Tempory protection Ukraine

11 March 2022 | Flash News

EU grants temporary protection to people fleeing Ukraine

Directive 2001/55/EC on temporary protection has been activated for the first time since its creation in 2001. People fleeing the conflict in Ukraine can benefit from this protection since March 4, 2022 (date of entry into force of the EU Council implementing decision 2022/382). The objective of this “temporary protection” is to allow displaced persons to benefit from similar rights throughout the European Union. Forecasts indicate that the number of displaced persons could be over 6 million.

Temporary protection is applicable to persons residing in Ukraine (not only Ukrainian nationals) who have left the country after February 24, 2022.

The full list of persons eligible for temporary protection is detailed in Article 2.1 and 2.2 of the implementing decision.

The provisions of the EU directive 2001/55/EC of 21 July 2001 have been transposed into French law in articles L. 581-1 to L. 581-10 and articles R. 581-1 to R. 581-19 of the French Immigration Code (CESEDA)

In France, persons eligible for temporary protection should be able to apply for a temporary residence permit (APS) valid for 6 months, renewable twice (art. L 581-3).

Article R. 581-1 of the CESEDA lists the documents required to obtain the APS “beneficiary of subsidiary protection”. The applicant can get this APS at the Prefecture of his arrival city in France. It grants :

  • the right to stay
  • access to the French labor market: but the foreigner could be required to apply for a work permit
  • access to housing
  • access to social assistance
  • access to medical assistance
  • the right to an asylum seeker’s allowance (ADA) if they meet age and income requirements
  • for unaccompanied children and adolescents, the right to legal guardianship and access to education

Temporary protection may be terminated if the situation in Ukraine changes in the coming months and allows for a safe return to the country.

Entry into France of Ukrainian nationals

Ukrainian citizens holding a biometric passport can enter France without applying for a visa.

Ukrainian citizens holding non-biometric passports will have to apply for a short stay visa at one of the consular offices in the states bordering Ukraine (Poland, Romania, etc.)

They will be allowed to stay in France for up to 90 days. If they wish to stay longer, they will have to apply for the APS “beneficiary of the subsidiary protection” indicated above.

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