Temporary protection is an EU emergency mechanism, decreed by Article 5 of Directive 2001/55/EC, which is activated to provide immediate and collective protection to persons from Ukraine, displaced on EU territory.
Temporary protection provides the following rights:
• To be and stay in the EU territory.
• Access to the labor market.
• Access to a home.
• Access to medical services.
• Access to education
• Access to other social services.
Temporary protection can be applied for in all EU member states except Denmark. It is not available in countries associated with the Schengen area (Switzerland, Norway, Liechtenstein, Iceland), but these countries may have similar protection systems.
In Romania, the following categories of people can benefit from temporary protection:
a) Ukrainian citizens who lived in Ukraine before 24.02.2022 (including if they left Ukraine before this date), as well as their family members;
b) non-Ukrainian or stateless third-party citizens who benefited in Ukraine before 24.02.2022 from a form of international protection or an equivalent national form of protection, and their family members;
c) non-Ukrainian third-party citizens and stateless persons who can prove that they have legal residence in Ukraine, based on a valid permanent residence permit, and who cannot return in safe and stable conditions to their country or region of origin.
Family members are, regardless of their nationality:
– Spouse (married by law);
– Unmarried minor children, born out of wedlock or adopted;
– Other close relatives who lived together, dependent on the person receiving temporary protection.
How long is the temporary protection valid for?
Temporary protection is valid until March 4, 2023, regardless of the date of arrival in the EU. If the current situation persists, the temporary protection will be automatically extended by six months twice, i.e. until March 4, 2024.
The member state in which the temporary protection is requested will issue a residence permit for Ukrainian citizens.
After registering for temporary protection in an EU member state, Ukrainian citizens can also apply for temporary protection in another EU member state. In this case, the rights offered by temporary protection in the previous state are cancelled.
The residence permit issued to beneficiaries of temporary protection is not a travel document and does not replace a passport.
Once a member state has issued a residence permit, Ukrainian citizens have the right to travel to other member states of the European Union for 90 days out of a 180-day period, if they meet the conditions to travel (have a biometric passport or simple passport with visa or they are a citizen of another third country and meet the conditions for entering the European Union).
Where is the right to temporary protection claimed?
In Romania, the request for the residence permit that offers temporary protection can be made at any of the immigration structures of the General Inspectorate for Immigration. The locations of these institutions can be found here.
Requirements to obtain the permit:
• sign a consent regarding the personal data processing agreement;
• photocopy of personal documents presented;
• verify personal documents;
• applicants picture;
• record the following data: name and surname, date of birth, citizenship, sex, identity, marital status, family situation, family ties, address in Romania (if known);
• obtain a residence permit on the territory of Romania with a personal numerical code (CNP).
The relevant documents for registration as a beneficiary of temporary protection are, as the case may be, the following:
• identity documents (identity card, driver’s license, travel document or any other authentic document with a photo);
• documents proving the person’s status in Ukraine (e.g. permanent residence permit, document issued to beneficiaries of international protection, etc.);
• documents proving the family connection (e.g. family card, birth certificate, marriage certificate, etc.).
Minors who arrived in Romania unaccompanied by any of their parents or another legal representative who can prove with official documents that the minor was entrusted to them according to the law, will be considered unaccompanied. Unaccompanied minors have the right to special protection from Romania, including the right to a legal representative appointed by the General Directorate of Social Assistance and Child Protection. Temporary protection for the minor can only be requested after the appointment of the legal representative.
We recommend that you consult our articles on:
– What is important for Ukrainian citizens to know before coming to Romania?
– Basic services provided by the Romanian state.
– The EU solidarity with Ukraine website, page Information for people fleeing the war in Ukraine.
