1. International Temporary Protection.

For the reception of Ukrainian citizens (“UA citizens”), Article 5 of European Directive 2001/55/EC of 20 July 2001 had to be activated to be able to process and recognize their right to temporary protection.

The UA citizens must apply for “international protection” in person, if they are already inside Spanish territory at the Asylum and Refuge Office (OAR), at any Office for Foreigners, at authorized Police Stations or at Immigration Detention Centers in the city where they are. They must provide a travel document proving their identity.

The application must be submitted within ONE MONTH of entry into Spain or of the occurrence of the events justifying the application.

On 10/03/2022, Order PCM/169/2022 of 9 March of the Ministry of the Presidency, Relations with the Courts and Democratic Memory was published, which develops the procedure for the recognition of temporary protection for persons affected by the conflict in Ukraine. It should be noted that:

  1. The Resolution granting temporary protection will include authorization for residence and work.
  2. The decision shall be taken within 24 hours of the application for temporary protection.
  1. Requirements for applicants.

It must be confirmed that the applicant fulfils the requirements of Art. 2 of the EU Council of Ministers Decisions, which applies to the following categories of persons displaced from Ukraine from 24/02/2022 onwards, as a result of the military invasion by the Russian armed forces which started on that date:

(a) Ukrainian nationals residing in Ukraine before 24/02/2022.

b) Stateless persons and nationals of third countries other than Ukraine who enjoyed international protection or equivalent national protection in Ukraine before 24/02/2022.

c) Family members of persons referred to in points a) and b).

Order PCM/170/2022 of 9 March publishes the Resolution of the Spanish Council of Ministers dated 08/03/2022, extending the temporary protection granted by virtue of EU Council of Ministers’ Decisions to the following persons, making use of the option provided for in Directive 2001/55/EC:

1) Ukrainian nationals staying in Spain before 24 February 2022 who, as a result of the armed conflict, are unable to return to Ukraine.

2) Third-country nationals or stateless persons who were legally residing in Ukraine on the basis of a valid legal residence permit (whether permanent or otherwise as students) issued in accordance with Ukrainian law and cannot return to their country or region. 

3) Nationals of Ukraine who were in an irregular situation in Spain before 24 February and who, as a result of the armed conflict, cannot return to Ukraine.

4) Members of the families of the persons referred to in paragraphs 1 and 2 in the following terms: a) their spouse or unmarried partner; b) their unmarried minor children or their spouse’s minor children, without distinction as to whether they were born in or out of wedlock or adopted; c) other close relatives who were living together as part of the family unit at the time of the circumstances related to the mass influx of displaced persons and who were wholly or mainly dependent on them.

  1. Time limitations on residence in Spain.

The maximum allowed duration of stay in Spain is ONE YEAR, automatically extendable for another annual period.

In particular, the protection will be in force until 4 March 2023. If the grounds for granting temporary protection persist, it will be automatically extended for a further annual period, i.e. until 4 March 2024. If the grounds for temporary protection persist, the Commission may propose to the Council to extend the temporary protection for a further year (i.e. until 4 March 2025).

  1. Residence and employment allowance in Spain. Other rights.

Residence and employment in Spain are allowed for ONE YEAR, extendable for ONE MORE YEAR.

The healthcare is covered for the beneficiaries of temporary protection, including children. Other family members, who do not have sufficient resources, may benefit from social and health services in accordance with asylum regulations.

UA citizens will have the same rights as any legal resident in Spain, including the possibility to open and use a bank account.

  1. The Refugee Reception Centre.

The Refugee Reception Centre (C.A.R) makes available to beneficiaries of international protection in Spain some benefits, if the following conditions are met:

    • They have lack work or financial means to meet their needs and those of their family.
    • They do not suffer from communicable diseases or physical or mental disabilities that may alter the normal coexistence in the center.
    • They expressly accept the regulations governing the center.

At the center they will be offered:

    • Temporary board and lodging.
    • Information and advice on your situation.
    • Guidance for your incorporation into the educational, health and social system.
    • Guidance and intermediation for vocational training and job placement.
    • Occupational, leisure and free time activities.
  1. State program for the support cash payments to UA citizens.

Royal Decree 865/2006 of 14 July 2006 lays down the rules governing public subsidies to beneficiaries of the Refugee Reception Centers integrated in the Network of Migration Centers of the Ministry of Labour and Social Affairs.

 

Ventura Garcés condemns the outrageous Russian invasion of Ukraine. The firm is pleased to support all Ukrainian citizens by providing all necessary legal assistance to meet all requirements necessary to enter into Spain.