Wie man in Belgien vorübergehenden Schutz erhält, wenn man am 24. Februar 2022 im Ausland war – erklärt von den Anwälten von Visit Ukraine

Haben Sie die Ukraine vorübergehend nach Europa verlassen? Sie können weiterhin einen Antrag auf vorübergehenden Schutz in Belgien stellen. Erfahren Sie, wie Sie Ihren Hauptwohnsitz in der Ukraine zum 24. Februar 2022 nachweisen können und welche Dokumente dafür erforderlich sind, anhand einer echten Anfrage an die Anwälte von VU als Beispiel

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

HOLEN

In 2022, the European Union activated the temporary protection mechanism for Ukrainian citizens who were forced to leave their country due to the war for the first time in history. Belgium, like most EU countries, supported this initiative. However, if you were physically outside Ukraine on February 24, 2022 — for example, studying in another country — the situation may seem unclear. In this article, Visit Ukraine lawyers explain whether you are eligible for temporary protection in Belgium in such a situation, using a real client request as an example.

Request (generalized and animated): I currently live and work in Ukraine, where I returned in August 2024 (I last left Ukraine before the full-scale invasion on January 5, 2022). I was previously abroad for educational purposes:

– from September 2021, I studied in Switzerland (on a student visa),

– from August 2023, I studied in the Netherlands (also on a temporary student visa). In both cases, I planned to return to Ukraine after completing my studies, which I did. My stay abroad was temporary, for the purpose of studying. Given this, am I eligible for temporary protection in Belgium? If so, what documents do I need to provide during registration to confirm my permanent residence in Ukraine as of February 24, 2022?

Is it possible to obtain temporary protection in Belgium if you studied abroad – legal advice from Visit Ukraine

What is temporary protection in Belgium?

Temporary protection is a special status that gives Ukrainians the right to legally reside, work, receive medical care, and social benefits in EU countries. In Belgium, temporary protection for Ukrainian citizens was introduced on the basis of the EU Council Decision of March 4, 2022 (2022/382), which activated Directive 2001/55/EC, and implemented by the Belgian authorities through the relevant provisions of the Aliens Code (Code de l'entrée et du séjour).

According to Belgium's official position (information on the CGVS website), Ukrainian citizens who had their “primary residence in Ukraine” as of February 24, 2022, are eligible for temporary protection.

What is considered “primary residence”?

“Primary residence” (résidence principale) means the place where a person physically lived on a permanent basis before the start of the war, not a temporary stay abroad.

This is important because temporary stays abroad (e.g., for study) do not change the fact of permanent residence in Ukraine if your personal, social, and legal ties to Ukraine have been maintained.

In what cases is it possible to obtain temporary protection if you were abroad?

According to the information provided, the client of Visit Ukraine lawyers:

● is a citizen of Ukraine;

● lived and worked in Ukraine until 2021;

● studied in Switzerland from September 2021 and in the Netherlands from August 2023 (both times on student visas);

● had a registered place of residence and real estate in Ukraine;

● was officially employed before leaving and paid taxes in Ukraine;

● left the country before the start of the full-scale invasion (January 5, 2022);

● returned to Ukraine after completing her studies in August 2024.

In this situation, the person has grounds for temporary protection in Belgium, as their stay abroad was temporary and their center of life remained in Ukraine. This means that although the citizen was physically outside Ukraine on February 24, 2022, all key indicators of “primary residence” remained in Ukraine, in particular:

● permanent registration of residence;

● employment and taxes in Ukraine prior to departure;

● presence of housing and family in Ukraine;

● departure abroad before February 24, 2022, without signs of emigration.

In such cases, the Belgian migration authorities individually examine evidence of permanent ties with Ukraine and, if confirmed, grant temporary protection.

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What documents should be provided to confirm residence in Ukraine?

When registering in Belgium for temporary protection, you must prepare copies and translations of the following documents (with an apostille, if possible):

1. Registration of residence in Ukraine (propiska) — extract from the register or document from the Administrative Services Center.

2. Employment contract or certificate of employment as of February 2022.

3. Tax documents — for example, a certificate of income or taxes paid in Ukraine.

4. Documents proving ownership of real estate — extract from the property rights register.

5. Certificate from the university confirming study abroad with indication of the temporary nature of the visa (study purpose).

6. Copy of student visas for Switzerland and the Netherlands.

7. Proof of return to Ukraine — tickets, border crossing stamps, or a new employment contract in Ukraine starting in 2024.

8. Ukrainian passport and foreign passport.

Can temporary protection in Belgium be denied?

Belgian authorities consider such cases individually. If you have not provided sufficient evidence of permanent residence in Ukraine as of February 24, 2022, your application may be denied. However, if you have a complete set of documents and a clear explanation of your situation, the decision is usually positive.

If you have any doubts or your registration is refused, you have the right to appeal or seek legal assistance from organizations that support Ukrainians in Belgium (e.g., Vluchtelingenwerk Vlaanderen, Caritas International, etc.).

Advice from Visit Ukraine lawyers: if your situation is unusual, don't take any risks and contact the migration specialists at Visit Ukraine. We will help you gather the right documents, prepare arguments and a cover letter, and, if necessary, arrange legal support in Belgium through our partners.

Leave a request for consultation on the website, and our lawyers will help you understand your specific situation.

To schedule a consultation:

1. Select a convenient format (support, written or oral consultation)

2. Fill out the form with your details (full name, email, contact phone number).

4. Select a convenient date for the consultation.

5. Read the terms of the agreement and make the payment.

Not sure which consultation format to choose? Contact our managers via Telegram or WhatsApp – they will help you choose the best option for your situation.

Visit Ukraine is your reliable legal partner abroad!

We remind you! In the previous article, Visit Ukraine lawyers explained whether it is possible to obtain temporary protection in Germany if you have a residence permit in another country.

Photo: AndrewLozovyi / VistaCreate

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