Refugee status and temporary protection: what is the difference

Unfortunately, the number of people who have travelled abroad in search of safety and protection from hostilities is increasing every day. The largest number of refugees from Ukraine after 24 February 2022 was received by Germany, the Czech Republic and Poland. Like most EU countries, they have assistance programmes for displaced people.

By crossing the border of an EU member state, a person can acquire refugee status and be granted temporary protection.

What is the difference between the statuses and what rights do both categories have?

Both statuses are different legal concepts and have different legal consequences for those who leave the territory of Ukraine. Often, the terms are confused and generalised by the term “refugee”. As a result, a person crossing the border may incorrectly identify the category of protection they wish to receive.

Refugee status

Refugee is a general term that describes people who have been forced to leave their homes and seek protection in a safer place.

Who can be granted refugee status?

A person can apply for refugee status if he or she:

• has a well-founded fear of being persecuted for reasons of race, religion, nationality, or political opinion;
• is outside the country of his/her nationality;
• is unable or unwilling to enjoy the protection of his/her country.

Duration of refugee status

The refugee status guarantees the right to reside on the territory of the state for an indefinite period of time. It can be withdrawn as soon as there is evidence indicating grounds for reconsideration. It should be noted that the end of the war in Ukraine is not an automatic ground for depriving a person of the relevant status.

How to obtain refugee status?

The process of obtaining refugee status involves an administrative procedure that lasts from 6 months. To do this, you need to apply for the relevant status to the competent authority of the country whose border you first crossed. Each EU country has its own peculiarities of the application procedure, for example, the withdrawal of a passport before the expiry of the 6-month period, a ban on employment during this period and leaving the country of residence, and mandatory residence in a place designated by the state.

What rights do people with refugee status have?

Refugee status provides a fairly similar range of rights as temporary protection. The main difference is that not all rights are available immediately upon application for refugee status. People who have already been granted refugee status are entitled to

• accommodation (usually a bed in a refugee centre);
• free meals;
• medical care (limited);
• free travel in public transport.

The peculiarity of acquiring refugee status is that for 6 months a person cannot be employed while his/her application for refugee status is being considered. This restriction applies even if the person has lived and worked in this country before.

Temporary protection

Temporary protection is regulated by EU Directive 2001/55/EC, which was activated by EU Council Decision 2022/382 of 04.03.2022 specifically for Ukrainians.

Ukrainians can legally stay with temporary protection status in any EU country. It is granted immediately after crossing the EU border. After registering with the relevant authorities of the country, Ukrainians can immediately enjoy the rights of the status granted.

Who can be granted temporary protection?

All citizens of Ukraine and their family members who crossed the border on 24.02.2022 and later are eligible for the status. Each Member State may, at its discretion, grant temporary protection to Ukrainian citizens who arrived in the EU before the outbreak of war for various reasons (e.g., for holidays, business trips, or to flee a possible war).

Duration of temporary protection

The status is valid for one year (until 04.03.2023) and can be automatically extended twice for 6 months if there are reasons for granting such protection, but for a maximum of one year (until 04.03.2024). At the same time, the European Commission may propose an extension for another year (until 04.03.2025). Thus, temporary protection for Ukrainians in the EU will be valid until the end of the war in Ukraine.

How to obtain temporary protection?

When crossing the border of an EU member state, state authorities must inform the person of the right to temporary protection. The process of obtaining the relevant status is fast and as simple as possible. In different EU countries, different authorities deal with temporary protection issues. Temporary protection does not exclude the possibility of applying for refugee status.

What rights do people with temporary protection status have?

Under temporary protection, a person receives

• the right to reside in the country in which they applied for temporary protection;
• access to employment (from the moment of applying for protection);
• access to housing (competent authorities/volunteer organisations can help with obtaining it);
• medical care;
• social assistance;
• access to education for children and adolescents.

Thus, refugee status and temporary protection are very similar concepts, but they differ in terms of the countries where they are granted and legal aspects. If a person wants to immediately receive all social rights and plans to return to the territory of Ukraine after the end of hostilities, then temporary protection will be the most optimal option. However, if a person plans to obtain permanent residence and access to the EU integration system, it makes sense to apply for refugee status.

The material was created by the NGO “Institute for Analytics and Advocacy” within the framework of a project implemented in partnership with the Danish Refugee Council (DRC) and funded by the European Union’s civil protection and humanitarian assistance. However, the views and opinions expressed are those of the author(s) alone and do not necessarily reflect the views of the European Union or DRC. Neither the European Commission nor the DRC can be held responsible for any use which may be made of the information contained in this material.