transitional Ordinance ( Section 2 Paragraph 1 Ukraine Residence Transitional Ordinance ) are met. This legalizes their stay in Germany until the authorities make a decision.

If the immigration authorities nevertheless reject the application and issue a deportation order pursuant to Section 84 Paragraph 1 Number 7 of the Residence Act , an objection does not have suspensive effect by law. At this critical moment, the applicant faces the immediate loss of their right of residence and the possibility of obtaining a work permit.

In such situations, we immediately obtain preliminary legal protection for our clients through the administrative court pursuant to Section 80 Paragraph 5 of the German Code of Administrative Procedure (VwGO ). The court orders the suspensive effect of the legal remedy, thereby suspending the enforceability of the deportation order and maintaining the deemed permission to remain in effect. Without swift judicial intervention, those affected face the termination of their stay, and employers risk the abrupt loss of valuable skilled workers .

Conclusion: Effective law enforcement protects against incorrect official decisions.

The decision of the Chemnitz Administrative Court strengthens the rights of qualified Ukrainian professionals , expats, and young professionals who wish to legally relocate their center of life to Germany. The blanket argument of the immigration authorities that prior registration in another EU country blocks German protection status under Section 24 of the Residence Act is legally incorrect. If the protection status in the country of origin has been effectively revoked and there is no simultaneous double benefit payment, there is an entitlement to a residence permit .

As a law firm, we support highly qualified foreigners and HR departments in defending against official rejection notices at an early stage, preparing register documents in a legally compliant manner, and successfully enforcing urgent applications in court .