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Permanent immigration — recognised trafficking victim after three years

UkraineHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is a permanent immigration pathway, not asylum, temporary protection, humanitarian admission, or resettlement. It is a quota-based immigration permit category under Ukraine's Law on Immigration for persons who have been recognised as victims of human trafficking and have continuously resided in Ukraine for three years after that recognition.

See recorded sources
  • Article 1, Definitions
    immigration shall mean arrival in Ukraine or staying in Ukraine of foreigners and stateless persons in accordance with the determined procedure with the purpose of the permanent residence;
  • Article 4, Part 2, Clause 8
    8) individuals who have stayed permanently on the territory of Ukraine for three years from dates of granting them the status of a person who suffered from human trafficking;
  • Basis for receiving the service, quota category 7
    7. individuals who continuously lived on the territory of Ukraine for the three years after they were recognized as victims of human trafficking;

Which population, circumstances or geographic group does the mechanism cover?

The mechanism covers individuals who have been granted the status of a person who suffered from human trafficking and who have stayed permanently on the territory of Ukraine for three years from the date of that status. This is a quota-based immigration category.

See recorded sources
  • Article 4, Part 2, Clause 8
    8) individuals who have stayed permanently on the territory of Ukraine for three years from dates of granting them the status of a person who suffered from human trafficking;
  • Basis for receiving the service, quota category 7
    7. individuals who continuously lived on the territory of Ukraine for the three years after they were recognized as victims of human trafficking;

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The application is made directly to the competent authority: persons permanently staying outside Ukraine apply to Ukrainian diplomatic missions or consular posts abroad at their place of permanent residence; persons staying in Ukraine on legal grounds apply to the central executive authority enforcing state policy on migration (the State Migration Service). The application must be submitted in person, with limited exceptions for valid reasons.

See recorded sources
  • Article 9, Part 1, Clause 1
    1) persons permanently staying outside Ukraine — to diplomatic missions and consular posts of Ukraine abroad at the places of their permanent residence;
  • Article 9, Part 1, Clause 2
    2) persons staying in Ukraine on legal grounds — to a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation.
  • Article 9, Part 2
    An applicant shall personally file his/her application for immigration permit to a relevant government authority. Should there be valid reasons (disease of an applicant, natural disaster, etc.), the application may also be sent by mail or filed by another person under a notarised assignment of the applicant.
  • How to claim and receive the service
    Visit a Ukrainian diplomatic mission or consular post abroad at the place of permanent residence;
  • How to claim and receive the service
    For persons legally staying in Ukraine – visit the territorial unit of SMS at your place of residence;

What happens after the request: registration, family handling, major support and rights where officially stated?

After the application is filed, the competent authority reviews it within up to one year. If approved, the person receives an immigration permit valid for one year. For persons outside Ukraine, a long-stay visa is issued, and after arrival they must apply for a permanent residence permit within five business days; the permanent residence permit is issued within one week. For persons already legally in Ukraine, the permanent residence permit is issued within one week after filing the relevant application. The official sources do not specify family handling or support rights for this trafficking-victim category.

See recorded sources
Limits of the record
  • The official sources do not specify family handling or support rights for this trafficking-victim category.
  • Article 9, Part 11
    The period for considering an application for immigration permit shall not exceed one year after a date of filing it.
  • Validity period of a document resultant from the service
    Immigration permit is valid for one year from its issuance date.
  • Article 11, Part 1
    A person permanently staying outside Ukraine who has obtained the immigration permit shall be issued a long-stay visa by a diplomatic mission or consular post of Ukraine at his/her request.
  • Article 11, Part 2
    After arrival of an immigrant in Ukraine, he/she must, within five business days, apply for a permanent residence permit to a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation.
  • Article 11, Part 3
    A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall issue a permanent residence permit to an immigrant within one week after the application is accepted.
  • Article 11, Part 4
    A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall issue a permanent residence permit to a person staying in on legal grounds Ukraine who has obtained the immigration permit within one week after a date of filing a relevant application.

Which competent authority, UN body or official assistance channel should the person use?

The competent authority is the State Migration Service of Ukraine (SMS), acting as the central executive authority enforcing state policy on migration. Applications from abroad are handled by Ukrainian diplomatic missions and consular posts.

See recorded sources
  • How to claim and receive the service
    For persons legally staying in Ukraine – visit the territorial unit of SMS at your place of residence;
  • Article 6
    A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall:
  • Article 7
    Diplomatic missions and consular posts of Ukraine shall:

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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