ACQUISITION OF REFUGEE STATUS IN UKRAINE

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ACQUISITION OF REFUGEE STATUS IN UKRAINE

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 In connection with the unstable geopolitical situation, numerous armed conflicts on various bases and the consequences of the economic crisis in the world, gradually, on a transnational scale, the issues of providing protection to vulnerable segments of the population living in areas of continuous risk to life, health and normal social existence with the subsequent implementation civil and political rights.

 Since Ukraine is recognized as a state of destination and a transit country for persons in need of international protection, the current legislation provides for an appropriate legal mechanism for granting refugee certificates to these persons.

 So, according to Art. 1 of the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection"the first person can be a person who does not have Ukrainian citizenship and, due to personal fears, may become a victim of persecution on the basis of his relationship to a certain social group, nationality, religion, race, citizenship (nationality) or his political convictions is outside the country of his citizenship and cannot enjoy the protection of his native state or does not want to use this protection in connection with such fears, or, having no citizenship (nationality) and being not in the country of his real residence, does not have desires or cannot come back again due to the above circumstances.

 It is noted that in order to obtain a refugee certificate in Ukraine, a person (or his legal representative) must, within 5 working days from the date of crossing the state border, in a legal way, apply to the territorial department (department) of the State Migration Service of Ukraine with an application for recognizing her as a refugee ... This application must be submitted by a person in need of legal protection in Ukraine at the place of temporary stay.

 In particular, in case of ignorance and misunderstanding of the state language by the subject of circulation, the person has the right to receive the service of translation of the Ukrainian language, involving the translator in the process of processing the application and its consideration.

 In the application for the granting of refugee status, a person must indicate compelling reasons for fear for his life if he returns to his country of origin and provide information that can confirm this fact.

So, to the application for recognition as a refugee services:

  • identity documents of the applicant (passport or certificate of the established form, confirming the citizenship of the country of origin);
  • documents and materials confirming the existence of circumstances for obtaining refugee status.

 Separately, the applicant must provide 4 photos, and in the case of accompanying minor members of his family - an additional 4 photos for each person.

 If the documents that confirm the identity of the applicant are absent or are not real, then such a person must notify this circumstance in the application, and also explain the reasons for the occurrence of such circumstances.

 After submitting an application for obtaining a refugee certificate, a person is issued a certificate of applying for protection in Ukraine, which is a document confirming the legality of his stay in Ukraine for the period of issuing a refugee certificate, which begins from the moment the person applies with the appropriate application and is valid for the exercise of rights and fulfillment of duties stipulated by the laws of Ukraine, until the final determination of the status of such a person or his / her departure from the territory of Ukraine.

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Expert in migration and corporate law practices also specializes in legal support for start-up projects.

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