Information for people fleeing from the war in Ukraine

posted in: Asylum, EN, Immigration | 0

This is an excerpt of the European Commission aid plublication for citizens fleeing the war in Ukraine

Temporary protection in te EU for those fleeing the war in Ukraine. KP Abogados

The people fleeing the war in Ukraine and coming to the EU, will find key information about their rights with:

  • Regard to crossing the border into an EU country
  • Eligibility for temporary protection and applying for international protection
  • The rights of travel inside the European Union.

Travel documents of Ukrainians and nationals of other countries

The lack of travel or medical documents (passport, certificate of vaccination, COVID test) is not an obstacle to entering EU.

If possible, carry valid travel documents when leaving.

All EU countries bordering Ukraine are allowing entry to all people fleeing war in Ukraine. Thay are locating them on humanitarian grounds regardless of whether or not they have a biometric passport. This applies also to children.

Those who have Ukrainian nationality and a biometric passport, can enter the EU by presenting their passports at the border. For all the other cases, Member States will admit them on humanitarian grounds.

People with other nationalities, subjected to visa for entering the EU, should present their short-stay visa if they have one.

If they do not have a short-stay visa, Member States should still allow them to enter. The authorities will facilitate their repatriation to the country of origin.

Member States may carry out border checks at the borders but also away from the border. The checks can be carried out during or after the transport to that safe location.

They may be required to remain available to the authorities in that safe location during the conduct of these checks.

Irrespective of the nationality, they are entitled to immediate assistance and immediate information about their rights. This includes temporary shelter and the fulfilment of their basic needs such as food and medicine.

Further rights may differ, depending on the status they will receive in the EU.

Police and other administrative checks are possible at any moment. Including within the territories of the Member States for security and migration purposes.

It is important to cooperate and provide the required documents and information to police, border guards or other competent authorities.

In certain circumstances, they may be required to remain available to the authorities during these checks in designated facilities.

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Their rights in the EU

Once they have crossed into the EU thay have a number of options depending on their personal circumstances. The authorities will inform them accordingly about their rights.

Can be granted temporary protection

If residing in Ukraine, and left the country to escape war, may be entitled to temporary protection in any EU country.

Temporary protection will last for at least one year. This may be extended depending on the situation in Ukraine.

Rights under the Temporary Protection Directive include:

  • A residence permit
  • Access to the labour market and housing
  • Medical assistance
  • Access to education for children

Anyone residing legally in the EU also has a right to open a basic bank account.

Can apply for international protection in the country of first entry

According to European Union law, they must apply for international protection (asylum) in the first safe country.

Applicants for international protection have similar rights to temporary protection but there are some differences.

In the case of a pending asylum application: They can have access to the labour market after 9 months. It´s necesary that their cases has not yet received a final decision.

In the case of temporary protection such access can be granted much earlier. They might also apply for family reunification, if a family member is already legally residing in the EU.

Can request repatriation assistance

If they were living in Ukraine and have fled the war, they should be allowed to cross into the EU. Irrespective of their nationality.

They should contact relevant authorities or organisations to help them go back to their country of origin. If it is safe to repatriate to their home country.

For repatriation assistance: They should contact the embassy/consulate of their country of origin in the Member State where they are.

The national authorities in this country can also help them to contact their embassy/consulate. In case they encounter problems and may offer assistance for their repatriation.

Onward travel in the European Union

Normaly, if they have fled the war in Ukraine they will be able to travel to other EU countries. For Ukrainians this right comes from visa free regime in place between the EU and Ukraine.

If they come from a third country, they need to check whether their country of origin is. Then check the list of third countries whose nationals are exempt from the requirement to have a visa.

Visit the full article at the European Commission website [LINK]

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