Obtaining refugee status or additional protection

Obtaining refugee status or additional protection

In accordance with the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection", Ukraine provides protection to foreign citizens and stateless persons who are sought on its territory by:

- Recognition as a refugee

- Recognition by a person in need of additional protection

- Recognition by a person in need of temporary protection.

Consequently, these concepts are more in accordance with the law.

A refugee is a person who is not a citizen of Ukraine and because of justified fears of becoming a victim of persecution on grounds of race, religion, nationality, citizenship (citizenship), membership of a particular social group or political convictions is outside the country of his or her nationality and can not enjoy the protection of this or does not want to use this protection as a result of such fears, or, having no citizenship (nationality) and staying outside the country of his previous permanent residence, does not Auger or unwilling to return to it because of these fears;

A person in need of additional 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 on the Status of Refugees but needs protection because such a person was forced to come to Ukraine or stay in Ukraine as a result of the threat to her life , security or freedom in the country of origin because of fears of the death penalty or execution of the death penalty or torture, inhuman or degrading treatment or punishment or widespread violence in the situation international or internal armed conflict or systematic violations of human rights and is unable or unwilling to return to that country because of these fears;

Persons in need of temporary protection are foreigners and stateless persons who are massively compelled to seek protection in Ukraine owing to external aggression, foreign occupation, civil war, ethnic conflicts, natural or man-made disasters or other events that violate public order in a particular part or throughout the country of origin;

A person who intends to be recognized as a refugee in Ukraine or a person who needs additional protection has crossed the state border of Ukraine in accordance with the laws of Ukraine, must within five working days apply to the territorial authority of the Migration Service, which implements the state policy in the field of refugees and persons requiring additional or temporary protection, with the application for recognition as a refugee or a person who needs additional protection.

The territorial body of the migration service, which implements the state policy in the field of refugees and persons requiring additional or temporary protection, who has taken into consideration the application of a foreigner or stateless person to be recognized as a refugee or a person who needs additional protection, shall issue to the applicant an application for protection request in Ukraine and registers the applicant. Within fifteen working days from the date of registration of the application, the central executive authority, implementing the state policy in the field of refugees and persons requiring additional or temporary protection, interviews the applicant, examines the information contained in the application, and other documents, requires additional information and decides on the registration of documents for resolving the issue of recognition as a refugee or a person who needs additional protection, or about refusing to process documents for solving this issue.

At the request of the applicant, a lawyer takes part in the preliminary examination of the application for recognition as a refugee or a person who needs additional protection. The appointment of a lawyer to provide legal aid to the applicant is in accordance with the established procedure.

Consideration of the application for recognition as a refugee or a person who needs additional protection is carried out by the migration service authorities, which implements the state policy in the field of refugees and persons requiring additional or temporary protection, within two months from the date of the decision on the registration of documents for resolving the issue of recognition refugee or a person in need of additional protection. disasters or other events that violate public order in a particular part or throughout the country of origin;

The term of consideration may be extended by an authorized official of the central executive authority, which implements the state policy in the field of refugees and persons requiring additional or temporary protection, on the motivated submission of the employee who is considering the application, but not more than three months.

Decision on the application for recognition as a refugee or a person in need of additional protection, including in respect of juvenile children (the applicant's family members or those under his guardianship or guardianship) who are staying with him on the territory of Ukraine, submitted to the applicant's application form, on the recognition of which refugees or persons requiring additional protection are the written consent of the applicant, expressed in the application form or application, is taken by the migration service authorities, which implements the state policy in the field of refugees and persons who need additional or temporary Assistance protection within a month from the date of receipt of the applicant's personal file and written statement.

The term of the decision may be extended by the head of the migration service, which implements the state policy in the field of refugees and persons requiring additional or temporary protection, but not more than three months.

A refugee certificate or ID card requiring additional protection is issued for a term of five years.

In order to receive the refugee status without difficulty and to be sure of the positive decision of the Migration Service, we advise everyone to apply to the specialists of the Migration Department of the law firm "Prikhodko & Partners" for consultation and preparation of all documents.