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Temporary residence — released or non-expellable migrant

UkraineHumanitarian protection

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

Official link

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

This is a temporary residence permit pathway for foreigners and stateless persons who have been released from Migrant Accommodation Centres or could not be expelled. The official page lists it as one of the grounds for issuance of a temporary residence permit under Article 4 of the Law of Ukraine On Legal Status of the Foreigners and Stateless Persons.

See recorded sources
  • Basis for receiving the service section
    In accordance with Article 4 of the Law of Ukraine On Legal Status of the Foreigners and Stateless Persons the temporary residence permit is issued to:
  • Basis for receiving the service section, bullet list
    a foreigner or stateless person, which have been released from Migrant Accommodation Centres for foreigners and stateless persons illegally staying in Ukraine on the basis of the court decision to cancel decision on their  detention or forced expulsion from Ukraine, or those who prior to expiration of the maximum period of their stay in such Centres have not been expelled from Ukraine on the basis of absence of travel document, transport connection with their country of origin or other reasons outside their control.

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

The mechanism covers foreigners and stateless persons who have been released from Migrant Accommodation Centres for foreigners and stateless persons illegally staying in Ukraine on the basis of a court decision cancelling their detention or forced expulsion, or who could not be expelled before the maximum period of stay in such centres due to absence of a travel document, transport connection with their country of origin, or other reasons outside their control.

See recorded sources
  • Basis for receiving the service section, bullet list
    a foreigner or stateless person, which have been released from Migrant Accommodation Centres for foreigners and stateless persons illegally staying in Ukraine on the basis of the court decision to cancel decision on their  detention or forced expulsion from Ukraine, or those who prior to expiration of the maximum period of their stay in such Centres have not been expelled from Ukraine on the basis of absence of travel document, transport connection with their country of origin or other reasons outside their control.

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

It is an in-country application: the person (aged 16 or over) submits the application form in person together with the required documents, including a certificate that they are held in a Migrant Accommodation Centre, issued on the SMS conclusion that forced expulsion from Ukraine is impossible.

See recorded sources

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

After submitting the required documents, the temporary residence permit is issued within 15 working days. The permit is issued for one year with the possibility of exchange. The official page does not state any family handling, support, or work rights for this specific ground.

See recorded sources
Limits of the record
  • The official page does not state any family handling, support, or work rights for this specific ground.

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

The competent authority is the State Migration Service of Ukraine (SMS). Applications are submitted to the State Enterprise under the jurisdiction of SMS, Center of Providing Administrative Services, or territorial bodies/units of SMS at the place of residence.

See recorded sources
  • How to claim and receive the service section
    Apply to the State Enterprise which comes within the jurisdiction of SMS, Center of Providing Administrative Services and territorial bodies/units of SMS at place of residence of foreigner or stateless person\*;
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These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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