Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
May 18, 2023
At a Glance
- All EU Member States have implemented the Temporary Protection Directive, offering expedited stay, residence and work status for Ukrainian citizens and eligible Ukrainian residents leaving Ukraine.
- EU authorities plan to extend Temporary Protected Status to March 2024, from March 2023.
- For the most up-to-date information, check the European Agency for Asylum website.
The situation
All EU Member States have implemented the Temporary Protection Directive, setting up initial application processes for eligible individuals. For the most up-to-date information, check the European Agency for Asylum website.
- Scope. The Directive applies to Ukrainian citizens; foreign citizens residents in Ukraine; and spouses or partners, minor children, and cohabiting dependent family members of these individuals; resident in Ukraine on or before February 24, 2022. National variations may apply regarding which Ukraine residents and which dependents will be considered eligible.
- Temporary Protection. The Temporary Protected Status for Ukrainians fleeing the war is likely to be extended by all EU countries until March 2024. This is expected to be done automatically and may be a two-part (6-month at a time) one, or one full-year extension (to be determined by each country individually). Some EU countries have already confirmed this extension at national level (see below). No legal action is needed by the European Commission for this status to be extended. However, if the situation in Ukraine improves, the European Commission can propose to the European Council to end the temporary protection, in which case the residence permits granted under this rule would become invalid and would be withdrawn. EU countries would also have to publish national law in this regard individually. For now, there is no indication of EU decision makers planning to end this status for Ukrainian citizens, therefore automatic extension should be expected until September 2023 (6 months) or March 2024 (one year).
- National variation. EU Member States may introduce variations in the scope of eligible applicants and local application processes, among other factors. Notably, EU Member States may grant more generous rights than those outlined by the Directive, e.g., longer duration of stay or including a broader group of eligible applicants.
Key details of the Temporary Protection status and application process for the countries confirmed so far include the following:
Albania
UPDATE APRIL 27, 2023: Ukrainian nationals under temporary protection status residing in Albania will automatically receive an extended permit valid until September 2023, no application for extension is required.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouse, partner, minor unmarried children, other close cohabiting dependent family; resident in Ukraine before February 24, 2022 and having fled as of February 24, 2022.
- Documentary Requirements. There are no documentary requirements to apply for this status.
Austria
UPDATE APRIL 27, 2023: Ukrainian nationals holding a Blue Card for Temporary Protection can now work without a work permit as of April 21, 2023. Candidates already holding a work permit do not need to extend the permit and those with filed extension cases should withdraw them. Issued permits do not need to be cancelled, nor must a notification be sent to the labor authority.
UPDATE JANUARY 9, 2023: Ukrainian nationals under temporary protection status residing in Austria will automatically receive an extended permit valid until March 2024, no application for extension is required.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouse, partner, minor unmarried children, other close cohabiting dependent family; resident in Ukraine before February 24, 2022 and having fled as of February 24, 2022.
- Document requirements. Applicants submit photographic identification document(s); proof of Ukraine-issued protection status; and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family.
Belgium
UPDATE APRIL 21 2023: Temporarily protected Ukrainians will be registered in the population register on the date of their application for registration at the town hall municipality, following a positive residence check, instead of the previous process of being registered at the town hall on the date of the issuance of the temporary protection certificate. Additionally, when applying at the town hall with a temporary protection certificate older than 90 days, the municipality will need to contact the Immigration Office for instructions. Further, the period of residence in Belgium under temporary protection status will not count towards the period of uninterrupted legal residence of five years required to obtain long-term status.
UPDATE DECEMBER 6, 2022: Ukrainian nationals under temporary protection status with a residence card expiration date on or before March 4, 2023 can extend their status until March 4, 2024. Affected status holders must extend their status in-person by visiting their local town hall in Belgium starting January 4, 2023.
- Scope. Temporary protection status is accessible to Ukrainian citizens and third country nationals and stateless persons who had a protection status in Ukraine; and their family members (spouse, partner, minor children, other close cohabitating dependent family living as a family unit in Ukraine and dependent upon the principal applicant); resident in Ukraine before February 24, 2022. Applicants must have been habitually resident in Ukraine on or before February 24, 2022, to be eligible.
- Document requirements. Applicants submit photographic identification document(s), proof of protection status in Ukraine if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family. Applicants are advised to submit any relevant documentation, although authorities are expected to be lenient if documents are unavailable.
