In order to provide temporary and urgent protection to displaced persons from Ukraine, the European Union has activated the mechanism for the temporary protection of displaced persons in the event of mass influx (regulated by Directive 2001/55/EC). A mechanism that was activated by Implementing Decision (EU) 2022/382 and whose main purpose is to grant a regime of protection for persons from Ukraine.
It should be noted that Spain has, internally, extended the scope of this Decision (as discussed below). In particular, it has extended temporary protection to a group of persons additional to those already provided for in Implementing Decision (EU) 2022/382.
In addition, the procedure to be followed in Spain for the recognition of this official protection has also been regulated and officially published (through Order PCM/169/2022, of March 9).
Ukrainian refugees: residence and work permit in Spain
Temporary protection consists, firstly, of allowing access to the EU, for humanitarian reasons, for persons fleeing Ukraine because of the invasion, without them requiring a visa, or means of subsistence, or a valid travel document.
Secondly, protection consists of granting a residence and work permit, for which an application and granting procedure has already been developed and published in Spain.
When initiating the procedure for applying for temporary protection, the person concerned must submit an application by appearing in person before:
- officers of the Directorate-General of Police, in admittance, reception, and referral centers of the Ministry of Inclusion, Social Security, and Migration, or;
- the police stations that are set up for this purpose.
At that time, documentation must be submitted that proves the individual belongs to the collective application of the regime of temporary protection. The address and, if possible, a mobile phone number and an email address must also be provided for the applicant. The applicant may consent to being notified of resolutions electronically using that email.
The police will take the fingerprints of the applicants for temporary protection.
Temporary stay authorization for refugees | Ukraine
What rights does the applicant for temporary protection have while the application is being processed?
The application for temporary protection entitles the person concerned to remain in Spanish territory. The application also authorizes the use of social and health services.
The Asylum and Refugee Office is responsible for processing applications for temporary protection under the urgent action procedure. In addition, it is important to bear in mind that the person concerned must cooperate fully during the hearing for the accreditation, checking, and verification of all those points relevant to the granting of temporary protection. Cooperation may exceptionally include a personal interview if necessary to clarify certain aspects of their application.
Decision on the procedure
The Minister of the Interior shall agree on the granting or refusal of temporary protection according to the proposal of the Inter-Ministerial Commission on Asylum and Refuge.
Important: A decision granting temporary protection will include a residence and work permit. This decision must be issued within a maximum period of 24 hours from the application referred to in the previous sections.
For how long is this residence permit valid? For one year which may be extended annually: in particular, temporary protection and residence and work permits shall be automatically extended for another year at the end of the first year of validity of such protection if the competent body has not declared the temporary protection period terminated.
Exceptionally, it may be extended for an additional year: provided that the reasons justifying temporary protection persist, the Commission may extend such temporary protection for an additional year (this is the maximum limit).
How is the decision on the application for temporary protection notified?
Electronically whenever possible.
It may also be notified by post, by personal appearance at police stations or immigration offices, or at admittance, reception and referral centers of the Ministry of Inclusion, Social Security, and Migration.
Conflict in Ukraine: beneficiaries of temporary protection
At the level of the European Union, we are talking about people who left Ukraine from 24 February 2022 onwards as a result of the invasion by Russia:
- Ukrainian nationals residing in Ukraine (before February 24, 2022);
- Stateless persons and third-country nationals other than Ukrainians, who had refugee status or equivalent protection in Ukraine (before February 24, 2022);
- Members of the families of persons referred to in the two previous points, if those families were already in Ukraine and resided there at the time of displacement.
In addition, at the European level, protection also applies to stateless persons and third-country nationals other than Ukrainians, who:
- can prove that they were legally resident in Ukraine before February 24, 2022;
- had a valid permanent residence permit issued in accordance with the domestic law of Ukraine;
- cannot return to their country or region of origin under safe and lasting conditions.
Important: The Member States of the European Union may expand these categories described as beneficiaries of temporary protection. Spain, for its part, has extended this protection to the following categories of persons.
- Ukrainian nationals who were staying in Spain before February 24, 2022 and who, as a result of the invasion, cannot return to Ukraine.
- Third-country nationals or stateless persons legally residing in Ukraine on the basis of a valid legal residence permit (whether permanent or otherwise as students) issued in accordance with Ukrainian law and unable to return to their country or region.
- Family members of the above two groups.
- Ukrainian nationals who were not legally registered in Spain before February 24 and who, as a result of the armed conflict, cannot return to Ukraine (in this case, temporary protection does not extend to family members).
Ultimately, the granting of this temporary protection means that those displaced by the invasion do not have to face lengthy asylum procedures to obtain refugee status.
