A guide for Ukrainians in Spain
Ukrainians do not need a visa to enter and stay "as a tourist" for up to 3 months throughout the Schengen area, despite the fact that EU member states may re-impose controls. Citizens can settle in any EU country. The period for which temporary protection is granted is 1 year with the possibility of extension up to 3 years (in periods of 6 months).
WHAT IS TEMPORARY INTERNATIONAL PROTECTION?
This is an exceptional procedure under which, in the event of a massive influx or imminent massive influx of displaced persons from third countries who are unable to return to their country of origin, they are immediately guaranteed temporary protection, especially if the refugee system also risks not being able to withstand the burden caused by the number of people without adversely affecting its proper functioning and the interests of the affected people and other people seeking protection.
The application for temporary protection is submitted by the person concerned in person to the officials of the Main
Police Department. In case of minors accompanied by adults, the request is submitted by the person responsible for them.
PERSONS ENTITLED TO ACCESS THE TEMPORARY PROTECTION SYSTEM
Council Implementing Decision (EU) 2022/382 of March 4, 2022, confirming the existence of mass migration of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC and, with the start of temporary protection, which, according to the Council of Ministers, will apply to the following categories of people
1) Citizens of Ukraine who were in Spain before February 24, 2022 and who, as a result of the armed conflict, cannot return to Ukraine.
2) Third-country nationals or stateless persons who legally resided in Ukraine on the basis of a valid residence permit (permanent residence or student) obtained in accordance with Ukrainian law and cannot return to their country or region.
3) Citizens of Ukraine who were in an irregular situation in Spain before February 24 and who cannot return to Ukraine as a result of the armed conflict.
TIME LIMITS FOR OBTAINING TEMPORARY PROTECTION
An informative note dated 04.03.2022 from the Ministry of Inclusion, Social Protection and Migration establishes a criterion according to which
that persons entitled to temporary protection should obtain documents as soon as possible (maximum 3 months), either by announcing their intention to apply for temporary protection or by submitting an application for international protection, or by providing documents confirming that they are recipients of international protection.
HOW LONG WILL TEMPORARY INTERNATIONAL PROTECTION LAST?
In accordance with Directive 2001/55/EC, temporary protection should have an initial duration of one year, with the possibility of automatic extension for periods of six months for a maximum of one year. That is, initially until March 4, 2023.
If the reasons for granting temporary protection persist, it will be automatically extended for another year, i.e. until March 4, 2024. As an exception, Spain has established the possibility of extending it for another year, if the reasons for temporary protection remain, until March 4, 2025.
WHAT DOCUMENTS ARE REQUIRED TO ENTER SPAIN?
Ukraine is listed in Annex II to Regulation (EU) 2018/1806 of the European Parliament and of the Council, and its citizens are exempt from the obligation to hold a visa to cross the external borders of the Member States for a stay of no more than 90 days within 180 days, provided they have a biometric passport.
If you are a Ukrainian and want to enter Spain but do not have a biometric passport or travel documents, you can contact the Consulate in a country bordering Ukraine (e.g. Poland, Romania, Hungary, etc.) to help you.
If you do not have a passport or any travel documents, please present your birth certificate or any document confirming your identity, as well as, if available, any document confirming your residence in Ukraine until February 24, 2022. For minors: a birth certificate of the minor, a certificate confirming family or kinship with the guardians or persons accompanying the minor and responsible for him/her.
HOW LONG DOES IT TAKE TO PROCESS THE REQUEST?
The Office for Refugees and Asylum will process applications for temporary protection using an accelerated procedure. The decision will be issued within 24 hours.
WHAT RIGHTS DOES TEMPORARY PROTECTION GIVE?
A request for temporary protection entitles the person concerned to remain in Spain and receive social assistance under the provisions of temporary protection in the event of mass migration of displaced persons while the application is being considered.
Persons enjoying temporary protection may use social, educational and health services in the absence of economic resources. In general, they will have access to education, healthcare, social security and social services under the same conditions as foreigners residing in Spain.
Persons granted temporary protection under the age of 18 who are in a state of helplessness will be referred to the competent juvenile protection services, and the prosecutor's office will also be notified. During the proceedings, the minor will be represented by a guardian legally entrusted with the minor.
IS IT POSSIBLE TO WORK IN SPAIN?
Yes. The temporary protection order includes a residence and work permit, both under a contract and as a self-employed person.
IS TEMPORARY INTERNATIONAL PROTECTION VALID ONLY IN ONE EU COUNTRY?
Persons granted temporary protection are generally obliged to remain in the EU Member State that grants this protection. However, EU Member States may decide otherwise on the basis of a bilateral agreement.
The rights under the Temporary Protection Directive apply in all EU Member States except Denmark. They do not apply in the countries associated with the Schengen area (Switzerland, Norway, Liechtenstein, Iceland).
CAN TEMPORARY INTERNATIONAL PROTECTION BE CANCELED?
Yes. Temporary international protection may be revoked if there are reasonable grounds to believe that the person:
- Has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments designed to respond to such crimes.
- Committed a serious general crime outside the Spanish state before being admitted as a person granted temporary protection. The seriousness of the expected persecution must be considered in relation to the nature of the crime allegedly committed by the person concerned.
- Particularly brutal acts, even if they were committed for an allegedly political purpose, may be qualified as serious general crimes. This is true for both the perpetrators and the instigators.
- Was guilty of actions contrary to the purposes and principles of the UN.
- When there are reasonable grounds to believe that the person poses a threat to national security, or when, because he or she has been
has been finally convicted of a particularly serious crime, he or she poses a threat to public order.
The Spanish government has developed a social protection program that provides housing, access to food, clothing, and psychological assistance.
For more information, please contact the Refugee Centers (OARs).
The Spanish government has established a round-the-clock hotline for people forced to flee the war in Ukraine. The service is available in Ukrainian and Spanish. You can make an appointment by calling (+34) 91 047 44 44.
Las Caracolas Refugee Center in Madrid (temporary housing and food)
Address: Avenue del Mayorazgo, 28051, Madrid, nearest metro station "Congosto" and "La Gavia" line
Social Assistance Point Training Center for Social Security Bodies
Address: José de Carabanchel a Aravaca, 91, 28233, Posuelo de Alarcon, Madrid