- UPDATE AUGUST 30, 2022: Ukrainians with Temporary Protection status and their family members are now also work authorization exempt for self-employed activities (in addition to work as employees).
Bulgaria
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their family members (legal, opposite-sex spouse or partner, unmarried minor children); resident in Ukraine before February 24, 2022. Stateless individuals or foreign citizens who left Ukraine due to hostilities may also seek temporary protection in Bulgaria before March 31, 2022.
- UPDATE FEBRUARY 16, 2023: Temporary Protection Status certificates are automatically extended until March 31, 2023. Temporary Protection Status holders will need to visit the Bulgarian Agency of Refugees to obtain a further extension under March 4, 2024. Locations are listed here.
- Document requirements. Applicants must submit photographic identification document(s), proof of legal residence status in Ukraine if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship.
Croatia
- UPDATED MARCH 15, 2023: To extend their Temporary Protection Status, displaced persons from Ukraine should visit the Croatian Ministry of Interior in their place of residence to certify the extension of their Identity Card no later than April 30, 2023, if possible. There is no need to apply for the extension of temporary protection. The extension will be recorded in the existing Identity Card.
- Scope. Temporary Protection status is available to Ukrainian citizens; stateless persons resident in Ukraine; those holding Ukraine-issued protection or permanent stay; and their family members. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Applicants must submit photographic identification document(s), Ukraine-issued permanent residence or protected status if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship.
Cyprus
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukrainian-issued protection status or permanent residency and cannot safely return to their country; and their spouses, cohabitating partners and minor children. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Applicants submit photographic identification. Eligible Ukrainian residents additionally submit their Ukraine-issued residence permit. Family members additionally submit proof of the family relationship.
Czech Republic
- UPDATE APRIL 24, 2023: As of March 31, 2023, the Czech Embassy in Ukraine is accepting the following applications. The application must be submitted in person.
- long-term visas for family purposes and for long-term stays for family reunification;
- long-term stays for scientific research;
- Blue Cards if they are submitted by Ukrainian citizens who have been granted or applied for temporary protection status in another EU Member State;
- Long-term visas or long-term stay for study at an accredited study program at a university or scholarship stay (i.e. does not apply to language courses, etc); and
- Permanent residence of Czech expatriates (holders of a certificate of membership of the expatriate community).
- The applicant must register in advance to submit the application and must apply to either the embassy in Kyiv or the consulate general in Lviv, depending on local jurisdiction. Previously, Ukrainian nationals could only apply if they were in a third country and held a residence permit in that country.
- UPDATE DECEMBER 6, 2022: As of November 30, 2022, Ukrainian nationals have the option to extend their temporary protection status (TPS) until March 31, 2024. Individuals must register online for extension by March 31, 2023 in order to qualify, which will secure an appointment with the Ministry of Interior office to obtain a new visa sticker. In order to avoid TPS expiration, personal appearance is required no later than September 30, 2023. Due to the expected arrival of more displaced individuals during the winter season, TPS extension for current status holders is particularly contingent on registration since government agencies may be at full capacity with the potential new wave of applicants.
- UPDATE NOVEMBER 7, 2022:
- Temporary Protection status can now be withdrawn or invalidated by the Czech government if the applicant requests (or in the past has requested) this status in another country.
- Temporary Protection status applicants must notify the government within three days of a change of address in the Czech Republic.
- Scope. Temporary Protection status is available to Ukrainian citizens; foreign citizens residents in Ukraine unable to safely return to their home country; and spouses, partners, minor children and other dependent cohabiting close family. Ukrainian citizens in the Czech Republic on short stay may also apply. Applicants must have been resident in Ukraine on or before February 24, 2022, to be eligible.
- Document requirements. Applicants must submit photographic identification document(s), Ukraine-issued residence permit if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family.
Denmark
Denmark does not offer EU Temporary Protection as it opted out of relevant EU legislation, but introduced a similar status via national legislation. Key details include the following:
- Scope. Special Act status is available to Ukrainian citizens and those holding Ukraine-issued refugee status; either resident in Ukraine on February 24, 2022 and having left Ukraine after this date; or resident in Denmark on February 24, 2022. Cohabiting spouses or partners, unmarried minor children, and other cohabiting dependent close family of these individuals are also eligible for Special Act status.
- Document requirements. Applicants must submit an application form, photographic identification document(s), proof of legal residence status in Ukraine if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family.
