EMN National Contact Point
for the Slovak Republic

Inform: Application of the Temporary Protection Directive for displaced people

21 July 2022

According to UNHCR as of the beginning of July 2022, over 5.4 million Ukrainians have left Ukraine in search of safety in neighbouring EU and third countries, including Moldova. The European Migration Network has mapped the implementation of the Temporary Protection Directive by the EU Member States, triggered for the first time by the Council of the European Union on 4 March 2022 with an objective to effectively help people fleeing war in Ukraine.

Inform Application of the Temporary Protection Directive (Scope and Registration) provides information related to the implementation of the Temporary Protection Directive, triggered in response to the influx of refugees caused by Russia’s invasion of Ukraine on 24 February 2022. It relates to the scope of the Temporary Protection Directive in 26 EU Member States as well as registration process of persons fleeing the war in Ukraine.

Main findings:

Article 2(1) of Council Decision 2022/382 outlines three categories of persons to whom temporary protection applies: (i) Ukrainian nationals residing in Ukraine on or before 24 February 2022; (ii) stateless persons and nationals of third countries other than Ukraine, who benefitted from international protection or equivalent national protection in Ukraine before 24 February 2022; and (iii) family members of the abovementioned groups. Whilst the Temporary Protection Directive allows Member States to have national complementary schemes in place, the majority of Member States reported applying temporary protection exclusively under the Temporary Protection Directive.

Member States have applied different measures for Ukrainian nationals who were already present on the territory of a Member State before the invasion. Many Member States took measures to enable Ukrainian nationals legally residing on their territory to remain even after their visas or a residence permit had expired. Others requested that people apply for an extension of their current permit, request temporary protection, or apply for asylum. A few Member States extended protection to persons who had only temporarily left Ukraine before the outbreak of the conflict, and who were unable to return to Ukraine.

In line with Article 9 of the Temporary Protection Directive, Member States are required to provide beneficiaries of temporary protection with a document, in a language they can understand, clearly stating the temporary protection provisions that apply to them. When it comes to provision of information, all responding Member States reported taking steps to provide beneficiaries with information. Official websites were the main medium to communicate information relating to temporary protection. This was followed by printed materials, such as leaflets, brochures, and hotlines (usually providing a 24h service). A few Member States reported using non-governmental online channels like social media platforms, television or radio.

Initial registration of temporary protection can take place at the border (both external and internal), or at other reception centres in the given country. Registration can also take place later if those entitled to temporary protection choose to travel to another Member State. Ten Member States reported issuing first a temporary certificate confirming the request for temporary protection, before a residence permit is issued. For other Member States, there is only one registration process for temporary protection. A few Member States reported that they had specific procedures in place to separately register minors traveling without their parents.

EMN Coordinator for Slovakia

International Organization for Migration (IOM) – Office in the Slovak Republic

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EMN Coordinator for the EU

European Comission - Directorate General for Migration and Home Affairs 

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