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Petryk Tetiana

Head of migration law practice, master of law, expert in the field of migration law.

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Obtaining refugee status. Nuances of the procedure

Let’s consider some points of this process. To begin with, you need to understand that in any case, after submitting documents to the competent authorities, one of two scenarios may develop: first: documents are accepted for consideration, all the necessary measures and actions are taken to check if there are grounds for granting refugee status or a person with additional or temporary protection, a decision is made in relation to the applicant and the corresponding document is issued. The second option, less pleasant – at any stage of the examination of documents, the applicant may be refused to grant him refugee status or a person with subsidiary or temporary protection with an explanation of the reason for the refusal from the relevant state authorities.
Due to the fact that the second scenario is difficult to predict, as it arises due to many factors, including the lack of grounds for obtaining status, the presence of incorrectly prepared or submitted documents, violation of the deadlines or receiving negative responses to SMS requests from the relevant state bodies that, within the framework of their powers, check for the existence of grounds for refusing to grant status – let’s consider the first scenario in more detail.
So, after arriving in Ukraine, the foreigner-applicant has the right to apply within 5 working days from the moment of arrival in Ukraine to the migration service to grant him refugee status or a person in need of additional or temporary protection, having for this the grounds provided for by law, and in the case of illegal border crossing – immediately, providing appropriate explanations for illegal entry into Ukraine. If the foreigner-applicant does everything correctly, then administrative actions will not be taken against him for violation of the period of stay in Ukraine. The procedure begins with the submission of an appropriate application form for granting status to the migration service at the place of temporary residence of the foreigner. This application can be submitted in person or by a representative of the applicant. The application must also include photographs, a document confirming the identity of the applicant (that is, a passport with a notarized translation) and relevant materials and documents that prove the existence of grounds for granting refugee status or other status. If the applicant does not have a passport document, the application is filled out with words.
When the documents from the applicant are accepted, he is given a certificate of appeal for protection for a period of 1 month (which can be extended every month or for several months at once, at the discretion of the MC), a series of interviews is carried out and a decision is made in granting the status. In case of a positive decision, the application and case materials are transferred to the CMU of the SMS.
CMU HMS has the right to consider the application for 2 months, and if necessary, extend the period up to 3 months. Additional interviews may be conducted during the review process. Within the framework of their powers, the CMU HMS, together with the SBU, check whether there are grounds for refusing to issue a status. After all the checks have been carried out, a conclusion on the granting of the status is prepared and sent for final approval to the management.
After that, the documents are transferred to the Department of the SMS. Within the framework of their powers, together with the Ministry of Foreign Affairs and other bodies, if necessary, the fact of the existence of grounds for refusing to issue a status is checked. After the final decision is made, all the materials of the case are returned to the CMU of the SMS, which, within 15 working days from the date of the decision, issues a refugee certificate, a person with subsidiary or temporary protection to the foreigner – the applicant. This certificate is issued for a period of 5 years.
The procedure for obtaining and obtaining refugee status or a person in need of complementary or temporary protection is so complicated that it requires a scrupulous attitude, attention and legal literacy, therefore, contact our law firm. We will do all the work for you with high quality and professionalism.

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