Rückkehr in die EU: Können Ukrainer 2024 erneut einen Antrag auf vorübergehenden Schutzstatus stellen?

Das Terrorland startet gnadenlos massive Raketenangriffe auf verschiedene Städte in unserem Land. Infolgedessen sind Ukrainer, die zuvor aus europäischen Ländern zurückgekehrt sind, gezwungen, erneut in sichere Orte zu fliehen. Erfahren Sie mehr darüber, in welchen EU-Ländern Sie erneut einen Antrag auf vorübergehenden Schutzstatus stellen können und was Sie dafür tun müssen.

Rechtliche Unterstützung bei Migrationsfragen für Ukrainer in der Ukraine und im Ausland

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Many Ukrainians who travelled to EU countries at the beginning of the full-scale invasion and obtained temporary protection status there have already returned home. However, the war is on, the shelling continues, and quite often Ukrainians decide to go back to Europe. 

According to the procedure, before leaving Europe, refugees had to give up their temporary protection status. Therefore, many Ukrainians are now concerned about whether they can expect to receive this status again.

Ukrainians can renew their temporary protection status

According to the Temporary Protection Directive, any Ukrainian fleeing war and who left Ukraine after 24 February 2022 can be granted asylum in the EU. 

Ukrainians who have been granted asylum in European countries have the right to temporarily return to Ukraine or travel to Schengen countries without cancellation of their permit. 

If you have returned to Ukraine for a long time and your documents in the EU have already been cancelled, then despite the refusal, Ukrainians still have the right to re-apply for temporary protection status. However, this is not possible in every EU country.

Poland, Switzerland, and the Czech Republic may refuse to grant re-application. However, some countries have no problem re-granting the right of Ukrainians to live in them and receive all the benefits provided by temporary protection.

For more information on the countries that will grant re-protection in 2024, please follow the link.

Germany

This country allows you to re-apply for temporary protection status. To do this, you need to apply for a simplified procedure for obtaining a relevant temporary protection, residence and work permit at the nearest Ausländerbehörde migration service office.

Here you can find a list of states and addresses of camps hosting Ukrainian refugees in Germany as of June 2024.

Slovakia

In Slovakia, you can be granted temporary protection status even if you have already been granted such status in another country. In this case, the temporary protection status in the previous country will automatically lose its validity.

The Netherlands

Temporary protection status in this country is called RTB and entitles you to asylum, medical care, official employment and education for minors.

Spain

In this country, you will be able to re-apply for temporary asylum, but you will no longer be able to choose the city of residence. Currently, Spain provides temporary protection until March 2025, but this period may be extended.

Portugal

Portugal accepts all Ukrainian refugees, even if they have already been granted temporary asylum in another country. The status in Portugal is issued for a year with the possibility of extension 2 times for 6 months. In order to obtain protection status, you need to provide evidence that you have renounced temporary asylum in another country.

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Is it possible to lose temporary protection status by travelling to Ukraine or another country outside Schengen?

The situation with travelling to Ukraine or other non-Schengen countries depends on whether you have already received confirmation of your temporary protection status.

In general, Ukrainians with temporary protection status are allowed to leave the country without losing it, provided that they have complied with the period of stay in Ukraine. In general, in most EU countries, a few weeks, up to 1 month, is considered an acceptable period. In case of a longer stay outside the country of temporary asylum, you risk losing your status.

Ukrainians have the right to travel to Ukraine and then return to the place of temporary residence to carry out urgent matters: to transport personal belongings, to pick up relatives, due to medical problems, etc. 

However, if you are detained in Ukraine for a longer period of time, there is a risk that your personal situation will be considered from the point of view of whether you need temporary protection at all. Therefore, you may be denied status, or you may have to prove that you have really good reasons for a longer stay.

If you are waiting for confirmation of your temporary protection status, it is better not to leave the territory of the country of temporary residence. There is a risk of difficulties with returning, as it may be difficult to prove at the border that you have already been granted temporary protection status.

If you live in centres for displaced persons, it is better to notify and consult with the centre coordinators before long trips so that in case of your absence, the place is reserved for you.

In the previous article, we told you that Ukrainians can apply for a passport abroad. In some countries, the Centres of the State Enterprise "Document" or diplomatic missions will help you with this issue.

Can I travel to EU countries with temporary protection status?

According to the provisions of the visa-free regime, Ukrainian citizens can travel within the EU for up to 90 days within a 180-day period. However, the rights obtained under the temporary status will be available only in the country that granted the residence permit. 

Within the Schengen area, your movement will not be controlled, so you can travel freely. However, it is better to wait for confirmation of your temporary protection status, as there may be document checks on the train, etc.

It should be borne in mind that 4 EU countries that are part of Schengen have not yet lifted controls at their internal borders: Bulgaria, Croatia, Cyprus and Romania. And Ireland is not part of the Schengen area.

The procedure for renewing temporary protection status in the EU

According to EU law, in order to re-apply for asylum, you need to undergo a registration procedure. It is also possible to obtain the status in another EU country, without having to return to the country where you resided when you first entered. 

You should check with the consulate of the country you are going to, as the rules of stay and the registration procedure are regulated by the laws of each individual country. 

The final decision on whether to grant a repeat temporary protection status remains with the country of asylum. Each case is considered individually. 

We remind you! This year, many countries continue to open their doors to Ukrainian refugees, giving them the opportunity to find a new home and safety. Given the large number of displaced persons from Ukraine, the EU and other countries have developed support programmes to help Ukrainians integrate into new communities. Read more about where they offer good conditions for life and development.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

On the Visit Ukraine portal, you can get legal advice on migration law. Our lawyers will answer all your questions and, if necessary, help you collect, submit and receive the documents you need. You can order a specialist consultation or full legal support by following this link.