Can Ukrainians in Germany lose temporary protection under certain conditions?
Nation13 January 2025, 11:55 AM
Ukrainians with temporary protection in Germany must renew their status by March 2025 to extend it until March 4, 2026.
Temporary protection in Germany: when can it be revoked?
The German Asylum Act distinguishes between Widerruf (revocation), Rücknahme (withdrawal), and Erlöschen (loss) of protection status.
- Revocation occurs when temporary protection is no longer needed, such as if conditions in the person’s home country improve or their personal circumstances change. The Federal Office for Migration and Refugees (BAMF) conducts these reviews routinely every three years or earlier if new factors arise.
- Withdrawal applies if an applicant provided false information or concealed facts during their application.
- Loss of protection status happens if the individual acquires German citizenship or voluntarily renounces their status.
Unscheduled reviews may occur if:
- The situation in the refugee’s home country improves significantly.
- Personal circumstances change, such as traveling back to their home country, turning 18, recovering from health issues, or converting religion.
- The individual applies for family asylum, permanent residence, or citizenship, or is convicted of a serious crime.
Additionally, written asylum applications without personal hearings may trigger a reassessment.
How to understand that a Widerrufsverfahren has been launched against a person and what to do in such a case
The Federal Office for Migration and Refugees (BAMF) typically notifies individuals by mail when initiating a Widerrufsverfahren (revocation procedure). The notice may require submitting documents or medical reports, providing fingerprints, answering questions in writing, or attending an in-person hearing. If the requirements are reasonable, compliance is necessary.
Individuals can request written clarification if the requirements seem unacceptable. Failure to cooperate may result in a fine (Zwangsgeld), and the BAMF may decide on protection status without the individual’s input.
If cooperation is impossible, the BAMF must be notified in writing, with supporting documents like medical reports sent via registered mail (Einschreiben mit Rückschein).
In some cases, the BAMF may proceed with the examination without direct participation, asking the individual to respond in writing. If there is no reply within a month, the decision will be made without their input.
Ukrainians in Germany — what to do if temporary protection is revoked
If you are under investigation regarding temporary protection, promptly contact a lawyer or legal advisor. You can also notify the migration office that you will respond to their questions and requests after they provide all collected data about you, a process known as requesting file access. This allows you to review the information the office has on file.
Gather all documents that demonstrate your continued need for protection or that supported your initial application.
If your temporary protection is revoked, you will receive a written decision, which can be appealed in the administrative court (Verwaltungsgericht) in your area within two weeks. Seek legal assistance in the German region where you reside.