Temporary protection – who will benefit from it and what will the beneficiaries be entitled to?

1. Temporary protection is a form of international protection granted in accordance with the principles set out in Council Directive 2001/55 / EC of 20 July 2001 on minimum standards for granting temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in adopting such persons with its consequences, and the provisions of Chapter 3 of the Act of June 13, 2003 on granting protection to foreigners within the territory of the Republic of Poland.

It is designed to protect foreigners who arrive in large numbers on the territory of the Member States of the European Union, who have left their country of origin or a specific geographical area due to foreign invasion, war, civil war, ethnic conflicts or gross violations of human rights. Temporary protection is granted until the return of foreigners to their previous place of residence becomes possible, however, not longer than for a year. It may be extended for a further 6 months, but not more than twice.

2. Due to the aggression of the Russian Federation against Ukraine and the massive influx of war refugees from Ukraine, this institution was introduced on 03/03/2022 to protect them.

Pursuant to the implementing decision of the EU Council, temporary protection covers displaced persons who had to leave Ukraine from February 24, 2022:

1.  Ukrainian citizens residing in Ukraine before February 24, 2022;
2. stateless persons or nationals of third countries other than Ukraine who, before 24 February 2022, were enjoying international protection or equivalent national protection in Ukraine;
3. family members of the two above-mentioned categories of people, if the family was already and stayed in Ukraine before February 24, 2022.

The Council Implementing Decision also provides for the application of the Directive or the protection provided for by the national law of the Member States of the European Union to stateless persons and third-country nationals other than Ukraine who can prove that they were legally resident in Ukraine before February 24, 2022 on the basis of a valid permit. for permanent residence issued in accordance with Ukrainian law, and who are unable to return to their country or region of origin in safe and durable conditions.

3. Pursuant to the provisions of the directive, the authorities of the EU Member States are obliged to guarantee persons from the above-mentioned groups:

a) access to suitable accommodation and, where necessary, the provision of the necessary means to obtain accommodation,

b) providing the necessary assistance in the field of social assistance and obtaining a livelihood, if they do not have sufficient funds,

c) providing medical care,

d) ensuring access to education for persons under the age of 18.

Foreigners enjoying temporary protection will also have the right to:

obtaining documents confirming the use of temporary protection – certificate

a) obtaining documents confirming the use of temporary protection – a certificate

b) work legally and run a business under similar conditions to nationals of a Member State, taking into account the rules applicable to professions,

c) taking advantage of educational opportunities, including adult education, vocational training and the practical acquisition of professional skills.

For an unaccompanied minor who enjoys temporary protection, the court competent for the minor’s place of residence, at the request of the Head of the Office, will establish custody.