On Thursday, March 3, the EU Commission activated the Temporary Protection Directive, which offers immediate and temporary protection to displaced persons from non-EU countries and those unable to return to their country of origin. Under the Temporary Protection Directive, Ukrainians will be granted a residence permit and access to education and the labor market. Early reports state that Ukrainians who have arrived in an EU country should not file for refugee/asylum status and instead wait for the EU country to implement the Temporary Protection Directive.
The temporary protection would apply immediately for 1 year, with an automatic extension for six-monthly periods for an additional year. The Commission can propose to the Council to end the temporary protection based on an improved situation in Ukraine or extend it by one further year.
The EU Commission is also publishing operational guidelines to support the Member States in managing refugee arrivals and maintaining necessary security checks. Still, it will ultimately be up to each Member State to determine how to implement this within their borders. Member States are beginning to release their plans now, and Erickson Immigration Group will provide additional updates as more information is available.
The UN High Commissioner for Refugees counts more than 1.2 million refugees from Ukraine since the military action began on February 24, 2022.
Key Highlights
- Beneficiaries
- Ukrainian nationals
- Foreign nationals who are long-term residents in Ukraine
- Foreign nationals who are short-term residents in Ukraine would be allowed into EU territory and would get help to make their way home.
- Foreign nationals already benefited from international protection or asylum seeker status in Ukraine.
- As for other citizens fleeing the conflict, EU member countries can choose between offering them EU status or national status.
- Benefits
- Immediate protection and rights, including a residence permit for the entire duration of the protection (which can last from one year to three years), access to employment, housing, social welfare assistance, medical or other assistance, and education for minors.
- Ukrainians will be able to move freely across the EU.
- Opportunities for families to reunite in certain circumstances, and
- Guarantees for access to the standard asylum procedure.
- Border Management
- Border guards can temporarily relax border checks in exceptional circumstances such as these. However, where a person’s identity cannot be established, the regular border check should apply. Member States can also decide to perform border checks during or after the transport of the travelers to a safe location, not at the border crossing point, to reduce waiting times.
- Crossing at temporary border points, outside of the official border crossing points, will be allowed.
- Under the Schengen Rules, border guards can allow non-EU nationals to enter a Member State on humanitarian grounds even if they do not fulfill all entry requirements, such as having a valid passport or visa.
- Individuals coming from Ukraine can bring their belongings, including pets, without customs duties.
- Impacts
- The Temporary Protection Directive is intended to reduce pressure on national asylum systems by creating a protection status with reduced formalities.
- The rules under the Temporary Protection Directive promote a shared effort between the Member States.
- Frontex, the European Union Asylum Agency, and Europol can provide further operational support at the request of Member States to ensure smooth implementation of this decision.
Erickson Insights
The measure by the EU is unprecedented, and it will allow Ukrainians to enter the EU quickly, bypassing the lengthy asylum immigration process. Still, it will ultimately be up to each Member State to determine how to implement this within their borders. Member States are beginning to release their plans now, and Erickson Immigration Group will provide additional updates as more information is available.If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.