Temporary protection or refugee status: what Ukrainians need to know

Temporary protection and refugee status: what is the difference

2022-03-25
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More than 3.5 million of our compatriots have already left Ukraine because of the war. Following the countries of the European Union, Ukrainians should be legalized. It should be noted that in addition to the well-known refugee status, another instrument has come into force - temporary protection.

On March 4, 2022, the Decision of the EU Council published in the Official Gazette of the European Union was adopted and entered into force, which allowed Ukrainians evacuated due to the war to receive temporary protection in European countries.

So, the question arises: what status to choose - temporary protection or refugee? What Ukrainians need to do in order to obtain the appropriate asylum, how long they can stay in this status and other useful information - in the new material.

The State Border Service explains the differences in legal statuses.

Yes, temporary protection can be used by:

  • citizens of Ukraine;
  • foreigners who legally resided in Ukraine;
  • persons of third countries without citizenship fleeing the war in Ukraine.

Temporary protection can be obtained in any EU country by applying for permission to the migration service of the country.

Rights granted by temporary protection:

  • access to housing;
  • arrange for children to study;
  • receive medical and social assistance;
  • instant job opportunity

When applying for temporary protection, a person can choose his place of residence. The document is valid for one year (until March 4, 2023). With the continuation of hostilities, temporary protection is automatically prolonged.

You can return to Ukraine with temporary protection at any time by notifying the migration service about it. Also, a person has the opportunity to travel to other EU countries for 90 days.

Refugee status can be obtained by anyone fleeing or hiding from war. You can get refugee status only in the country with which you first crossed the border. Like temporary protection, refugee status provides social guarantees for the protection of health and children, but excludes the possibility of instant employment.

The procedure for obtaining refugee status is quite lengthy (from 6 months) and a person cannot find a job while the application is being considered (even if this person worked in this state before that time).

Refugee status gives the right to reside in the territory of the chosen state indefinitely, but can be withdrawn immediately if there are grounds for its revision. The cessation of the war in Ukraine is not grounds for deprivation of refugee status. Unlike temporary protection, which gives a person the right to choose housing at his own discretion, the state will determine the place of residence of those who apply for refugee status. It is forbidden to change the place of residence or leave the country.

You can read more about how to get asylum in Europe on the Visit Ukraine.today website.

You should be aware that the authorities of the EU Member State you are crossing the border must inform of the right of any person to receive temporary protection. Which status to choose is a free decision of every citizen of Ukraine. But remember, if you intend to return to Ukraine as soon as possible, then it is better to receive temporary protection.