UE introduces the mechanism of temporary protection for people fleeing war in Ukraine

Over 3 million people have already fled from Ukraine following Russia’s military invasion on 24 February. In response to the large-scale migration, on 4 March 2022, the Council of the European Union adopted an implementing decision introducing temporary protection , which became effective in all member states. 

 
Temporary protection is an exceptional measure which aims to provide an immediate and collective (i.e. without the need for the examination of individual applications) protection to displaced persons unable to return to their country of origin . The emergency mechanism ensures the legality of stay, access to the labour market and housing, medical assistance and access to education for children for an initial period of one year. The period may be extended. The European Commission may also propose to end the temporary protection if the situation in Ukraine is considered safe. 

Nevertheless, the mechanism does not apply to all groups forced to leave Ukraine. At present, temporary protection may be granted to Ukrainian citizens, stateless persons and third-country nationals enjoying international protection in Ukraine and their family members (provided they resided there before or on February 24, 2022).   Member States may also extend temporary protection to third-country nationals who were legally residing in Ukraine and who are unable to return safely to their country or region of origin. 

It is worth mentioning that few days before the introduction of temporary protection, Poland adopted the special act on assistance to Ukrainian citizens who have fled Ukraine after February 24. Both mechanisms differ in particular aspects related to the right to residence and social assistance. Particularly, the differences occur in the case of citizens from outside Ukraine who are not entitled to the rights introduced by the special act in Poland, as well as for Ukrainians who entered Poland from other countries.   Maciej Wąsik, Deputy Minister of Internal Affairs and Administration, declared that the authorities would elaborate the amendment of the national act.

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