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International and equivalent national protection in Ukraine: features of documents and freedom of movement

June 2, 2022

UNHCR estimates that there were roughly 5,000 asylum seekers and refugees in Ukraine prior to the Russian invasion on 24 February 2022. More than 2000 of them are refugees and persons granted complementary protection in Ukraine. Most of them were forced to flee the war in Ukraine and come to the European Union.

According to article 2 of the Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection (hereinafter – Council Implementing Decision (EU) 2022/382), nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022 and their family members are entitled to temporary protection.

Read below what documents issued by Ukraine confirm these statuses and find copies of them.

Who are beneficiaries from international protection in Ukraine?

Definition of international protection is established in Article 2 “Definitions” of DIRECTIVE 2011/95/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. According to this article para (a), ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g).

Refugee status is granted based on the LAW OF UKRAINE on Refugees and Persons in need of Complementary or Temporary Protection in Ukraine and Convention Relating to the Status of Refugees 1951.

Refugees, who had to flee Ukraine after 24 February 2022 may have in their possession refugee’s certificate, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of October 11, 2002 № 1527 “On approval of the Resolution on the refugee’s certificate” (despite the fact that this resolution has already expired, the State Migration Service is allowed to use the available balance of refugee’s certificate forms, established by it):

and/or

refugee’s document for traveling abroad, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of October 11, 2002 № 1526 “On approval of Resolution on the refugee’s document for traveling abroad”(despite the fact that this resolution has already expired, the State Migration Service is allowed to use the available balance of refugee’s travel document forms, established by it).

According to the List “Travel documents issued by third countries and territorial entities (Part I)”, which is drawn up by the European Commission with the assistance of EU Member States and Schengen Associated States, 'Refugee's document for travelling abroad' is issued to refugees in compliance with the 1951 Convention relating to the Status of Refugees. Document cover is in Cyrillic only. Data page reads: 'Refugee's document for travelling abroad' and page one reads: 'This document is a refugee's document for travelling according to the Convention on the Refugee's Status, 1951'. 18 Schengen countries recognize this travel document for crossing the external borders (Czech Republic, Germany, Greece, Spain, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Portugal, Slovenia, Slovakia, Finland, Sweden, Norway, Switzerland and Liechtenstein), 8 – do not recognize: the Netherlands, Luxembourg, Belgium, France, Italy, Denmark, Estonia, Iceland.

In a situation of forced re-displacement in search of a safe country, refugees should be protected from the obstacles generated by the non-recognition of their travel documents.

Their right to freedom of movement is guaranteed by the Convention relating to the Status of Refugees.

Host states and Ukraine should make efforts to ensure that refugee's document for travelling abroad issued in Ukraine is recognized in all Schengen countries. 

Who are beneficiaries from equivalent national protection in Ukraine?

According to COMMUNICATION FROM THE COMMISSION on Operational guidelines for the implementation of Council implementing Decision 2022/382 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection, “the Commission considers that ‘equivalent national protection’ in Ukraine is an alternative to international protection and covers other forms of protection granted by Ukrainian authorities such as temporary protection or humanitarian protection. The Commission is currently gathering information from Ukrainian authorities regarding the forms of protection under Ukrainian law and the documents issued by Ukrainian authorities to beneficiaries of such forms of protection. From the preliminary information received, the documents issued by Ukraine are: a ‘travel document for persons granted complementary protection’, a ‘stateless person’s travel document’, and a ‘certificate for persons granted complementary protection”.

Complementary protection is granted based on the LAW OF UKRAINE on Refugees and Persons in need of Complementary or Temporary Protection in Ukraine

Persons, granted complementary protection, who had to flee Ukraine after 24 February 2022 may have in their possession certificate for persons in need  of  complementary protection, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of March 14, 2012 № 196 “On approval of the Resolution on the certificate for person in need of complementary protection ”:

and/or

travel document for persons granted complementary protection, the form of which is regulated by the DECREE of CABINET OF MINISTERS OF UKRAINE of March 14, 2012 № 197 “On approval of Resolution on the travel document for person granted complementary protection ”.

According to the List “Travel documents issued by third countries and territorial entities (Part I)”, which is drawn up by the European Commission with the assistance of EU Member States and Schengen Associated States, 19 Schengen countries recognize travel document for person granted complementary protection for crossing the external borders (Belgium, the Netherlands, and Luxembourg, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Italy, Latvia (recognized for exit or transit to return to the place of residence), Hungary, Malta,  Austria, Slovenia, Slovakia, Finland, Iceland) and 7 – do not recognize: Portugal, Switzerland and Liechtenstein, Poland, Lithuania, Norway, Sweden.

In a situation of forced re-displacement in search of a safe country persons granted complementary protection should be protected from the obstacles generated by the non-recognition of their travel documents.

Most persons granted complementary protection in Ukraine are unable to obtain a national passport, that is why their right to freedom of movement can become real only with the help of travel documents issued by Ukraine.

Host states and Ukraine should make efforts to ensure that travel document for person granted complementary protection issued by Ukraine is recognized in all Schengen countries.