UkraineHumanitarian protection
Explore the five recorded questions, answers and sources for this pathway.
This is an asylum application procedure for refugee status or complementary protection status in Ukraine.
To apply for refugee status or complementary protection status in Ukraine
The mechanism covers persons who are not citizens of Ukraine and who meet the refugee definition (well-founded fear of persecution for reasons of race, religion, nationality/citizenship, membership of a particular social group or political opinion, outside their country of nationality/citizenship and unable or unwilling to avail themselves of that country's protection) or the complementary protection definition (not a refugee but in need of protection because of a threat to life, safety or freedom in the country of origin owing to fear of death penalty, torture, inhuman or degrading treatment, punishment, or generalised violence in situations of international or internal armed conflicts, or systematic human rights abuses).
In line with international law, Ukrainian legislation defines a refugee as a person, who - is not a citizen of Ukraine; and - owing to a well-founded fear of being persecuted for reasons of race, religion, nationality/ citizenship, membership of a particular social group or political opinion, is outside the country of their nationality/citizenship; and - is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country
Ukrainian legislation defines a person in need of complementary protection as a person, who is not a refugee, but is in need of protection because of a threat to their life, safety or freedom in the country of origin, owing to a fear of death penalty, torture, inhuman or degrading treatment, punishment, or generalised violence in situations of international or internal armed conflicts, or systematic human rights abuses.
Protection is requested by a direct application to the Ukrainian state authorities: the asylum seeker submits the asylum application documents (an application-questionnaire form, which can be requested in a language the person understands) to the Regional State Department of the State Migration Service (SMS). The official source does not state whether a request can be lodged at the border or through referral.
An asylum seeker is a person who expressed their wish to apply for asylum through the submission of the asylum application documents to the state authorities.
You can request the authority to provide you with the asylum application-questionnaire form in a language that you understand.
For a step by step infographic (in six different languages) on how to submit an application to the Regional State Department of State Migration Service (SMS) as well as how to appeal a negative decision, please see below:
After the request, the SMS registers the application and issues a 'dovidka' asylum seeker certificate. The application is considered in three stages: (1) SMS decides whether to accept the application; (2) if accepted, a personal interview is held and the SMS decides whether to take the case into full substantive review or reject it as inadmissible; if taken into full procedure, the 'dovidka' is prolonged and additional interviews are held, with the regional office sending the file to the central office within two to three months; (3) the central office makes a substantive assessment and final decision within one to three months. If rejected, the applicant receives a written notice and has the right to appeal within five working days. Filing an appeal extends the validity of the 'dovidka' and provides a legal basis for stay. UNHCR provides free legal aid through NGO partners, and government-run Free Legal Aid Centres are available to asylum seekers. The official source does not state how family members are handled.
The [State Migration Service (SMS)](https://help.unhcr.org/ukraine/where-to-seek-help/governmental-institutions/) will register your application, determine your identity, ask you some basic questions, and issue you with an asylum seeker certificate called a “dovidka”.
Your application will be considered in three stages: 1. The SMS takes a decision on whether to accept your application for international protection (refugee status or complementary protection status) or not. 2. If you are accepted for the procedure, you will be invited for a personal interview. After the interview, the SMS decides whether to take your case into a full substantive review, or to reject your case as inadmissible. If your case is taken into the full procedure, your “dovidka” will be prolonged and you will be invited for additional interviews. Within two to three months, the SMS regional office will send your file with its recommendation on your case to the SMS central office in Kyiv. 3. The SMS central office makes a substantive assessment and a final decision on your case will happen within one to three months. If the SMS decides to reject your application for refugee status or complementary protection status, it will issue you a written notice. If you are rejected, you have the right to **appeal against this rejection within five working days**.
As long as you file an appeal, the SMS will extend the validity period of your “dovidka” and you will have a legal basis for your stay in Ukraine.
UNHCR provides free legal aid to persons applying for refugee or complementary protection status through a network of [NGO partners](https://help.unhcr.org/ukraine/where-to-seek-help/unhcr-partner-organisations/).
As of 1 July 2015, government-run **Free Legal Aid Centres (FLAC)** have become operational and available to asylum seekers.
The competent authority is the State Migration Service of Ukraine (SMS), which is the only body entitled to grant international protection (refugee or complementary protection status). UNHCR assists the Government and provides free legal and social services to asylum seekers through NGO partners. Applicants have a right to free legal aid, including consultation and assistance in filing the application, from the State Border Guard Service and/or the State Migration Service. Government-run Free Legal Aid Centres (FLAC) are available. For questions, the Refugee Helper Bot is provided.
Only the State Migration Service of Ukraine is entitled to grant international protection (refugee or complementary protection status) in Ukraine.
UNHCR’s main objective in Ukraine is to assist the Government in protecting the rights of the asylum seekers and refugees as well as to provide free of charge legal and social services to persons who apply for asylum in Ukraine.
You have a right to receive free legal aid, including a consultation and assistance in filing your application from the State Border Guard Service and/or the State Migration Service.
As of 1 July 2015, government-run **Free Legal Aid Centres (FLAC)** have become operational and available to asylum seekers.
If you have any questions regarding asylum procedure, please use Refugee Helper Bot** [by the link](https://www.facebook.com/RefugeeHelperBot/).
These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.
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Not legal advice. No eligibility verdict or ranking. Check the linked sources before applying.