Temporary protection of persons from Ukraine in the European Union Member States

22/03/22

According to the EU Council Decision of 4 March 2022, persons fleeing Ukraine due to an invasion of the territory of Ukraine by armed forces of the Russian Federation enjoy a right to temporary protection in the EU Member States (except for Denmark) in compliance with the EU Directive of 20 July 2001.  

Temporary protection is a mechanism intended to ensure protection of displaced persons and to allow those persons to enjoy harmonised rights effective across the EU, which includes the right to residence, social welfare, access to the labour market and accommodation, medical care, and the right to education for persons under the age of 18 years. 

Categories of persons to whom the temporary protection applies

(a) Ukrainian nationals residing in Ukraine before 24 February 2022;

(b) Nationals of other countries and stateless persons who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022; and 

(c) Family members of the persons referred to in points (a) and (b).

The EU Member States shall grant temporary protection or equivalent protection under their national law in respect of nationals of other countries residing in Ukraine before 24 February 2022, who have a valid permanent residence permit and who are unable to return in safe and durable conditions to their country of origin. 

The EU Member States may also grant temporary protection to other categories of persons, including nationals of third countries and stateless persons, who were residing legally in Ukraine before 24 February 2022 and who are unable to return in safe and durable conditions to their countries of origin. 

Duration of temporary protection  

Temporary protection shall be activated for an initial period of one year. 

It may be extended automatically by six monthly periods for a maximum of one year, unless the EU Council decides to terminate the temporary protection if the possibility of safe and durable return to Ukraine is available for those persons. The EU Council may also decide to further extend the temporary protection up to one more year. 

Procedure for granting temporary protection

A temporary protection status may be granted in the EU Member State immediately after crossing its border or during a 90-day period of stay in that Member State. Persons who have enjoyed temporary protection in the specific EU Member State have the right to travel to other EU Member States on general grounds. 

A status of a temporary protected person shall not be considered equivalent to refugee status in the EU Member States. The special procedure applies to enjoying refugee status. 

PwC team in Ukraine and our colleagues from PwC network firms in the EU countries continue to stay connected with you and are ready to provide further information on the above developments upon your request.