Estonia
- UPDATE DECEMBER 15, 2022: Ukrainian citizens under temporary protection status can now apply for an extension through a newly-implemented self-service electronic portal three months before the expiry of their residence permit. Individuals will receive a receipt of application submission via email, as well as a notification of approval and confirmation to collect their permit from the nearest Police and Border Guard Board (PPA) service office. Note, extensions for expired temporary protection status residence permits may only be submitted in person at the PPA service office. The PPA advises that individuals apply for an extension no later than one month before their permit expiration date.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their family members. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Applicants must submit photographic identification document(s), a birth certificate is sufficient for children under 14 years old, and the application form provided at the service office.
Finland
- UPDATE JANUARY 23, 2023: National temporary protection status has been automatically extended until March 4, 2024. Individuals under this status can continue using their expired residence permit card or they can request a new card starting January 25, 2023. Additionally, those who have resided in Finland for at least one year can apply for a municipality of residence card online starting March 1, 2023, which will provide broader access to public services in Finland.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouse, partner, minor children, guardians of minor children; resident in Ukraine before February 24, 2022 and having fled as of February 24, 2022.
- Document requirements. Applicants must submit photographic identification document(s), proof of legal residence status in Ukraine if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship.
France
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouse, partner, minor children (adopted and step children included), other cohabiting dependent close relatives; resident in Ukraine before February 24, 2022 and having fled as of February 24, 2022. Ukrainian refugees in France must renew their temporary protection status by contacting the Prefecture of the department of residence three weeks to three days before their temporary residence permit expiration date.
- Document requirements. Applicants submit a passport, any available documents on their civil status, any available proof of residence in Ukraine on February 24, and local accommodation details, among others. Document requirements may vary somewhat between Prefectures.
Germany
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners and minor children. Those holding Ukraine-issued permanent residence, unable to return to their country of origin, can also apply. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Applicants must submit photographic identification document(s), proof of legal residence status in Ukraine if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship.
Greece
- UPDATE MARCH 24, 2023: Temporary Protection Residence Permits that expire by March 4, 2023 are automatically renewed for an additional period of six months until September 4, 2023. If during the above period, the European Commission does not terminate temporary protection as a residence status, these permits will be further renewed for an additional six months until March 4, 2024.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners, minor children and other close dependent relatives part of the family unit in Ukraine. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Document requirements have not yet been published. Based on entry guidance and application scope, applicants are expected to have to submit a biometric passport, or identification document issued by the Ukrainian Embassy in Greece plus temporary on-arrival visa; Ukraine-issued refugee status if applicable; and proof of the family relationship for dependents. A wide range of documents are accepted for the identification of accompanying children.
Hungary
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners, minor children, parents and other close cohabiting dependent relatives that were a part of the family unit on or before February 24, 2022.
- Document requirements. Applicants submit photographic identification document(s) and any available proof of residence in Ukraine before February 24, 2022, and have entered Hungary after February 24, 2022 Family members additionally submit proof of the family relationship.
Iceland
UPDATE APRIL 14, 2023: Irish authorities have confirmed that Temporary Protection Status has been extended until March 4, 2024. Current status holders are not required to obtain an updated certificate and may use the expired certificate until this date. As a reminder, no specific action is required on the part of beneficiaries, but a confirmation notice can be printed from the Irish immigration website upon request from foreign authorities or travel carriers.
- Scope. Temporary collective protection is accessible to Ukrainian citizens; those holding Ukraine-issued international protection, subsidiary protection or humanitarian protection; their marital or cohabitating spouse, minor (step)children and other close relatives dependent on principal applicant. Applicants (including accompanying dependents) must have been resident in Ukraine on or before February 24, 2022 to be eligible. Additionally, Ukrainian citizens on short stay on February 24, 2022, or with pending applications or non-renewable status can also apply.
- Document requirements. Applicants submit photographic identification (birth certificate is sufficient for children), proof of Ukraine-issued protected status if applicable, proof of the family relationship for dependents, and proof of cohabitation and dependency for non-immediate family.
Ireland
- UPDATE FEBRUARY 16, 2023: An automatic extension has been granted for all Temporary Protection Status holders in Ireland, until March 2024. While no specific action is required on the part of beneficiaries, a confirmation notice can be printed from the Irish immigration website.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouse, partner, minor children, and other cohabiting dependent close family members who were a part of the family unit in Ukraine; and Ukrainian stateless or third country citizen residents who cannot safely return to their country of origin. Applicants must have resided in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Applicants must submit photographic identification document(s), proof of legal residence status in Ukraine if applicable. Family members additionally submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family.
