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.
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 continue to update this page as more information is available.
UPDATED || Following the EU’s adoption of the Temporary Protection Directive for Ukraine, the EU Commission identified issues that needed additional guidance for the Member States. 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.
Rights Granted by TPD
Ability to Enter
Yes. Ukrainian nationals holding biometric passports or other third-country nationals who are exempt from the requirement to have a short-stay visa to enter the EU have the right to move freely within the Schengen Area after being admitted into the territory for a 90-day period within a 180-day period.
The Commission recommends that the Member States of first entry grant a 15-day visa to eligible persons without a biometric password, visa, or residence permit from a Member State. This way, the person concerned would be able to move within the Schengen area.
Ability to Reside in the EU
Member States must provide residence permits for the duration of the temporary protection — one year from March 4, 2022. The duration is based on when the directive was adopted, not when someone enters the country. If the Council does not vote to end Temporary Protection, it will be extended automatically by six months. If the Council cancels the Temporary Protection, the residence permits will become invalid.
The residence permit proves status with other authorities, such as employment offices and services, schools, hospitals.
Once a Member State has issued a residence permit, the person enjoying temporary protection has the right to travel to other Member States for 90 days within a 180-day period.
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.
Rights in the EU