Posted 14/03/2022

Since Russia started the war against Ukraine more than a million people have left the country, seeking refuge in neighboring countries. Faced with this situation, the European Union has closed a political agreement to activate, for the first time in history, the directive on the protection of displaced people. This directive on temporary protection was conceived to grant immediate protection to those who need it and to avoid overwhelming the asylum systems of the Member States. This Thursday, 3 March, the countries of the European Union unanimously agreed to approve temporary protection throughout its territory for people fleeing war in Ukraine.

This proposal is fully consistent with the EU acquis in asylum, as the Temporary Protection Directive is part part of the Common European Asylum System and was planned to make in the face of an extraordinary situation of massive influx of people displaced, as is currently the case due to the invasion of Ukraine by part of the Russian Federation.

This protection will be effective retroactively from the 24th of February (although governments may apply it more retroactively) and for one year, renewable every six months up to a total of three years, although the Ukrainians who have already been in the EU since before the Russian invasion and they can return to their country will also be eligible.

Benefits of temporary protection:

The measure will allow several objectives to be met. First, provide protection and immediate rights to those affected, including rights of residence, access to the labor market, access to housing, social assistance, assistance medical or other and means of subsistence. For unaccompanied children and adolescents, temporary protection confers the right to legal guardianship and access to education.

How to apply for temporary protection in Spain?

? Temporary protection may be requested at National Police stations throughout the territory, as well as at authorized reception centers.

The applicants will be able to go to these enabled points where the officials will take their identification data.
Language interpreters will be available
They will be issued a receipt accrediting their request for protection, which will also contain an assigned NIE.
The request will be resolved within a maximum period of 24 hours.
The applicant will be notified electronically, by post or by personal appearance before police stations or foreign offices.

Who can benefit from temporary protection?

This decision applies to the following categories of persons displaced as of February 24, 2022, as a result of the military invasion of the Russian armed forces on that date:

ukrainian nationals
long-term residents in Ukraine before 02/24/2022
stateless persons and third-country nationals with international protection status or equivalent national protection status in Ukraine before 02/24/22.
members of the families of the persons referred to in the previous points, regardless of whether or not the family member is able to return to their country or region of origin in safe and lasting conditions.

The EU Member States may apply this Decision to other people who legally resided in Ukraine on 02/24/2022 who cannot return to their country in safe and lasting conditions (Erasmus students, short-term residents, temporary workers… ).

The following persons shall be considered members of a family, in the event that the family already existed in Ukraine at the timing of the circumstances surrounding the influx massive:

the spouse or common-law partner with whom they have a stable relationship, if the legislation or practice of the Member State in question give couples not married women a treatment comparable to that of married women, in accordance with their rules of Immigration (in the case of Spain it does contemplate it).
minor unmarried children or the minor unmarried children of your spouse, without distinction as to whether they were born in or out of wedlock or adopted.
other close relatives living together as part of the family unit in the timing of the circumstances surrounding the mass influx.

The plan does not include sharing quotas between Member States, although Brussels will establish a platform of solidarity with the aim that the States members report on their reception capacity. Spain, according to reported the Secretary of State for Security, Rafael Pérez, has supported the decision and has announced that the Ukrainian community living in Spain, between 100,000 and 120,000 people, could serve as a «base» to help their compatriots.

What rights do you have as an applicant for temporary protection?

You will have an international protection applicant document that you will have to renew.
You are authorized to remain in Spain during the entire procedure.
You have freedom of movement throughout the Spanish territory, but you must communicate your address to the Asylum and Refuge Office.
You have the right to the assistance of an interpreter and a lawyer.
To health care in the public health system.
If you do not have the financial means to support yourself, you can apply to enter the Reception System for International Protection Applicants.

Measures to be taken on the regularization of Ukrainians in Spain:

1- The following will be able to access the International Protection Reception System: people: people displaced from Ukraine from February 24, 2022 to consequence of the Russian invasion and persons residing in Ukraine who were in Spain when the conflict broke out and have not been able to return to their country.

2- To be accepted in the System, these people must lack resources and comply with the rest of the requirements established in the Management Manual of the system.

3- To remain in the System these people must, as soon as possible and in any case within a maximum period of 3 months, be documented, either by expressing willingness to apply for international protection, by application for international protection or through supporting documentation of being beneficiaries of temporary protection.

4- Clarifications in relation to the obligations established by the Management Manual of the International Protection Reception System and its Procedure for this collective may be updated and developed when information or circumstances that make it necessary

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