After the start of the full-scale invasion of Ukraine by Russian troops, many of our citizens were forced to seek temporary protection in the EU. But over time, everyone’s circumstances and needs may change, or a desire or urgent need may arise to change the country of residence. Is it possible to do this and what procedure will you have to go through for this — The managing partners of the law firm Murenko, Kuryavyi and Partners Alexander Kuryavyi and Nikita Murenko told the facts to ICTV.
What is temporary protection and what documents regulate it
In connection with the armed aggression of the Russian Federation against Ukraine, many people are seeking protection from military action abroad. The largest number of citizens are now accepted by European countries, which, given the difficult situation in our country, are introducing special assistance programs.
In particular, by crossing the border of an EU member state, a person can obtain refugee status. Also, every Ukrainian has the right to temporary protection.
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— All citizens of Ukraine and members of their families who crossed the border of our state on February 24, 2022 or later have the right to receive this status. Each member state of the European Union, at its own discretion, can decide to provide temporary protection to Ukrainians who arrived in the EU before the outbreak of war for various reasons, such as vacation, business trip or flight from a possible war, — noted by the managing partners of the law firm Murenko, Kuryavyi and Partners Alexander Kuryavyi and Nikita Murenko.
The main document that regulates the receipt of temporary protection by citizens of Ukraine is Directive 2001/55/EC. Taking as a basis the norms set out in the latter, each EU member state develops its own statutes, which determine the stay of such persons, based on its own legislation. That is why the rules regarding this issue may differ depending on the territory in which Ukrainians are located, which means there is a need to study them in detail and monitor the corresponding changes.
Documents that are needed to obtain, renew or change temporary protection vary depending on the country. Typically, you will need photographs, original passport, etc.
The procedure for obtaining temporary protection is quite simple and does not take much time.
— When crossing the border of an EU Member State, the relevant authorities of the latter must notify the person of his right to temporary protection. Its provision does not exclude the possibility of a person applying for refugee status. This process is as fast and simplified as possible, — noted by the managing partners of the law firm Murenko, Kuryavyi and Partners Alexander Kuryavyi and Nikita Murenko.
Experts also report that in each EU country different authorities deal with temporary protection issues.
How many times can you get temporary protection
In accordance with Directive 2001/55/EC, the first period of temporary protection was one year and lasted until 4 March 2023. In addition, this time could be automatically extended twice by six months each.
But this was only possible if the reasons for providing such protection did not disappear. And this is so, since the war continues in Ukraine. However, in this case there are some time restrictions — this can be done for no more than one year, that is, until March 4, 2024.
At the same time, the possibility of extending the period for another 12 months is not excluded — until March 4, 2025.
There is also the possibility of ending temporary protection if the situation in Ukraine improves and the safe return of citizens home becomes possible.
Can Ukrainian refugees change the country of temporary protection
But what to do when you already have temporary protection in one country, and you need to change your place of residence?
— Citizens of Ukraine who have already traveled abroad and received temporary protection may need to change their country, which raises the question: How to do this again? — experts say.
According to the Directive, Ukrainians have the right to move from one EU country to another.
— But there are states that have adopted regulations that do not allow temporary protection to be granted again if a Ukrainian citizen had the corresponding status in one of the EU countries. Such states include, for example, Switzerland, — noted by the managing partners of the law firm Murenko, Kuryavyi and Partners Alexander Kuryavyi and Nikita Murenko.
How to change the country of temporary protection
Since not all countries provide temporary protection, before you begin the process of moving from one place to another, it is prudent to contact the embassy or consulate of the state you are going to to ask if this is possible.
— You need to start preparing for your move in advance. First of all, the person needs to contact the diplomatic office — embassy or consulate of the state to which the latter plans to move, asking about the possibility of re-obtaining temporary protection, — say the managing partners of the law firm Murenko, Kuryavyi and Partners Alexander Kuryavyi and Nikita Murenko.
After receiving a positive response it is necessary to cancel temporary protection in the state where you are currently located. This is the main and only condition under which it is possible to change the country that provided you with protection. To do this, contact the competent authorities and inform them about your further move to another state.
— In case of moving from one country to another, the residence permit and rights of the person in the first place of stay will be automatically canceled. But before leaving the state that granted you asylum, do not forget to inform the relevant authorities of your intention, — experts note.
The other state must then grant the person temporary protection and a new residence permit.
By the way, earlier Facts ICTV wrote where to go and what you will need in order to extend the validity of a Ukrainian passport abroad.< /p>
