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15 Oct. 2022

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Opportunities, duties and rights of Ukrainians who left for the EU due to the war and received temporary protection

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Opportunities, duties and rights of Ukrainians who left for the EU due to the war and received temporary protection

An insurance policy is a guarantee of your safety and peaceful stay outside of Ukraine
An insurance policy is a guarantee of your safety and peaceful stay outside of Ukraine
BUY


Citizens of Ukraine, who left the territory of our state in connection with the beginning of the full-scale war of the Russian Federation against Ukraine, have the opportunity to stay in the territory of EU member states within the framework of the following instruments for regulating the legal status of foreigners:


- within the visa-free regime for a period of up to 90 days (in the presence of a valid biometric passport of a citizen of Ukraine for travel abroad);

- in the status of a person who has been granted temporary protection in the EU for a period of up to 1 year in accordance with the Implementing Decision of the Council of the EU No. 2022/382 of March 4, 2022.


Since each country implements the status of a person granted temporary protection in its own legislation with certain differences, it is better to contact the official authorities of the host country for detailed information.


Temporary protection


Temporary protection provides protection for displaced persons, in particular from areas of armed conflict. It guarantees a residence permit in EU countries, as well as the rights associated with it.


Temporary protection is not refugee status. However, persons who have received this protection can apply for refugee status at any time.


Persons granted temporary protection:


1) citizens of Ukraine who went abroad after February 24, 2022;

2) stateless persons and citizens of third countries who were in Ukraine under international or national protection until February 24, 2022;

3) family members of persons specified in points 1) and 2).

In particular, the spouse (including those who are in a civil marriage, in case of recognition by the relevant EU state) and their minor unmarried children, as well as their close relatives who lived with them at the time of the beginning of the full-scale invasion of the Russian Federation, and who are completely or mainly were dependent on the persons specified in clauses 1) and 2);

4) citizens of third countries who legally resided in Ukraine until February 24, 2022, had an official permanent residence permit and cannot safely return to their country or region of origin.


The duration of temporary protection has been extended until March 4, 2024.

Rights of persons enjoying temporary protection:


• residence permit;

• access to work;

• access to education: children under the age of 18 have the right to study in educational institutions under the same conditions as citizens of the host country;

• provision of housing;

• access to social security;

• access to medical care;

• access to information about temporary protection;

• the possibility of obtaining refugee status;

• the possibility to return to the state of citizenship at any time.


The specific rights of persons who have applied for temporary protection are determined by the national legislation of each EU country. To obtain a residence permit, it is necessary to apply to the competent authorities of the host country, which deal with issues of temporary protection.

You can also get the necessary information on our website https://visitukraine.today/departure - just find the country of interest in the search.


Useful contacts


Contact information of relevant bodies of foreign states can be found on the interactive map of the Ministry of Foreign Affairs of Ukraine and on the Facebook pages of embassies/consulates.

You can also get the necessary information, including contacts of Embassies and Consulates and relevant bodies of foreign countries, on our website https://visitukraine.today/departure - just search for the country of interest.

Information from the European Commission regarding the regulation of the legal status of Ukrainian citizens arriving in the EU can be found at the link.


Children's rights


Algorithm of actions in case of violation of the child's rights abroad


Information on the procedure for sending requests through the Ministry of Justice of Ukraine regarding parental responsibility and measures to protect children abroad is posted on the website of diplomatic missions of Ukraine.


Recommendations to adoptive parents and other legal representatives of children who were evacuated abroad during the war:


Adoptive parents and other legal representatives of children who are abroad must always have with them the decision of the guardianship authority or another document that contains information about the family-type orphanage, the transfer of children, placement of a child in a family, etc. This document must confirm the respective powers of guardians and adoptive parents.


Upon arrival abroad, adoptive parents must: inform local children's services about the authority and provide lists of children, enter temporary consular registration, and notify consulates of problematic situations or misunderstandings with local authorities or services (or notify the local authority in Ukraine, indicating the current circumstances and requesting help). In the future, these actions will make it impossible to verify these families and removal of children from families.


There is also an international helpline for children (as well as adults who apply on their behalf) to provide psychosocial and informational support. A list of countries and hotline numbers are available here.