What is Temporary International Protection?
What is Temporary International Protection?
This is an exceptional procedure that guarantees immediate protection to displaced persons from third countries who cannot return to their country of origin due to a mass influx or an imminent risk of such an influx. This mechanism is particularly necessary when the asylum system risks becoming overwhelmed, ensuring that those affected receive the necessary assistance without negatively impacting existing asylum procedures.
Applications for temporary protection must be submitted in person at the relevant offices of the General Directorate of Police. In the case of minors accompanied by adults, the responsible guardian must file the request on their behalf.
Who is Eligible for Temporary Protection?
Council Implementing Decision (EU) 2022/382 of March 4, 2022 acknowledges the existence of mass displacement from Ukraine under Article 5 of Directive 2001/55/EC, granting temporary protection to the following categories:
- Ukrainian nationals who were legally present in Spain before February 24, 2022 and, due to the armed conflict, are unable to return to Ukraine.
- Nationals of third countries or stateless persons who legally resided in Ukraine under a valid residence permit (including permanent residence or student permits) and cannot return to their country or region of origin.
- Ukrainian nationals who were in an irregular situation in Spain before February 24, 2022 and, due to the war cannot return to Ukraine.
Timeframe for Obtaining Temporary Protection
The informational notice from the Ministry of Inclusion, Social Security, and Migration of March 4, 2022 establishes that individuals entitled to temporary protection must receive their documentation as quickly as possible (within a maximum of three months). This can be achieved by declaring the intention to apply for temporary protection, submitting a request for international protection, or presenting documents proving their eligibility for international protection.
Extension of Temporary Protection until March 4 2025
The Spanish government has extended temporary protection for Ukrainian citizens until March 4, 2025. This means that Ukrainians who have already been granted temporary protection can continue to enjoy their rights without the need for reapplying.
Automatic Renewal of Foreigner Identity Cards (TIE)
The Foreigner Identity Cards (TIE) issued to Ukrainian refugees have been automatically extended until March 4, 2025. This eliminates the need to visit government offices to renew or extend the validity of these documents.
Required Documents for Entry into Spain
Ukraine is listed in Annex II of Regulation (EU) 2018/1806 of the European Parliament and Council, exempting Ukrainian citizens from visa requirements for entering EU member states for stays of up to 90 days within a 180-day period, provided they hold a biometric passport.
If a Ukrainian citizen wishes to enter Spain but does not have a biometric passport or travel documents, they should contact the Consulate in a neighboring country (such as Poland, Romania, or Hungary) for assistance.
If no passport or travel documents are available, a birth certificate or any other document confirming identity must be presented. Additionally, any document verifying residence in Ukraine before February 24, 2022 should be provided, if available.
For minors: a birth certificate, proof of family or guardianship relationships, or documents verifying the accompanying adult's responsibility for the minor must be presented.
Processing Time for Applications
The Office for Asylum and Refuge (OAR) will process temporary protection applications under an expedited procedure, with a resolution issued within 24 hours.
Rights Granted Under Temporary Protection
Temporary protection allows beneficiaries to remain in Spain and access the social assistance established under the temporary protection framework in cases of mass displacement. Individuals benefiting from temporary protection, if lacking financial resources, have access to social, educational, and healthcare services. In general, they will have the same rights to education, healthcare, social security, and public services as other legally residing foreign nationals in Spain.
Minors under temporary protection who are unaccompanied or in a state of vulnerability will be referred to the competent child protection services, with notification to the public prosecutor's office. During the application process, a legally designated guardian will represent them.
Employment Rights in Spain
The decision granting temporary protection includes authorization for both residence and employment, whether under an employment contract or as a self-employed individual.
Is Temporary International Protection Limited to One EU Country?
Individuals granted temporary protection are generally required to remain in the EU member state that provided the protection. However, EU member states may establish bilateral agreements to permit relocation. The rights established under the Temporary Protection Directive apply to all EU member states except Denmark. They do not extend to Schengen-associated countries such as Switzerland, Norway, Liechtenstein, and Iceland.
Can Temporary International Protection Be Revoked?
Temporary international protection can be revoked if there are justified grounds to believe that the individual:
- Has committed a crime against peace, a war crime, or a crime against humanity, as defined in international treaties developed to respond to such crimes.
- Has committed a serious non-political crime outside Spain before being admitted as a person eligible for temporary protection. The seriousness of the offense should be assessed based on its nature and gravity.
- Has engaged in particularly cruel acts, even if politically motivated, which may be classified as serious non-political crimes. This applies both to direct perpetrators and those who incited such acts.
- Has been involved in activities contrary to the purposes and principles of the United Nations.
- Is deemed a threat to national security or, having been convicted of a particularly serious crime, poses a risk to public order.
The Spanish government has established a social protection program providing housing, food, clothing, and psychological support.