What happens to Ukrainian overstaying 90 days in the EU?
- By
- Aparna Patel
- |
- 3 Aug, 2023
- |
The 90/180 day rule presently does not apply to Ukrainen citizens and 3rd country residents who have stayed in Ukraine, but the Directive 2001/55/EC, which allows Ukrainian citizens and 3rd country residents to stay or remain (in Germany presently until 2022-08-31) without further application.
Residence permits can be appled for by Ukrainian citizens, and 3rd country residents who have stayed in Ukraine, in Germany.
Poland will have similar rules, possibly even more generous.
Your Ukrainian friend should have no worry about overstay problems per se, but applying for a residence permit may be a good idea for any future travelling inside the Schengen Area since it serves as proof that the intial conditions have been officially confirmed.
(Unofficial site) Residence Law Issues for People from Ukraine in Germany:
All persons who travelled from Ukraine to Germany after 24 February 2022, may stay in Germany until 31 August 2022. The regulation [based on Directive 2001/55/EC] also applies to other third-country nationals who have stayed in Ukraine. Originally this regulation was valid until 23 May 2022, but it was extended until 31 August 2022.Ukrainian nationals with residence or habitual abode in Ukraine who were not in Ukraine on 24 February 2022 but were abroad, for example for a holiday or an internship, may also enter Germany and stay here until 31 August 2022. The same applies to refugees recognised in Ukraine with protection status under the Geneva Refugee Convention or other international or national protection.
Ukrainian nationals who have already legally stayed in Germany for a short stay on February 24, 2022 (based on a visa-free stay or with a Schengen visa), can also stay in Germany until 31 August 2022, according to this regulation.
This results from the regulation of the German Federal Ministry of the Interior and Community, which is valid from 9 March 2022. It applies retroactively. This means that all entries of refugees from Ukraine after 24 February 2022 become legal entries.
All persons who travelled from Ukraine to Germany after 24 February 2022, may stay in Germany until 31 August 2022. The regulation also applies to other third-country nationals who have stayed in Ukraine. Originally this regulation was valid until 23 May 2022, but it was extended until 31 August 2022.
Ukrainian nationals with residence or habitual abode in Ukraine who were not in Ukraine on 24 February 2022 but were abroad, for example for a holiday or an internship, may also enter Germany and stay here until 31 August 2022. The same applies to refugees recognised in Ukraine with protection status under the Geneva Refugee Convention or other international or national protection.
Ukrainian nationals who have already legally stayed in Germany for a short stay on February 24, 2022 (based on a visa-free stay or with a Schengen visa), can also stay in Germany until 31 August 2022, according to this regulation.
This results from the regulation of the German Federal Ministry of the Interior and Community, which is valid from 9 March 2022. It applies retroactively. This means that all entries of refugees from Ukraine after 24 February 2022 become legal entries.
Credit:stackoverflow.com‘
Search Posts
Latest posts
-
5 Mar, 2024
Passing through airport security with autism
-
4 Mar, 2024
Can I accidentally miss the in-flight food?
-
5 Mar, 2024
Why prohibit engine braking?