Refugee status in Ukraine
The State Migration Service of Ukraine (hereinafter the SMSU) is the state authority which considers asylum claims in Ukraine.
Asylum seekers have a right to apply for a refugee status in Ukraine on arrival in Ukraine at the border or after crossing the border by visiting SMSU departments.
Asylum in Ukraine
According to the Law of Ukraine “On Refugees and Persons in Need of Subsidiary or Temporary Protection” from 08.07.2011 No 3671-VI (hereinafter – the Law), Ukraine provides protection to foreigners and stateless persons, who are seeking it on Ukrainian territory, by means of recognition as a refugee or a person in need of subsidiary protection (sometimes also defines as a complementary protection), or a person in need of temporary protection (this type of protection yet did not work out in Ukraine unlike two previous types).
Who is an asylum seeker in Ukraine?
Once the asylum claim is admitted the person becomes an asylum seeker – a person who requested the state authority of Ukraine to review the application and make a consideration.
Who is a refugee in Ukraine?
According to the Law, as a refugee may be recognised a person, who is not a citizen of Ukraine and who resides in a country other than the country of his/her origin as a result of fear of becoming a victim of persecution based on race, religion, ethnicity, citizenship (nationality), belonging to certain social group or political opinion and cannot use the protection of the country of origin or doesn’t want to use such protection because of such fears, or doesn’t have citizenship (nationality) and being abroad the country of his/her permanent stay cannot or do not want to return to his/her own country because of the mentioned fears.
Who is eligible for complementary protection status in Ukraine?
Person in need of complementary (subsidiary) protection is a person, who is not a refugee in accordance with the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees and the present Law, but is in need of protection whereas such person was forced to arrive in Ukraine or stay in Ukraine in consequence of the threat to his/her life, safety or freedom in the country of origin owing to fear of execution in relation to him/her a death penalty or implementation of judgment on death penalty, torture or inhuman or degrading treatment or punishment.
For complex migration issues, it’s advisable to seek assistance from a specialized lawyer for proper understanding of legal nuances. Consider scheduling a consultation.
Without a Lawyer– Complexity, bureaucracy, and intricacies. – Long queues and extended or missed deadlines. – High risks of errors and rejections. – Unnecessary waste of time and finances. |
With a Lawyer– Clearness and dependability. – Swiftness and punctual adherence to deadlines. – Compliance and guaranteed results. – Time and cost savings. |
How to request refugee status in Ukraine? How do I apply for asylum in Ukraine?
To apply for refugee status or complementary protection status in Ukraine, you must fill out an asylum application form and questionnaire, and submit it to the respective territorial body of the SMSU.
The SMSU will register your application, determine your identity, interview you and issue you with an asylum seeker certificate. Your application will be considered in three stages and you can expect a decision from the SMSU within six months after your asylum application. In case of a negative decision the appeal procedure can be lengthy.
Rights and Obligations of asylum seeker and refugees in Ukraine
Asylum seekers have the right to be provided with a document called asylum seeker certificate, which serves as a legal basis during the stay in Ukraine.
However unfortunately this type of document is not an identity document and provides a limited range of rights and benefits. Asylum seekers can apply for accommodation to the State Migration Service, which manages three temporary accommodation centres (in Kyiv region, in Zakarpattia region and in Odesa city).
Under the current Ukrainian law the Government provides limited free social and medical assistance to asylum seekers. Asylum seekers have a right for education. Asylum seekers must apply for a work permit if they wish to work.
Obligations and duties of asylum seekers in Ukraine
You have to demonstrate your cooperation throughout the asylum procedure. You should provide all relevant information and documentation to the SMSU. You have to provide the address where you reside in Ukraine as it is reflected on your asylum seeker certificate. If you do not have any residential address in Ukraine, you should register yourself at the centre for homeless persons. This is mandatory to everyone and in case of non-compliance, the person will have to pay a fine. You have to undergo a medical examination and appear at the appropriate SMSU office when requested to come for appointments.
If, for any reason and regardless of the time period, you go to another city or region of Ukraine, you should inform the SMSU about it. You should ensure that your asylum seeker certificate is timely extended. Otherwise, you will have to pay a fine.
Act promptly and reach out to an attorney for enhanced assistance and services. Schedule a consultation without delay.
After recognition
If the SMSU grants you refugee status or complementary protection you will have similar rights to Ukrainian citizens, including those to free movement and choice of residence, education, medical assistance, insurance and health care, family unity, marriage, labour, business activity, social benefits, and legal assistance. You continue to be obliged to respect the Constitution and laws of Ukraine.
SMSU will issue you a certificate stating your status as a refugee or person with complementary protection need. You can legally stay in Ukraine on the basis of this document for an unlimited period, unless there are conditions which cause you to lose your status as a refugee or person with complementary protection need. You must inform SMSU about any change of your address in Ukraine. Every five years, the validity of your certificate as a refugee or person in need of complementary protection must be extended.
Your family members who reside in Ukraine, including your spouse, children under the age of eighteen, parents incapable of working, or other persons under your guardianship, will also be granted the status of refugee or person with complementary protection need. If your family members are in a different country, you can apply for them to join you in Ukraine. If you have refugee status, you can1 apply for Ukrainian citizenship after three years.
What to do in case of negative decision on your asylum claim?
Refugee status determination procedure in Ukraine is very difficult and bureaucratic, and SMSU refuses many claims. Asylum seekers have a right to appeal negative decisions in 5 days either to the higher department of SMSU or to the administrative court, depending on the stage of the procedure.
During the appeal process the asylum seeker certificate is to be extended every 3 months until the consideration of the appeal.
The practice shows that in most cases SMSU and courts do not consider the appeals to grant the status to the asylum seeker, instead they return the claim at the very beginning stage in order to review the claim all over again with new interviews and review of information about the country of origin of the asylum seeker.
Take immediate action and contact an attorney to access exceptional assistance and services. Schedule a consultation right away.
Ivan Goncharov
Immigration Lawyer
Bringing forth more than 10 years of hands-on expertise, I specialize in matters encompassing visas, border crossings, residence permits, immigration, citizenship, international protection, and statelessness. My legal services are tailored to ensure seamless migration experiences, with a particular focus on adept representation in migration disputes, the appeals process, and advocating against governmental inaction. My background and valuable experience spans across the private sector and international non-governmental organizations.
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