Will Ukrainians require an exit permit in the future? EU Commission's proposed amendments to the protection provisions of Article 24.

The dynamic nature of migration law demands constant vigilance from internationally operating companies and highly skilled workers. The latest initiative by the EU Commission brings about profound changes to the residency status of Ukrainian citizens . While the proposed extension of temporary protection until March 4, 2028, may seem like a relief at first glance, it conceals a strategic U-turn. In particular, for conscripted men and German human resources departments that rely on academic specialists from Ukraine , a phase is now beginning in which simply waiting could lead to existential risks for personnel planning.

What specific changes is the EU Commission planning regarding the protection status?

The official proposal from the EU Commission envisages the collective protection mechanism that exists in Germany via the The residence permit under Section 24 of the German Residence Act (AufenthG) will be extended for another year. This is intended to guarantee legal certainty for the 4.37 million people already registered within the European Union. However, the crucial restriction applies to newly infected individuals and those entering from Ukraine after the new regulation comes into effect . Conscripts between the ages of 23 and 60 will no longer receive automatic protection unless they can present an official exit permit from the Ukrainian authorities . This typically affects men between the ages of 25 and 60, as well as young men aged 23 and older who are already on the military reserve lists.

How is the authenticity of the exit permit verified in practice?

Behind the scenes at migration authorities, this control mechanism raises complex administrative questions. It is expected that coordinated processes and digital matching procedures will be established between EU member states to verify the validity of Ukrainian military documents. Nevertheless, our experience in visa law shows that document forgery and verification bottlenecks can lead to significant delays in administrative practice . For HR departments, this means that a thorough pre-approval of documents is essential when hiring new professionals in this sector, as unclear documentation can quickly lead to lengthy review processes by immigration authorities .

Why is an immediate change of course essential for employers and skilled workers?

Given that Section 24 of the German Residence Act (AufenthG) is only valid until 2028 at the latest, the EU Commission is explicitly urging member states to accelerate the transition to regular residence permits . Our urgent recommendation as a law firm is therefore: Companies and highly qualified employees should complete the transition to regular work permits as quickly as possible. Those who meet the requirements for the EU Blue Card (§ 18g AufenthG) or a Those who meet the requirements for a residence permit for skilled workers with academic qualifications (§ 18b AufenthG) should not wait until the end of the protection period in 2028. Changing their status early completely decouples the employee's residency status from the politically volatile special regulations of the Ukraine protection scheme and secures the urgently needed skilled worker for the company in the long term.

What legal problems can arise with expired passports?

A significant practical problem is already emerging: Ukrainian consulates are refusing to extend passports for conscripted men abroad. When protection under Section 24 of the German Residence Act (AufenthG) expires and no regular passport is held, those affected find themselves in a state of legal limbo. This leads to a fierce legal battle before the administrative courts , where the migration policy interests of the German authorities and the protection interests of the applicants directly clash. Whether, in such cases, a German passport can be issued to foreigners under Section 5 of the German Residence Ordinance (AufenthV) , or a discretionary tolerated stay can be granted, depends largely on the individual strategy and the reasonableness of obtaining a passport. Here, too, the following applies: those who switch to a residence permit for the purpose of employment in a timely manner have a far stronger case when arguing with the immigration authorities .

Can affected individuals undergo an asylum procedure instead?

If automatic protection ceases, the constitutional right to apply for asylum remains unaffected. However, this is rarely the optimal path for well-educated young professionals and academics. An asylum procedure leads to an individual assessment, in which, according to established case law, mere conscription into military service does not automatically grant refugee status. Furthermore, under the restrictions of Section 10 of the German Residence Act (AufenthG) , a pending asylum procedure generally blocks a straightforward transition to a residence permit for the purpose of employment. The focus should therefore always remain on economic immigration pathways.

Conclusion

The EU Commission's plans clearly demonstrate that the special status for Ukrainian refugees has an expiration date. For companies and their highly skilled international employees, now is the right time to transition from temporary emergency aid to permanent legal consolidation. A timely switch to a regular work permit protects those affected from the uncertainties of potential passport loss and ensures employers the continuity of their HR planning. As an experienced law firm, we will strategically support you during this transition to mitigate any legal pitfalls early on.