Is it possible to obtain temporary protection in another EU country if the PESEL code has already been issued in Poland?
Inhaltsübersicht
Temporary protection is a special mechanism for the protection of Ukrainians in Europe, implemented by EU Directive 2001/55 / EC of 20.07.2001. Temporary protection provides Ukrainians with access to a wide range of rights - legal stay for up to 3 years, access to employment, medical care, social benefits, etc. In each EU country, temporary protection is introduced through special residence permits - long-term visas, temporary residence permits, etc.
Ukrainians abroad often have the question of whether temporary protection can be used in several European countries. We wrote about this in the article. In short - more likely not than yes. There is no universal right to receive temporary protection in more than one country. "Second" temporary protection may be granted on an individual basis at the discretion of the state to which you have applied for temporary protection for the second time. However, remember that they have every right to refuse.
What about the PESEL code? Is it possible to obtain temporary protection in another EU country if you have received this code?
Temporary protection of citizens of Ukraine in Poland is regulated by the Law of March 12, 2022 "On Assistance to Citizens of Ukraine in connection with the armed conflict in the territory of that state." The Law states that citizens of Ukraine whose stay is legal - on the basis of Art. 2, paragraph 1 (or 2) of the special law - are considered to be persons who enjoy temporary protection in the territory of the Republic of Poland. This means that citizens of Ukraine who entered the territory of Poland since February 24 and announced their intention to remain in the territory of the Republic of Poland enjoy temporary protection on its territory. The PESEL code is obtained through a request, and the code itself gives Ukrainian citizens access to fundamental rights guaranteed by temporary protection. That is, in fact, with the PESEL code, Ukrainians receive temporary protection in Poland. Accordingly, if you received this code in Poland and plan to take advantage of temporary protection in another EU country, it is likely that you may be denied. We advise you to contact the embassy of the country you are interested in in Poland and find out about the possibility of issuing temporary protection there "for the second time".
Even if you will be denied, you will be able to travel to other EU countries for 90 days under the visa-free regime, but remember that if you do not return to Poland within 1 month - your temporary protection in Poland will be revoked and will have to be renewed.
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