Does "temporary protection" make it possible to travel freely if visa-free days are over
The other day, Ukrainians who left for the European Union in February (starting on February 24) have expired their visa-free periods. That is the opportunity to legally stay in the EU.
It will be recalled that the introduction of a visa-free regime allowed Ukrainian citizens to travel to the Schengen member states without the need to obtain an entry visa to the destination state.
The visa-free regime allows short-term stays in EU member states (excluding the United Kingdom and Ireland) and other Schengen member states for up to 90 days for 180 days. Visa calculator can be found here.
As obtaining international or temporary protection under the Temporary Protection Directive 2001/55/EC allows you to live, study, work and receive social security for at least 1 year (depending on the situation in Ukraine - up to 3 years), the question arose, and how about travel?
Does "temporary protection" allow you to travel within the EU or make short trips to Ukraine and back?
What happens when 90 days of visa-free travel are used?
It is logical that the status of temporary asylum should suspend visa-free travel. And so it is, in those countries that issue national ID to Ukrainians, for example, the Netherlands (issue IND).
If we consider the example of Poland, the receipt of PESEL UKR should allow short-term departures, regardless of how many Ukrainians are already in the country under protection. But this is not the case. Let's understand.
On May 27, the Embassy of Ukraine in the Republic of Poland published the news:
The Law of the Republic of Poland "On Assistance to Citizens of Ukraine in connection with the armed conflict" of March 12, 2022 provides for the possibility of legal stay of citizens of Ukraine in Poland for 18 months starting from February 24, 2022. such a right is lost only if a citizen of Ukraine has left the territory of Poland for more than a month.
Nevertheless, the Embassy has received many appeals and complaints that Polish border guards do not allow Ukrainian citizens into Poland, arguing that they used 90 days of visa-free travel.
In this regard, the Embassy sought clarification from the competent authorities of the Republic of Poland. "
That is, the Embassy of Ukraine is currently waiting for clarification from the Polish Border Guard Service on the expiration of 90 days of visa-free travel.
Ukrainians who have been refused to return to Poland even with a biometric passport and PESEL UKR also contact the hotline of our portal.
There are also those who personally applied to Polish border guards and received an unsatisfactory answer - if visa-free travel is exhausted, without a valid visa or a Polish Card, or stay outside the EU for 90 days, entry will be prohibited.
As well as those who have received clarifications from lawyers who claim that in accordance with the statutes art.11ust.1 Uprawnienie, o którym mowa in art.2.ust.1 is independent of other administrations to entry and residence in the territory of the Polish Rzeczpospolita , wynikających z przepisów prawa (Article 11 (1) The right referred to in Article 2 (1) is independent of other rights of entry and stay in the territory of the Republic of Poland, arising from the provisions of law), a Ukrainian with temporary protection must be released back to Poland.
That is, we have 3 options: the embassy is waiting for clarification, Straż Graniczna replies that the re-crossing is illegal, and lawyers insist that entry should be allowed.
In addition, there is an official announcement from the Polish Embassy in Cairo that Ukrainians under temporary protection who have exhausted their visa-free days and left for Egypt will NOT be allowed on board without a valid visa.
The situation is difficult, so our advice: if you do not have an urgent need to visit Ukraine (or go to another country outside the EU), wait until the authorities agree on the issue of exhausted visa-free travel.
And remember that with all the benefits and advantages provided by PESEL UKR, it is still NOT a residence permit.
Regarding intra-EU movements. Yes, there are no borders, but such a trip is illegal and entails consequences if you still get a document check, for example, from the traffic police.
As soon as the Embassy of Ukraine provides an official response to the appeal to the Polish Border Guard Service, we will definitely write.
Earlier we reported that Ukrainians receiving assistance in Poland will have to report leaving the country for more than 30 days.
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