Temporary protection measures in Spain for displaced people from Ukraine

10 March 2022
Business Consultancy

The government of Spain has approved an agreement that will allow the citizens of Ukraine, affected by the conflict, to invoked since the 10th of March to a series of temporal measures of protection, according to EU Directive 2002/72/EC. This protocol will facilitate even more, the regulation of Ukraine citizens already living in Spain, allowing the automatic access to residence and work permit.

This temporal protection could be applied to in specific police stations of the Nacional Police, as in authorized reception centres. The requesters would be able to access these locations, where state employees will take note of their personal information and will issue a supporting document in their request of protection, in which will appear an assigned NIE.

Awaiting to have more detail information about this procedure, below we expose the main key questions.

Which requirements must be met by displaced persons from Ukraine in order to enter Spain?

They do not need to apply for a visa if the already have a biometric passport.
If they do not have a biometric passport or travel documents, they can go to a consular office on the border with Ukraine, for their situation to be studied.
If they do not have a passport neither any other travel documents, they will have to show any documents that’s proves their residence in Ukraine before the 24th of February of 2022
For minors, they will must show a certificate attesting to the family relationship or the relationship with the guardians or persons who accompany the minor and are in charge of him.

What measures of temporal protection for displaced persons will this agreement provide?

The directive 2001/55/CE of protection for displaced persons allows the displaced ukrainians to reside, work or study in the UE for a year renewable up to three, without the need of seeking asylum. This work and residence permit will be valid for the whole length of the protection.

The beneficiaries of this protection, will be able to enjoy the following rights:

Working as self-employed or for another.
Access to expected benefits under the reception system.
Medical assistance
Children under 18 years will have the right to access education, in the same condition as nationals of the UE country they are in.

What is the reception procedure for displaced persons?

Those persons who do not have the economic resources, will be able to apply to access the reception system, as long as the meet the following requirements:

They have been displaced persons from Ukraine from the 24th of February of 2022 as a result of the Russian invasion.
Persons who are in Spain after the conflict started and that have not been able to return to their country.
These two cases include long-term Ukrainian nationals with their families. The system foresees a methodology of intervention of routes by phases, depending of the level of autonomy the displaced persons acquire.

What happens to the persons of Ukrainian nationality who have been less than 90 days in Spain previous to the 24th of February?

If these persons have been less than 90 days in the country, their situation will still be regular, as they are in the Schengen zone. The regime of temporary protection will have in account their situations prior to the 24th of February, whether by tourist trip, study or business and see their return to Ukraine impossible.

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