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How to apply for a shelter in Europe: temporary protection vs refugee status

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After leaving the state, Ukrainians face many issues that demand to be addressed, including the legalization of residence and issuance of refugee condition (international protection). It should be noted that in addition to the well-known refugee status, in that location is another relevant tool for Ukrainians - "temporary protection".

In general, people who left Ukraine on 24 February 2022 and after may receive temporary protection or refugee status in the Eu. Temporary protection does not hateful obtaining refugee status, however, persons who have received temporary protection in the Eu can apply for refugee status at whatever time. So, what is the difference between refugee status and temporary protection and which of them is amend for Ukrainians who have been forced to exit their homeland?

Beginning of all, those who get out the territory of Ukraine should know that temporary protection and refugee status are different legal categories that take unlike legal consequences. People crossing the border are often confused in terms, more often than not using the concepts of "refugee" and therefore, when applying for aid, may misunderstand the category of protection they would like to receive in the Eu.

The main certificate regulating the provision of temporary protection is the European union Directive 2001/55 / ​​EU, which was activated past EU Council Decision 2022/382 of 04.03.2022 specifically for Ukrainians. Since the decision applies to all EU countries, Ukrainians tin can legally obtain the status of "temporary protection" in any EU country. Moreover, temporary protection is being activated for Ukrainians fleeing the war immediately subsequently crossing the European union edge. After registration with the relevant state regime, citizens of Ukraine can immediately use the rights granted by the condition: the right to piece of work, medical care, education, admission to housing, etc.

Who is eligible to obtain it? Citizens of Ukraine and members of their families displaced on 24 February 2022 and later have the right to obtain temporary protection, but each EU member state may, at its discretion, provide temporary protection to Ukrainian citizens who had been to the EU before 24 February 2022 for various reasons (on exit, for concern trip, or fleeing from a possible war).

Validity period . The term of temporary protection is one year (until 04.03.2023) and can be automatically extended twice for 6 months if the reasons for granting such protection practice non disappear, but upwardly to a maximum of ane year (until 04.03.2024). Depending on the situation, the European Commission may propose or extend the term for another year (until 04.03.2025). Therefore, temporary protection for Ukrainian citizens in the Eu will be terminated once the war in Ukraine ends.

Procedure of obtaining. When crossing the border of an Eu fellow member state, a person must exist informed past the public authorities of the country concerned regarding of his / her right to temporary protection. The process of obtaining such a status is quite fast and as simple as possible. In different European union countries, temporary protection problems are dealt with by dissimilar bodies (for example, the commune administration in Poland, the police in Italia, the Refugee Authority in Germany, and the Migration Service in Portugal).

Rights:

According to Directive 2001/55 / ​​European union, a person receives:

- The right to reside in the country in which she sought temporary protection;

- Access to work, which can be obtained immediately from the moment of applying for protection;

- Access to housing (the state does not guarantee housing, merely the competent regime/volunteer organizations can help with its conquering);

- Medical intendance;

- Social assistance;

- Access to didactics for children and adolescents;

The main international instruments governing the issue of refugees (international protection) are the Geneva Convention Relating to the Status of Refugees of 1951, the New York Protocol of 1967 and the Dublin Convention of 1990. The Dublin Convention of 1990, in turn, states that a person may apply for obtaining refugee status exclusively in the commencement prophylactic country borders of which it has crossed. Given the closed air service over the territory of Ukraine, a person can utilise for aviary only in those countries bordering Ukraine. If a person crosses the borders of several countries and seeks asylum in a country that does not edge Ukraine, he/she will be deported to the state borders of which he/she crossed for the first time. A person's correct to international protection is granted after a lengthy administrative procedure, which has its own peculiarities and can terminal from six months. During this time and subsequently obtaining refugee status, a person seeking international protection faces certain restrictions.

Who is eligible to receive information technology? A person who: (1) has a well-founded fearfulness of being persecuted on the grounds of race, organized religion, nationality or political opinion may apply for refugee status; (2) is outside the state of his or her nationality; (iii) is unable or unwilling to enjoy the protection of their country.