Italy
- UPDATE FEBRUARY 27, 2023: The validity of Temporary Protection Status permits has been extended to December 31, 2023 – the government has not yet confirmed whether the extension is automatic or if an application is required. We will update this alert when this is clarified.
- UPDATE DECEMBER 15, 2022: The deadline for applications for national Temporary Protection Status has been extended until March 3, 2023.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners, and minor children; resident in Ukraine before February 24, 2022 Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Applicants must submit the following documents for their temporary protection application: proof of nationality containing photographic identification (e.g., biometric or other passport, national identification card, driver’s license); three passport size pictures, dichiarazione di ospitalita’ and dichiarazione di presenza (if applicable).
Latvia
UPDATE FEBRUARY 2, 2023: Beginning January 1, 2023, Ukrainian nationals who apply for Temporary Protection Status in Latvia will be issued a two-year Temporary Residence Permit after they fill out a residence permit application and submit a copy of their passport. Ukrainian nationals who received Temporary Protection Status in Latvia in 2022 will have their long-term visas and Temporary Residence Permits extended until March 4, 2024, regardless of the document’s specified validity period. Temporary Protection Status visas and Temporary Residence Permits already issued will continue to be valid in Latvia, but Ukrainian nationals can request a new Temporary Residence Permit if:
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- they need to travel outside of Latvia (however, if the individual renounces Temporary Protection Status and leaves for another country or returns to Ukraine, a new Temporary Residence Permit will not be issued);
- the visa or Temporary Residence Permit issued to the person has been lost or damaged; or
- the individual had previously been issued a visa, but the person needs to obtain a residence permit in order to use electronic signature options, or the individual previously issued residence permit has expired, but the individual wants to continue using the electronic signature options.
- Change of Status. It is possible to change from a Temporary Protection Status to a different residence permit in-country.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners, and minor children resident in Ukraine on or before February 24, 2022.
Lithuania
- UPDATE FEBRUARY 8, 2023: Temporary Protected Status holders can now apply for renewal of their status until March 4, 2024 by submitting an application form online via their MIGRIS account; a digital temporary residence permit will be issued by the Migration Department and sent to the foreign national via their MIGRI account, which can be printed for use. They can also apply to change their status to another type of work/residence permit.
- Scope. Temporary Protection status is available to Ukrainian citizens; foreign citizens residents in Ukraine unable to safely return to their home country; and spouses, partners, and minor children resident in Ukraine on or before February 24, 2022. Eligible individuals must submit an application form online, book an appointment at the Migration Department for submission of their original passport and other relevant original documents that were uploaded to the digital application form online and to complete biometrics. Upon approval, a digital temporary residence permit will be issued by the Migration Department and sent to the foreign national’s MIGRI account who can then print the temporary residence permit for use.
- Document requirements. Applicants must submit photographic identification document(s), proof of legal residence status in Ukraine if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family. Applicants are advised to submit any relevant documentation, although authorities are expected to be lenient if documents are unavailable.
Luxembourg
UPDATE APRIL 21, 2023: Temporary Protection status holders may now apply for a Luxembourg residence permit. Applicants will need to renounce the status of temporary protection when obtaining a local permit.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners and minor children. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Applicants must submit an application form; photographic identification; children may use their birth certificate; Ukraine-issued residence status if applicable; and proof of the family relationship for family members.
Malta
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status; and their spouses, partners, minor unmarried children, and other cohabiting close relatives who are a part of the family unit; resident in Ukraine before February 24, 2022
- Document requirements. Applicants must submit photographic identification document(s), proof of legal residence status in Ukraine if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family. Applicants are advised to submit any relevant documentation, although authorities are expected to be lenient if documents are unavailable.
Netherlands
- Scope. Temporary protection status is accessible to Ukrainian citizens who left Ukraine after November 26, 2021 or before that date if they were already resident in the Netherlands; those holding Ukraine-issued refugee status or a valid Ukrainian residence permit; and their spouse, partner, minor unmarried children and other cohabiting dependent relatives part of the family unit in Ukraine.
