Applying for refugee status or subsidiary protection in Ukraine

Ukraine offers refugee status to people outside their country who fear persecution for reasons of race, religion, ethnicity, nationality, membership of a social group or political opinion. Subsidiary protection is for people who do not meet the refugee definition but had to come to or stay in Ukraine because of a threat of the death penalty, torture or inhuman or degrading treatment. Temporary protection is a separate group mechanism for mass arrivals caused by aggression, occupation, civil war or disasters.

The application is made in person, or by a legal representative, to the territorial body of the State Migration Service at the place of temporary stay. People who crossed the border legally must apply within five working days; people who crossed irregularly must apply immediately. The authority registers the application, takes fingerprints, may order an age assessment, records children under 18, explains how to obtain free legal aid and issues a certificate of application for protection.

Within 15 working days of registration the applicant is interviewed and the authority decides whether to process the case. A lawyer may take part at the applicant's request, and an interpreter is provided for those not fluent in Ukrainian or Russian. Clearly unfounded or abusive applications are refused at this stage and the applicant is notified in writing within three working days with the reasons and appeal route. Accepted cases are reviewed within two months, extendable by up to three months, and the central migration authority takes the final decision.

A person recognised as a refugee or as needing subsidiary protection is considered to reside in Ukraine lawfully without time limits from the date of the decision. Within 15 working days the territorial body issues a certificate, valid for five years, to everyone aged 16 or over; it is the basis for registering residence, and holders can obtain a travel document. Recognised persons have the same rights, freedoms and duties as Ukrainian citizens except where the Constitution, laws or ratified treaties provide otherwise. Status ends, for example, on voluntary re-availment of the home country's protection or acquisition of another protection.

If an applicant appeals a refusal at the preliminary stage, the migration service keeps their documents and informs the police at their place of stay. If no appeal is filed within five working days of receiving the refusal, the certificate of application is withdrawn and identity documents are returned.