Ukraine's refusal to issue foreign passports to men abroad who had not registered for military service caused a legal conflict in Germany. Meanwhile, the political debate about their status is gaining momentum.
Ukrainian men subject to mobilization, who are in Germany and do not want to register for military service in their homeland, to be deprived of monetary benefits. That's one of the suggestions being heard in Germany since Ukraine's foreign ministry suspended issuing new passports and other consular services to men abroad.
"There are at least 200,000 Ukrainian men in Germany who are fit for mobilization - and who are not enough for Ukraine to be able to defend itself," CDU MP Roderich Kieseweter said in this regard. He is known for his firm stance on helping Ukraine with any weapon so that the country can repel Russian aggression. According to Kiesewetter, the support for Ukraine is also expressed in the mobilization of Ukrainians who are in Germany. According to him, the Federal Republic could even help in serving the subpoenas.
CDU leader Friedrich Merz is far from being so categorical. He stated to DV: "The governments of Germany and Ukraine must together find a solution for the Ukrainian refugees in the Federal Republic. There is no place here for unilateral decisions by Germany". And a representative of the German Foreign Ministry told DV that he is not aware of the existence of plans to revise the conditions for social payments for Ukrainian men.
Will Ukrainian men be left without protection in Germany?
The law on the residence of foreigners in Germany provides for identification as a condition for obtaining status. The current temporary protection is granted to Ukrainians by virtue of Article 24 of this law, and this means that a conflict arises that may call into question the extension of protection for Ukrainians whose passports are expiring, lawyer Peter von Auer told DV. "In order to fulfill the requirement under this law, a person must have a valid passport. If there is no valid passport, a replacement document issued in Germany must be available. Therefore, for those who cannot get a passport at the Ukrainian consulates, the issue of obtaining a German document becomes extremely urgent," the lawyer explains.
At the same time, the German Foreign Ministry reassures Ukrainians with expired passports: for the moment, a simplified procedure applies to them, according to which the identity card can replace the foreign passport. In this situation, the non-renewal of the Ukrainian passport will not lead to an immediate loss of the temporary status, which guarantees protection to those fleeing the war in Ukraine.
The temporary protection that the EU provides to Ukrainians fleeing the war is valid only until March 2025. And it is not known what will replace it. Migration lawyer Andreas Becher told DV that without a valid Ukrainian passport or a German document replacing it, problems could arise for Ukrainians wishing to change their status from temporary protection to a long-term residence permit in Germany. It is about all those who have a job and earn enough - for example, within the framework of the "Blue Card" program.
Foreigners, however, do not get a German document so easily - it is checked in each individual case whether the applicant has made sufficient efforts to obtain a passport from his country. According to lawyer Andreas Becher, Ukrainians have good reasons to obtain a German document replacing their passport. "Ukrainians are forced to return to their homeland to get a passport. But we cannot see this as an acceptable requirement - because it means being sent to a country where war is being waged. And yet it is about people to whom we have provided protection from the war," says Becher.
What will happen from now on with Ukrainian men in Germany?
"For now, things remain unchanged - each department on the spot will decide individually whether to issue an analogue of the German foreign passport to the corresponding foreigner," the spokesman of the German Interior Ministry told DV.
But given that there are no uniform Germany-wide regulations on whether to issue German documents to Ukrainian men with expired passports, different provinces could approach this issue differently. The Minister of the Interior of the state of Hesse, Roman Pozek of the CDU, for example, believes that Germany should not issue German documents to Ukrainian men that can be used to authenticate their identity. Ukraine is a country governed by the rule of law, so Ukrainians can be expected, if necessary, to go to their homeland to get a passport, says the politician.
Deputy from the Green Party, Anton Hofreiter, is of the opposite opinion: "I think that the Ukrainian army will not become stronger by the fact that people who do not want to fight at all will be forced to do so".
While politicians are still searching for a consensus, local immigration authorities seem to have taken a wait-and-see position. In Cologne, for example, they do not issue documents to Ukrainians at all, and in Hamburg and Munich they expect agreed administrative explanations. On this occasion, the lawyer Peter von Auer warns that if a common approach is not established, there will be a mess - each province will approach it in its own way.
Without German documents to replace expired Ukrainian passports, after March 2025, Ukrainian men will have to apply for asylum in order to stay in Germany, lawyer Becher suggests. "Refusal to participate in military actions can be considered as a reason for submitting an asylum application. And the processing of such requests lasts for years. In any case, I can't imagine that anyone will deport men from Germany to Ukraine while the war is going on," notes Becher. DV and other lawyers say that by restricting the issuance of passports it is practically impossible for Ukrainian men to be returned to Ukraine.