Residnce permit in accordance with Section 24

Dear Ruslana thank you for reaching out to us.
To understand the situation of your colleague and her/his family better, may I ask if they left for Poland 2 days before the war began as tourist (you mentioned February, 22nd 2022)? What was their residence permit from that date to spring 2023? Did they already applied for a protection status somewhere in the EU, e.g. Poland?
happy if you get back to me, so I can give you a more precise answer.

Hello,
Thanks for reviewing my request.
Yes, please, the details you need are as follows:

My colleague and her family members left Ukraine a few days before full-scale war started as tourists, on the basis of their biometric travel passports.
They didn`t apply for temporary protection (PESEL UKR) in Poland as they were not eligible, although after 90th day of staying in Poland their legal stay was automatically extended up to 18 months without the obligation to obtain any kind of permit, according to a special law for Ukrainians who can`t safely return home (https://dziennikustaw.gov.pl/D2022000058301.pdf).
The family didn`t apply for Temporary Protection Status in other countries. They were continuously staying in Poland until April 2023. Only in April 2023, my colleague traveled to Ukraine for a short-term period due to personal reasons, where she applied for a Poland Business Harbour visa (for herself and her family members) in order to be able to re-enter Poland and rejoin with family in a safe place. PBH visa for all family members is still valid until May 20, 2024.

Please let me know if everything is clear and if there is anything else you need to know about the family's situation.
We want to know if they are eligible for temporary protection in Germany.

Thanks for all the information, Ruslana
It seems like she and her family will need to either wait until their PBH visa in Poland expired or they can cancel it in order to be able to apply for a protection status in Germany. They should make sure that their current visa is not valid anymore, otherwise it won't be possible to apply for a protection status in Germany.
Based on your provided facts, that they never applied for any protection status in any other EU country, it seems very likely that they will be eligible to receive §24.
If you or your colleagues family need more information, please let me know.
Wish you and them all the best!

Many thanks! I will update my colleague.

Just for me to understand eligibility criteria in general: does the fact that a person earlier applied for protection status in any other EU country result in a refusal to provide §24 in Germany? From my understanding, if an eligible person cancels temporary protection status in a previous EU country, he/she has the right to apply again in a new EU country, including Germany.