Obtaining Refugee Status in Ukraine

YURIY PROTSENKO
Partner, Head of Corporate and Migration Law Department

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Obtaining Refugee Status in Ukraine
«AROU»

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    During times of war, individuals often have to make quick and crucial decisions aimed at preserving their own safety and well-being. One such important step is seeking refugee status abroad or forced displacement within the country. These aspects require a competent approach and corresponding professional support. Experts specializing in these matters ensure timely and effective problem-solving, which not only helps save time and money but also ensures safety and protection of the client’s interests in complex situations.

    According to the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection,” Ukraine provides protection to foreign nationals and stateless persons seeking it on its territory through:

    • recognition as a refugee;
    • recognition as a person in need of additional protection;
    • recognition as a person in need of temporary protection.

    A refugee is a person who is outside the country of their citizenship due to well-founded fears of being persecuted for various reasons such as race, religion, nationality, citizenship (nationality), membership in a particular social group, or political beliefs.

    They cannot rely on their country’s protection or refuse such protection due to these well-founded fears. Also, if a person is outside the country of their previous habitual residence, does not have citizenship (nationality), and does not wish to return to it due to these well-founded fears, they may also be recognized as a refugee.

    A person who wishes to be recognized as a refugee in Ukraine or as a person in need of additional protection is obliged, according to Ukrainian legislation, to apply to the relevant territorial authority of the Migration Service within five days of crossing the state border.

    This authority is responsible for implementing state policy in the field of refugees and persons in need of additional or temporary protection. The person must submit an application expressing their desire to be recognized as a refugee or a person in need of additional protection in accordance with established rules and procedures.

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      What are the terms for obtaining refugee status?

      After receiving an application from a foreigner or stateless person intending to be recognized as a refugee or a person in need of additional protection, the territorial authority of the migration service responsible for implementing state policy in this area issues the applicant a certificate of their application for protection in Ukraine and registers them.

      After that, within fifteen working days from the date of registration of the application, the central executive authority responsible for implementing state policy in this area conducts an interview with the applicant, analyzes the information provided in the application and other documents, requests additional information, and makes a decision on issuing documents to resolve the issue of recognizing them as a refugee or a person in need of additional protection, or refusing to consider this issue.

      The decision on the application for recognition as a refugee or a person in need of additional protection, including minors residing with them in Ukraine (as family members or under guardianship or care), and included in the applicant’s questionnaire as potential refugees or persons in need of additional protection, is based on the written consent of the applicant expressed in the respective questionnaire or application.

      This decision is made by competent authorities of the migration service responsible for implementing state policy in this area, within one month from the receipt of the applicant’s personal file and written opinion.

      Cases where it is necessary to extend the term of decision-making may be considered by the head of the migration service, but not more than for three months.

      The Lawyers and Realtors Association of Ukraine “AROU” has been specializing in migration issues for over 20 years. We assist our clients even in the most complex situations. You can confidently address us from multiple countries around the world for proper and qualified assistance.