- UPDATE FEBRUARY 13, 2023: The Dutch government has extended non-Ukrainian temporary protection status holders’ right to stay in the Netherlands until September 4, 2023. This concerns 4,660 individuals who fled the war in Ukraine whose nationality is not Ukrainian. (The IND will send letters proving this extension to affected nationals, though there is a delay in sending these letters as of March 2023).
- UPDATE JANUARY 30, 2023: Ukrainian Temporary Protection Status holders will be able to prove their extended right to stay until March 4, 2024 with a letter that they will receive from the IND (the IND is sending letters through February 25 - as of March 2023, there are delays with IND sending these letters).
- UPDATE JANUARY 5, 2023: The Dutch government has indicated that Ukrainian refugees and eligible third-country nationals will receive a letter before March 4, 2023 (there are delays with IND sending these letters) with instructions on how to renew their card sticker, since status cards will expire on March 4, 2023. It is not required to schedule an appointment to extend the proof of residency. Individuals covered by the Directive may stay in the Netherlands until March 4, 2024.
- UPDATE OCTOBER 21, 2022: The Dutch government has extended the (national) temporary protection status for Ukrainian refugees and third-country nationals (who had refugee status of a permanent residence permit in Ukraine) until March 4, 2024.
- UPDATE JULY 19, 2022: Individuals with temporary Ukrainian permits (e.g. students) who have not registered with municipal authorities as of July 19, 2022 will not be eligible to register for protection under the EU Temporary Protection Directive to claim social protections such as municipal shelter, a living allowance, access to education and medical care in the Netherlands. Eligible individuals who registered with municipalities prior to July 19, 2022 are not affected and can maintain their Temporary Protection Status.
- Document requirements. Applicants must submit their temporary Dutch address; photographic identification document(s); and proof of legal residence status in Ukraine, if applicable. Other document requirements have not yet been published, but based on EU-wide implementation, family members will likely be required to submit proof of the family relationship, and proof of cohabitation and dependency for non-immediate family.
- UPDATE: OCTOBER 24, 2022: Starting November 1, 2022, Ukrainian refugees will be required to have a sticker or O-document issued by the Immigration and Naturalisation Service to prove their right to live and work in the Netherlands under the Temporary Protection Directive. Note that there are delays for obtaining these documents at this time.
- UPDATE AUGUST 4, 2022: Applicants have until October 31, 2022 to collect proof of residency under the Temporary Protection Directive, up from September 1, 2022. Until this date, applicants are work authorized without proof of permit.
Norway
Norway is not an EU Member State, but has implemented a national scheme similar to EU Temporary Protection, the temporary collective protection scheme.
- UPDATE JANUARY 25, 2023: National temporary protection status has been automatically extended until March 4, 2024. Individuals under this status can continue using their expired residence permit card or they can request a new card starting January 25, 2023.
- Scope. Collective Protection status is available to Ukrainian citizens, those with Ukraine-issued protected status; and their spouse, partner, minor children and other family members cohabiting in Ukraine. Applicants must have been resident in Ukraine on or before February 24, 2022, and must have fled Ukraine since February 24, 2022, to be eligible.
- Document requirements. Applicants must submit photographic identification document(s) and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship. Applicants are advised to submit any relevant documentation, although authorities are expected to be lenient if documents are unavailable.
- UPDATE NOVEMBER 8, 2022: The Norwegian Directorate of Immigration has temporarily suspended the requirement for those with a refused residence permit application who have received a notification to return to Ukraine to leave Norway, where previously affected individuals needed to exit the country within 48 hours upon receiving notification. Additionally, Ukrainian citizens with expired residence permits can now reside in Norway without any additional requirements until further notice.
Poland
UPDATE APRIL 5, 2023: Polish authorities will soon issue a Diia.pl document to children who left Ukraine due to the war; currently it is only available to Ukrainian refugees over the age of 13. Polish authorities are expected to confirm that the related technology systems have been adjusted to the new regulation in the coming weeks. Parents who registered with their children as Ukrainian refugees in Poland who download their own Diia.pl document will also be able to download the Diia.pl document for their children. The document (with a valid passport) allows Ukrainian refugees to travel to another Schengen country or to cross the external borders of the European Union, as long as they do not leave Poland for more than 30 days (which would result in loss of Special Bill status).