Expiration date . Refugee status guarantees the right of permanent residence in the territory of the respective state. Refugee status can be revoked as soon as bear witness emerges that there are grounds for reconsideration, simply catastrophe the state of war in Ukraine will not be an automatic reason for revoking it.

Receipt procedure. Obtaining refugee condition involves a rather long administrative procedure (from six months), which begins with the application of a person for refugee status to the competent authority only of the country the border of which he/she first crossed. In each Eu land, the application procedure has its own peculiarities, such equally the withdrawal of an individual'southward passport before the end of the 6-month awarding menstruum, the ban on employment during this menstruation, the ban on leaving the country of residence, and compulsory residence in designated place (ban to rent an apartment or live with relatives), etc.

Rights:

Refugee status provides a very similar range of rights as temporary protection, merely the primary difference is that not all rights get bachelor to a person who has crossed the border immediately from the moment of applying for refugee status. Thus, a person with the appropriate status is given:

- housing (usually a bed in a refugee middle);

- free meals

- medical intendance (express);

- free travel on public transport;

Yet, the main characteristic of applying for refugee condition is that a person cannot be employed for 6 months while his / her awarding for refugee status is being considered, even if he/she has previously lived and worked in this country.

Therefore, in that location is no doubt that if a person crossing the border intends to return to Ukraine after the end of hostilities, the all-time option for such a person is to obtain temporary protection, as the procedure itself is fast and the rights it guarantees are granted to the person immediately upon application. in contrast to the lengthy refugee condition procedure.

When crossing the border of an Eu Member State, the public regime of the country concerned must inform the person of his / her right to temporary protection. The primary thing is not to go confused in a bustle and panic, and instead of temporary protection not not ask for refugee status (unless of course, the person intends to obtain it)!!! For example, in Poland (which is currently the largest centre of our citizens), the application for refugee condition is submitted through the border service. Therefore, there is a risk that when a person crosses the border, 1 tin can hastily ask not for temporary protection, but refugee status, which has its own, not quite "pleasant" features, in dissimilarity to temporary protection.

Before deciding to apply for one of the statuses, recall:

1) Temporary protection tin be obtained in any European union country (except Kingdom of denmark), while refugee status can only be obtained in the country the border of which a person first crossed. That is, today they are Ukraine's neighbours.

ii) Employment for persons who have applied for temporary protection is possible from the moment of applying, while for persons who have applied for refugee status, the choice of employment inside half dozen months from the appointment of application is not available.

iii) Persons who have received temporary protection may return to the state of citizenship at any time and travel inside the European union for 90 days without hindrance. A person who has practical for refugee status is prohibited for 6 months while his / her application to cross the edge of the host land is existence considered.

4) When applying for refugee status, a person is forced to surrender his / her passport until a decision is made to obtain refugee condition. In case of temporary protection, the passport is not revoked.

v) When you receive temporary protection, you are free to choose housing at your own discretion, especially now that there are a lot of volunteer organizations and resources in Europe that help to find housing for free. Instead, by applying for refugee status, you go hostage to the place you have been given in the refugee centre, which houses refugees not only from Ukraine simply from all over the earth.

To decide what status a person plans to receive in the host country, it is necessary to reply the question: what is the purpose of obtaining such condition? If a person is interested in the firsthand acquisition of all social rights and the urgent return to the territory of Ukraine afterward the end of hostilities and does non intend to remain in the European union, information technology is optimal to obtain temporary protection. If a person pursues more far-sighted goals, such as obtaining the right of permanent residence, then it makes sense to apply for refugee status. However, remember that if yous plan to stay in the EU for a long time, regardless of the finish of the war in Ukraine, you tin choose other procedures for obtaining a residence permit in the Eu without refugee status and without restricting your rights and condolement.

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Source: https://visitukraine.today/blog/200/how-to-apply-for-a-shelter-in-europe-temporary-protection-vs-refugee-status