The legal basis for this is the Council Implementing Decision (EU) of 4 March 2022 pursuant to Directive 2001/55/EC.
The decision applies to the following persons:- Ukrainian nationals who were habitually resident in Ukraine before 24 February 2022,
- Stateless persons and nationals of third countries other than Ukraine who enjoyed international protection or equivalent national protection in Ukraine before 24 February 2022,
- Family members of the above-mentioned persons
- Stateless persons and nationals of other third countries who can prove that they were legally in Ukraine before 24 February 2022 on the basis of a residence permit issued under Ukrainian law and who are unable to return safely and permanently to their country or region of origin.
Ukrainian refugees who already have a residence permit as a refugee in Poland, for example, can receive a residence permit in Germany under the same conditions as refugees who come directly from Ukraine.