UPDATE FEBRUARY 3, 2023: Further to our update published in October, Polish authorities have amended the Polish Special Bill, which includes the following changes:
- Permit eligibility for business activities. Effective April 1, 2023, Ukrainian nationals protected by the Special Bill will be able to submit Single Permit, EU Blue Card and Residence Permit applications to conduct business activities in Poland. Unemployed adult dependents and minors cannot apply for the Residence Permit but are eligible for the Single Permit and EU Blue Card. Applications can be submitted via postal mail to avoid appointment scheduling delays.
- Updated concessions. Until August 23, 2023, Ukrainian nationals protected by the Special Bill or those resident in Poland before February 24, 2022 will not be granted a negative decision on a residence permit application solely based on the Ukrainian national not having sufficient documentary evidence. In cases where documentary evidence does not meet the usual standards, authorities will instead grant a residence permit for a duration of one year.
- Notification requirements. Employers of Ukrainian nationals who have pending Single Permit applications or hold a valid Single Permit based on the Special Bill will need to submit an employment start date notification within 14 days from the date of receiving the Single Permit. Employers who did not submit this notification for these individuals will be able to submit notifications within 14 days of January 28, 2023.
- National registration deadline shortened. The registration deadline to apply for a national identification number (PESEL) has been shortened to 30 days from arrival in Poland, down from the previous 90 days. Individuals who have not yet applied for a PESEL certificate will have an opportunity to apply within 30 days from January 28, 2023.
- Temporary protection status. Ukrainian nationals covered by temporary protection in another EU country are not eligible for the Special Bill benefits if they relocate to Poland, whereas previously it was not specified in legislation. If they have already registered as a beneficiary of the Special
Portugal
- UPDATE MARCH 29, 2023: Temporary Protection status has been extended for an additional six months until September 1, 2023. Those individuals already holding Temporary Protection status will have their status automatically extended and do not need to take any additional action.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners, minor children and other cohabiting close relatives part of the family unit.
- Document requirements. Photographic identification confirming nationality, e.g., biometric passport, national identification card; Ukraine-issued residence permit or similar proof of Ukraine residence status, if applicable; family members additionally submit proof of the family relationship, e.g., marriage certificate, birth certificate.
Romania
- National protection program. Romania offers additional national protection under the “Direct Employment” scheme, which allows Ukrainian citizens to seek employment based on self-attestation of their qualifications and criminal record. Once employed, they can apply for residence within Romania without requiring a work permit or long-term entry visa (typically obtained from abroad). Successful applicants receive a nine-month status, renewable based on continued employment even if the situation in Ukraine stabilizes.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners and minor children. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Document requirements. Document requirements have not yet been published. Based on the eligible scope of applicants, individuals are expected to be required to submit photographic identification, birth certificates for children would be accepted, any available proof of residence in Ukraine before February 24, 2022, and Ukraine-issued permanent residence if applicable. Across the European Union, family members typically must also submit proof of the family relationship.
Slovakia
UPDATE January 24, 2023: All temporary refugee statuses have been automatically extended until March 4, 2024. No action is required to benefit from the extension. Individuals and employers can review validity of the status and download updated temporary refuge documents on this link, if needed.
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, partners, minor children, parents and other cohabiting close relatives that are a part of the family unit; resident in Ukraine on or before February 24, 2022.
- Document requirements. Applicants must submit an application form, their Slovak (temporary) address, photographic identification document(s), and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship.
Slovenia
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued protection status or permanent residency and cannot safely return to their country; and their spouses, cohabiting partners, minor dependent (step) children, grandchildren, nieces and nephews (without own parents), other close dependent relatives cohabiting in Ukraine. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible.
- Application Process. Eligible individuals can apply for temporary protection with border police immediately upon entry, or at a local police station. Applicants must submit a completed application form, available online, and available evidence of their circumstances. Evidence of travel from Ukraine is usually required. Successful applicants immediately receive a temporary protection residence permit. No government fees apply.
Spain
- Scope. Temporary protection status is accessible to Ukrainian citizens; those holding Ukraine-issued protected status; those holding Ukraine-issued residence permits, unable to safely and permanently return to their country of origin; and their spouse, partner, unmarried minor children, and other close dependent relatives cohabiting in Ukraine. Applicants must have been resident in Ukraine on or before February 24, 2022. Ukrainian citizens on short or irregular stay in Spain on February 24 are also eligible.
- Document requirements. Applicants submit photographic identification (Ukrainian local identification cards are acceptable and driver’s licenses are likely accepted); Ukraine-issued residence permit for eligible residents with an international passport; proof of the family relationship for dependents; and proof of cohabitation and dependency for non-core family members. Children can use a birth certificate as identification if needed.
