Ukraine Report

The situation in Ukraine is ongoing and subject to sudden changes and without notice.

Erickson Immigration Group will continue to share updates to this page as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.

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. TPD beneficiaries can enter, reside, and obtain work authorization.

It will ultimately be up to each Member State to determine how to implement this within their borders. The operational guidelines, released on March 18, 2022, are intended to be a “living document” and regularly updated to reflect the evolving situation.

Who is Covered by Temporary Protection?
  • Ukrainian nationals residing in Ukraine who have been displaced on or after February 24, 2022, and their family members
  • Stateless persons and nationals of third countries other than Ukraine, who benefitted from international protection or equivalent national protection in Ukraine before February 24, 2022, and who have been displaced from Ukraine on or after February 24, 2022, and their family members.

Still, Member States may extend temporary protection to additional categories of displaced persons over and above those to whom the Council Decision applies.

How does one apply for Temporary Protection?

The EU Council Decision has introduced immediate temporary protection for those covered by the TPD. There is no application process for temporary protection or adequate protection under national law. Therefore, when presenting him/herself to the authorities, the person concerned would only have to demonstrate their nationality, international protection or equivalent protection status, residence in Ukraine, or family link as appropriate. The right to temporary protection is immediate.

However, Member States may require a registration form or other evidence.

Asylum Options

Individuals with temporary protection have the right to apply for asylum. However, Member States may determine that temporary protection may not be enjoyed concurrently with an outstanding asylum application. If a person with temporary protection applies for and is denied asylum, they can continue to enjoy temporary protection or adequate protection under national law for the remainder of the protection period.

Resources:

Rights in the EU

Operational Guidelines

Temporary Protected Status | On April 18, the DHS posted the Federal Register notice on Temporary Protected Status (TPS) for Ukraine. The date for eligibility for the 18-month designation of Ukraine for TPS is April 11, 2022, for eligible individuals. 

Refugee Support | On Thursday, April 21, President Biden announced Uniting for Ukraine, a new initiative streamlining the process of welcoming Ukrainian citizens to the United States. This follows Biden’s March 24 commitment to welcome up to 100,000 Ukrainians and others who are fleeing the Russian invasion. Additionally, the State Department announced increased refugee resettlement processing and broadened access to visa processing at overseas consular posts.

For more information >>

European Response to Ukrainian Refugee Crisis

The EU Member States activated the Temporary Protection Directive, under which Ukrainians will be granted a residence permit and access to education and the labor market. However, it will ultimately be up to each Member State to determine how to implement this within their borders.

EU countries that have already published their guidance are noted in the tabs below this table.

Other European countries are publishing their own guidelines.

Resources: 

Information on Free Travel Options Offered by European Transport Companies

 Ability to Enter CountryAbility to Reside in CountryAbility to Obtain Work Authorization
AustriaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
BelgiumYesYesYes
BulgariaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
CroatiaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
CyprusYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
Czech RepublicYesYesYes
DenmarkYesYesYes
EstoniaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
FinlandYesYesYes
FranceYesYesYes
GermanyYesYesYes
GreeceYesYesYes
HungaryYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
IrelandYesYesYes
ItalyYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
LatviaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
LithuaniaYesYesYes
LuxembourgYesYesYes
MaltaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
NetherlandsYesYesYes
PolandYesYesYes
PortugalYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
RomaniaYesYesYes
SlovakiaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
SloveniaYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
SpainYesYesYes
SwedenYesYesYes

 

 Ability to Enter CountryAbility to Reside in CountryAbility to Obtain Work Authorization
IcelandYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
LiechtensteinYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
NorwayYesAwaiting further guidance from the authorities.Awaiting further guidance from the authorities.
SwitzerlandYesYesYes
United KingdomA valid visa is required.YesYes

Temporary Protective Direction Implementation

UK Response

The UK Home Office is requiring visas for all Ukrainian entries. Ukrainians with ‘close’ family members who are British nationals can apply under the Ukrainian Family Scheme. Ukrainians without familial ties to the UK can utilize the new sponsorship scheme, which allows sponsors, such as communities, private sponsors, or local authorities, to bring those forced to flee Ukraine to the UK.

Ukrainians with ‘close’ family members who are British nationals can apply under the Ukrainian Family Scheme. 

Ability to Enter Country

From March 15, 2022, Ukraine passport holders are no longer required to attend in-person biometric appointments. Security checks on applicants can be completed electronically, and the applicant’s confirmation of permission to travel to the UK can also be provided in digital form. This means that most applicants can complete their applications entirely online.

Ability to Reside in Country & Obtain Work Authorization

Ukraine passport holders who apply successfully online will be granted leave to enter the UK for 6 months outside of the normal Immigration Rules. They will be able to work, study and claim benefits immediately. Once in the UK, they will be able to attend a biometric appointment and have their stay extended to 36 months.

At present this new procedure applies to passport holders. Those who only have an ID Card will have to attend a biometric appointment before their application is granted and before they enter the UK. 

 

Resources: UK Visa Support for Ukrainian Nationals

Ukrainians without familial ties to the UK can utilize the new sponsorship scheme, Homes for Ukraine. 

Ability to Reside in Country

Under the Sponsorship Scheme, which will be free, visa holders will be granted leave for an initial period of 12 months, up to 3 years. 

Under which individuals fleeing Ukraine will be able to nominate an individual or family, business, charity, or community group to stay with (in an individual’s own property, or another property, e.g., owned by the business), for a minimum of 6 months. Successful applicants will be granted leave to enter the UK for an initial 36 months. Applications may be submitted from March 18, 2022.

Ability to Obtain Work Authorization

Citizens of Ukraine or immediate family members of a Ukrainian citizen resident in Ukraine before January 1, 2022, can apply under the scheme. They will be able to work in the UK and access public funds.

Benefits for Sponsors

As a “thank you payment,” individual sponsors will receive a monthly grant of £350 from the government. In addition, local authorities may be entitled to £10,000 or more per applicant, with additional payments available to support school-aged children.

 

Resources: UK Visa Support for Ukrainian Nationals

UK Visas and Immigration has suspended “Priority” and “Super Priority” services for new study, work, and family visa applications.

UKVI will prioritize applications under the Ukraine Family Scheme in response to the humanitarian crisis caused by the invasion of Ukraine. Applications under established routes of entry to the UK may therefore take longer than normal to process.

Standard visitor applications are currently taking an average of 6 weeks to process.

“In-country” applications (seeking permission to extend stay within the UK) are unaffected.

US Response | DHS & DOS

EIG Pro Bono Services for TPS Filings

Erickson Immigration Group is offering pro bono resources to assist Ukrainians in the United States to apply for Temporary Protected Status (TPS).

To learn more about EIG’s pro bono services, please submit the form or email info@eiglaw.com.

Canada Response

Global Response

All Ukrainian nationals in Australia with a visa that is due to expire up to June 30, will be given an automatic extension for six months.Outstanding visa applications from Ukrainian citizens, which number approximately 430, will be prioritized and fast-tracked for a decision by immigration officials, as soon as possible.

Source

On May 23, the Israeli Ministry of the Interior announced that Ukrainian refugees who have come to Israel following the Russian invasion will be allowed to work in Israel until July. 

The government will not take action against refugees working without authorization or their employers. 

Ukrainian refugees who arrived before February 24, 2022, will not be deported, but they are not permitted to work. 

Tourist visas will also be extended until June 30, 2022.

The ministry will reevaluate the situation after 30 days.

Updated as of August 19, 2022.