What will happen to Ukrainians in Germany after the end of Section 24 of the Aufenthaltsgesetz? We examine the facts and myths.

Recently, more and more "advisors" have appeared in the public space, in comments, chats, and social networks, actively discussing what will happen to people in Germany under §24 Aufenthaltsgesetz (temporary protection) after this regime ends.

One often encounters alarming claims that, supposedly, after the end of temporary protection, people will automatically lose their right to stay. In practice, the situation is different, and German immigration law contains a fairly clear legal mechanism that many are simply unaware of.

Currently, the temporary protection regime for Ukrainian citizens has been extended until March 4, 2027. However, it is important to understand what will happen next and what legal instruments exist. If a person applies for another type of residence permit before their current residence permit expires, the so-called fictitious effect (Fiktionswirkung) comes into effect (§81 Abs. 4 Aufenthaltsgesetz). This means that while the Foreigners' Office is reviewing the application, the person's stay in Germany remains legal, even if the previous residence permit has formally expired. Simply put, the person does not become illegal and does not automatically lose their rights. In most cases, the right to work is also retained. In such situations, the Ausländerbehörde typically issues a special document (already familiar to us) called a Fiktionsbescheinigung (Fiction Certificate), which confirms this status while the application is being processed.

This is a standard mechanism in German immigration law, which has been in place for many years and allows people to smoothly transition from one status to another. Therefore, it's important to understand: the end of temporary protection does not automatically mean the end of legal residence. The system provides a legal transition mechanism. The main requirement is to apply for another type of residence permit in a timely manner.

This is when this very “fiction effect” arises.

I recommend analyzing possible options for future status in advance - work, education, entrepreneurship, or other grounds for residence.

German law is quite flexible, but it requires one simple condition: to act in a timely and legally competent manner.