Ukraine: Settlement permit under Section 24 of the Residence Act?

Since the beginning of Russia's war of aggression, hundreds of thousands of Ukrainians have found refuge in Germany. The residence permit under Section 24 of the German Residence Act (AufenthG) offers quick and unbureaucratic access to residency, employment, and social security. However, many of my clients are now asking a more fundamental question: How can this temporary protection be converted into permanent residency , in particular a settlement permit ? This question is legally complex – and frequently misunderstood in practice.

Why a settlement permit under Section 24 of the Residence Act is problematic

According to the applicable General Administrative Regulation on the Residence Act, No. 26.4.3 AVV AufenthG generally excludes the granting of a settlement permit to holders of a residence permit under Section 24 of the Residence Act (“ Section 26 paragraph 4 does not apply to foreigners under Section 24, [...] since these provisions expressly only apply to the

(regulating temporary residence in Germany.” ). The underlying assumption is that temporary protection under EU Directive 2001/55/EC may only be granted for a maximum of three years. Permanent residence prospects should not arise from this provision .

This legal interpretation, however, is increasingly being called into question, as reality paints a different picture. Temporary protection has now lasted for more than three years . This raises the very concrete question of whether the categorical exclusion of permanent residency is still appropriate and legally tenable . A ruling from the highest court is still pending, which is why immigration authorities continue to act very cautiously. In practice, however, this initially means that anyone relying solely on Section 24 of the Residence Act will only be able to pursue a permanent residency permit with considerable legal uncertainty.

Residence permit at the discretion of the authorities

Should the current legal interpretation prove untenable, a settlement permit pursuant to Section 26 Paragraph 4 in conjunction with Section 9 Paragraph 2 of the Residence Act could be considered at the discretion of the authorities. The requirements essentially correspond to those of other humanitarian residence permits. These would include, among other things, five years of holding a residence permit , 60 months of pension insurance contributions, proof of sufficient means of subsistence for the core family living in Germany, German language skills at least at level B1, basic knowledge of the German legal and social system , adequate living space, and a valid passport.

The practically feasible way: changing the residence permit

Legally possible, however, does not mean practically enforceable . Without a prior change of residence permit , indefinite residence under Section 24 of the German Residence Act (AufenthG) remains largely theoretical for Ukrainians . From a legal perspective, changing the permit is the crucial step. Anyone wishing to remain in Germany long-term should switch from a residence permit under Section 24 of the Residence Act to a different residence permit that is explicitly intended to be permanent.

Of particular relevance here is the transition to a residence permit for the purpose of employment, such as the one granted to skilled workers under Section 18b of the German Residence Act (AufenthG) . Other permits – for example, for vocational training , university studies , or self-employment – may also be considered. The crucial point is that these residence permits open up legal prospects for a later permanent residence permit . The requirements for a permanent residence permit vary considerably depending on the type of residence permit. This applies especially to the required prior residence period, but also to issues of securing one's livelihood and pension insurance contributions . This is precisely where the advantage of a timely transition lies: periods of residence can be used strategically and geared towards a long-term perspective.

Conclusion: Plan ahead instead of waiting.

The residence permit under Section 24 of the German Residence Act (AufenthG) was intended as a protective measure – not as a permanent solution. Even though the legal framework continues to evolve, the direct path from Section 24 to a permanent residence permit remains uncertain (even if the wording of Section 24 of the Residence Act does not explicitly allow for this). Anyone wishing to live permanently in Germany should therefore not wait, but take proactive steps. Legal experience shows that the earlier the transition to a permanent residence permit occurs, the greater the chances of later obtaining a permanent residence permit. An individual legal review is essential, as one's resume, qualifications, and family situation play a crucial role.