Many residents of Germany have relatives and friends in Ukraine and ask whether residents of Ukraine can «wait out» the difficult time in Germany in one way or another. At the time of writing, the German Foreign Ministry does not consider visits to Ukraine to be life-threatening, only advises avoiding crowds and forceful dispersal of demonstrations.
Of course, Ukrainian citizens can enter Germany with a regular tourist visa. The German embassy, during times of heightened internal tension, scrutinizes visa applications with particular care. The slightest hint of the applicant's unwillingness to return will lead to a visa refusal. Of course, applicants must provide truthful information about themselves and their intentions to the embassy. If the decision is positive, they can expect a visitor visa for up to three months.
There are currently many questions regarding the possibility of obtaining asylum in Germany. In this regard, I remind that the right of asylum is granted to specific individuals who are persecuted by the state for political, national, religious, or other individual reasons. Persecution by private individuals or groups is not considered grounds for political asylum. A merely tense political situation in the country also cannot serve as a reason. Nor are threats that affect the entire population of a state considered grounds for asylum.
In Germany, there is such a term as «refugee shelter from war». As an example, I can name the group of Israelis during the First Gulf War, Syrian and Yugoslav refugees. After the end of hostilities, most of these war refugees returned to their country of residence (except for the Syrians). The decision to accept Syrian and Yugoslav war refugees was made at the country's leadership level in conditions of mass hostilities that covered a significant part of the country's territory. So far, one cannot speak of the collapse of the Ukrainian state or a state of civil war. I sincerely hope this can be avoided.
German Foreign Minister Frank Steinmeier invited AutoMaidan activist D. Bulatov, who was subjected to violence by unknown persons, to the country for treatment. Some oppositionists may refer to persecution by the state. In this case, they may be granted temporary asylum in Germany, based on protection from deportation circumstances. At the same time, I want to emphasize that the Federal Office for Migration and Refugees thoroughly checks all asylum applications.
During the consideration of an asylum application, applicants are placed in hostels of varying quality, often in remote areas. The applicant is obliged to live at the place of assignment and comply with all other instructions from the office. The period for reviewing the application and making a decision may take several months. It is possible to appeal a negative decision in court. Asylum seekers receive medical and social assistance within the framework of the Asylum Seekers Benefits Act.
Local German immigration offices can extend a visitor visa for up to six months. Some immigration offices may also consider the applicant's situation in Ukraine as threatening and extend the tourist visa. After the visa period expires, a Ukrainian resident will have to return home. However, it must be taken into account that the German embassy in Ukraine may critically assess this perfectly legal visa extension within the country and refuse to issue a new visa for entry into Germany, citing the applicant's unreliability.
German border guards typically compare the visa validity period with the return ticket date. If the return ticket date exceeds the visa validity, they may consider this as unwillingness to return, deny entry to Germany, and deport. I have witnessed such cases at Frankfurt am Main Airport.
Some Ukrainian citizens feel persecuted for political or national reasons by certain groups. I won't say that all of them will be able to find refuge in Germany. On the other hand, in conditions of open and video-recorded violent confrontation, some individuals will be able to prove persecution by state structures and indeed receive asylum in the Federal Republic of Germany. That is what the German asylum law exists for.
Short-term extension of a visitor or tourist visa, on the contrary, is an unreliable way to avoid the tense situation in Ukraine. One should carefully consider the application for visa extension to the immigration office. The application must clearly reflect the desire to return to Ukraine after the resolution of the crisis situation and confirm the short-term nature of the stay in Germany.
T. PUE,
German lawyer.