Sweden
- Scope. Temporary Protection status is available to Ukrainian citizens; those holding Ukraine-issued refugee or subsidiary protection status; their spouses, partners and minor children. Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible. Applicants require a biometric passport or visa for entry, unless applying for asylum at the border.
- Document requirements. Applicants must submit photographic identification document(s), proof of Ukraine-issued refugee or subsidiary protection status if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship.
Switzerland
UPDATE MARCH 2, 2023: Effective immediately, temporary protection status “S” holders between age 15-20 can apply and complete an apprenticeship (i.e., participation in a formal company training program with State Secretariat for Migration approval) in Switzerland, even if the “S” status for temporary protection has been lifted before completion of the apprenticeship.
- Temporary Protection Status “S”. Temporary protection status is accessible to Ukrainian citizens, non-EU national Ukrainian residents unable to safely return to their home country, those with Ukraine-issued refugee status; and their spouses, partners, minor children and other close dependent family (dependency existing in Ukraine). Applicants must have been resident in Ukraine on or before February 24, 2022 to be eligible. In November 2022, temporary protection status for all affected individuals has been extended to March 4, 2024.
- Document requirements. Applicants must submit photographic identification document(s), proof of Ukraine-issued refugee or subsidiary protection status if applicable, and any available proof of residence in Ukraine before February 24, 2022. Family members additionally submit proof of the family relationship.
United Kingdom
Ukrainian citizens seeking to stay in the United Kingdom can use three tailored national protection programs:
- Ukraine Family Scheme. The Ukraine family scheme is accessible to Ukrainian citizens and their immediate family, resident in Ukraine on or immediately before January 1, 2022; seeking to join UK-based family members. A broad range of family relationships between the Ukrainian citizen applicant and UK-based family member is accepted, and a broad range of UK residence statuses is accepted for sponsorship.
- Homes for Ukraine. The Homes for Ukraine scheme bundles UK-based sponsors such as individuals, charities, community groups and businesses willing to volunteer accommodation (for at least six months) and immigration sponsorship for Ukrainian entrants. The scheme is accessible to Ukrainian citizens and their immediate family, resident in Ukraine before January 1, 2022. Applicants can seek entry with a known UK-based sponsor; or they can be linked to a UK-based volunteer sponsor as part of application processing.
- Ukraine Extension Scheme.
- UPDATED MAY 18, 2023: The Ukraine Extension Scheme will be further extended to allow applications by those with permission in the United Kingdom granted between May 16, 2023 and November 16, 2023. The changes are expected to be introduced through changes to the Immigration rules due to happen in July 2023, with all applications to be made before May 16, 2024. Those granted permission after May 16, 2023 will be able to apply to the Ukraine Extension Scheme once the new rules are in force in August 2023.
- Ukrainian nationals and their family members are qualified for an extension of stay under this scheme if: they arrived in the United Kingdom on or before March 18, 2022 and held lawful immigration status on that date; or they were in the United Kingdom at any time before January 1, 2022 with permission to enter or stay but where their permission ended after this date. However, the eligibility period for the Ukraine Extension Scheme has now been extended by way of a concession. The effect of the concession is that Ukrainian nationals who hold permission to stay on or at any time between March 18, 2022 and May 16, 2023 can also apply to stay in the United Kingdom under the Ukrainian Extension Scheme. The Immigration Rules will soon be updated to reflect this extended eligibility period and to introduce a deadline for applications made under the Ukraine Extension Scheme.
Impact
Impacted citizens should take advantage of immediate concessions in all EU Member States and should remain informed of the growing number of concessions as they are released by local authorities, and prepare for delays in consular and immigration processes.
Background
- Directive background. The Directive was developed in 2001, but recently activated to apply to individuals fleeing Ukraine. The Directive seeks to offer an expedited status outside the traditional asylum process to prevent further overburdening the asylum system across EU Member States.
- Other application options. Asylum, refugee and similar protected status applications remain available, as do employment-based and personal (e.g., student, family member) permit types. Individuals are advised to consult with immigration counsel for guidance on the immigration options best suited to their situation.
Looking ahead
Check our Spotlight page on the evolving situation and firm resources; and dedicated COVID-19 website for increasing exemptions from COVID-19 entry rules for those leaving Ukraine.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].