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05 Apr. 2022


Is it possible to obtain temporary protection in several EU countries?

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Is it possible to obtain temporary protection in several EU countries?

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Temporary protection is a special mechanism of shelter in the EU, which was activated for Ukrainians fleeing the war by EU Directive 2001/55 / ​​EC. Unlike the status of international protection, temporary protection provides a simplified and faster procedure for obtaining a residence permit in the EU for up to 3 years and immediate access to fundamental rights immediately after obtaining this permit - employment, health care, social benefits and more.

Since the decision applies to almost all EU countries, Ukrainians can legally stay on the status of "temporary protection in virtually any EU country. The principle of temporary protection provides for the free choice of the country in which a citizen of Ukraine wishes to enjoy the rights of temporary protection. For example, a citizen of Ukraine can enter the EU through Poland, but apply for temporary protection and obtain a residence permit in Germany. In this case, you will also stay in Poland or any other country of entry legally and without applying for temporary protection, as there is a 90-day visa-free regime between Ukraine and the EU for citizens with a biometric passport. Even in the absence of a biometric passport, entry into the EU is still allowed for humanitarian reasons.

However, many of our citizens are wondering whether it is possible to obtain temporary protection in several EU countries at the same time. There may be several reasons for this - someone hurried to get a permit in one country and then decided to move to another, and someone just wants to receive social benefits from several countries. However, the principle of such shelter involves obtaining a residence permit and related rights in only one country. The European Commission writes in this regard: "Citizens of Ukraine, as travelers under the visa-free regime, have the right to move freely within the European Union after entering its territory for 90 days. On this basis, you can choose the Member State in which you want to enjoy temporary protection rights and join your family and friends in the Member State where they are located. Once a Member State has granted you temporary protection, you are still entitled to travel within the European Union for up to 90 days in a 180-day period, but you will only be able to enjoy your temporary protection rights in the Member State that granted you temporary protection. you have a residence permit. However, another Member State may also decide, on a discretionary basis, to issue you another residence permit. The Temporary Protection Directive applies in all EU Member States except Denmark. It does not apply in other Schengen countries (Switzerland, Norway, Liechtenstein, Iceland).

So, all that the EU fully guarantees is the provision of temporary protection in one of the member states at the choice of Ukrainians. However, the EU does not prohibit granting temporary protection to Ukrainian citizens for the second time if it has already been granted in one of the EU member states. And it is not surprising, because the EU cannot forbid this - in fact, temporary protection is in fact a residence permit issued by each individual country, not the Union. This means that the decision to grant "second" temporary protection is up to the country to which you apply. According to the statement of the European Commission, this can happen on a discretionary, ie individual basis.

Therefore, if you have already received temporary protection in one of the EU countries and want to get it again in another - we recommend contacting the embassies of the country you are going to, in the country of your stay. For example, if you have received temporary protection in Poland, but also want to receive it say in Germany, please contact the German Embassy in Poland for clarification. If you refuse, you will still be able to go to Germany or whatever, but you will have the right to stay for 90 days without a visa and will not be able to claim the rights provided by the temporary protection.