The Ukrainian law “On Refugees and Persons in Need of Protection” defines the situation of a refugee. The law helps regulate public relations, as well as rights with obligations. According to the law:
A refugee is a person who, due to certain circumstances beyond her control, has to leave her country, where she was born and lives.
If there is a certain likelihood of a threat of persecution, if a resident of the country cannot or does not want to be protected by the state where he was born and lives, he has the opportunity to seek asylum in another country.
REASONS TO HELP TO RECEIVE A REFUGEE STATUS IN UKRAINE
Other countries may give asylum to a person, but they are not obliged to do so, in accordance with international law. The reasons for this decision are described in the Geneva Convention and the 1951 UN Refugee Protocol. This includes surveillance due to: nationality, citizenship, faith, political conviction, etc.
Here, the persecution is not meant as a one-time onslaught by fellow citizens, but acts as a persecution by several people who have a certain power (state employees or gangs vested with power).
All harassment must be documented, based on facts. It is likely that the victim will need to submit papers proving regular appeals to the police or state authorities in order to receive protection.
Factors that will affect the refusal to grant such a status: a person committed a military or political offense or an offense against a citizen. The person decided to settle their monetary issues in the territory of another state. There are not enough conditions to get a status (there is not enough evidence that something threatens his life).
RIGHTS AND OBLIGATIONS OF REFUGE IN UKRAINE
A country that accepts refugees on its territory gives guarantees that there will be no discrimination. To do this, it provides them with the same rights and stability in the future. As for the various rights, they should be treated the same way as for all foreigners. Let’s talk about the merits of refugee status:
- Preservation of family integrity (father and children will be able to live together).
- The provision of work, education and treatment.
- The opportunity to settle in a designated place or choose a place of residence yourself (rent an apartment, hotel, with relatives)
- Refugees cannot be deported from the country.
- The reasons for the issuance of a residence permit in Ukraine (if you live in the country for more than three years), which provide certain advantages.
A person who has received such a status will have not only rights in another country, but also certain obligations. For example, you can freely travel around the country if every change of location is recorded at the central executive authority. A person must re-register every year.
The refugee himself must comply with all the laws and instructions of the country that accepts him. This includes the payment of taxes. Refugees will not be subject to additional taxes, but only those that all citizens are required to pay. This does not include legal directions that relate to fees for obtaining administrative documentation.
DOCUMENTATION REQUIRED TO OBTAIN A REFUGEE STATUS IN UKRAINE
A person who has reached the age of majority may request refugee status. What documentation is needed:
- The application, which sets out the reasons why a person is forced to apply to another country for asylum.
- Data on children under the age of majority and application for recognition of a child as a refugee.
- Passport.
- Documentation confirming the facts of the persecution, due to which the person is forced to leave the country.
- Four photos (for each family member). Fingerprints.
PROCESS AND DURATION OF REGISTRATION OF REFUGEES IN UKRAINE
The Migration Service of Ukraine draws up the petition simultaneously with all the documentation provided by the petitioner, giving him a certificate of application. The migration service records the applicant for an interview within 17 business days from the date of application.
During the meeting, all the data and situations presented by the applicant are discussed, additional questions may be asked. This is done in order to prevent the likelihood that the person who applied could create conditions for persecution in order to emigrate.
Note that the employee of the migration service does not draw conclusions based on personal motives and opinions regarding the current situation, but expresses a personal opinion. The interviewer cannot decide on the treatment alone.
This question is being considered by a representative who has not personally met with the person who contacted earlier. An applicant can come to a meeting with an interpreter if he does not know the language of the country where he applied and with a lawyer.
The translator is obliged to sign a non-disclosure paper of private data that he knows from the case of the applicant. A lawyer or translator cannot have an effect on facts. The way they see the situation is not taken into account, they only do the work for which they work with them.
If they find out that a person illegally crossed the border, then this does not affect the final verdict. The primary task is to contact the migration service as soon as possible.
Based on the above data and facts, a decision is made to apply for registration in order to recognize a person as a refugee or to refuse to obtain such a status. If the person has been recognized as a refugee, the migration officer who works with you writes a report that is submitted to the head for registration. The validity of the document increases.
The migration service may refuse to grant asylum to the applicant. This can happen for several reasons: the person provided false information regarding her (invalid documentation, concealment of facts) or the reason why the appeal was submitted was unreasonable.
If a refusal is received, the migration service will notify the applicant in the letter, fully explaining the reasons for the refusal to the applicant and his representative within 3 business days. Remember that it is possible to appeal the decision, this is indicated in the letter to the applicant.
If the person decided to appeal the decision, then all the documentation will remain in the archive of the migration service, after which she will notify the local organization of internal affairs.
If the person does not file an appeal, then the migration service removes the document of the applicant within 5 working days and notifies the organization of internal affairs within 3 working days. All documentation that the applicant has provided to the service is returned to him.
The duration of the consideration of the application by the migration service lasts 60 days, including the day when the decision to permit asylum was made. The duration of the decision can be increased by the employee of the migration service, having received the permission of the head, but not more than 90 days.
After revealing all the facts, an interview between the employee of the migration service, the applicant and his representative, they prepare a letter that confirms that the person is recognized as a refugee or is refused.
The Migration Service sends a letter with a decision in conjunction with personal data to the Central Department of the Migration Service to make a final decision. This department reviews all the submitted documentation and finally decides whether a person needs shelter or not.
If the result is positive, then within 3 working days, including the day of contact, the documentation with personal data is returned to the migration service, where the application was previously considered.
After approving the receipt of the refugee status, the migration service gives the identity card in 7 working days stating that it is a refugee. A person is considered a refugee if he is already 16 years old. He has permission to live legally in Ukraine after he has been granted refugee status.
The certificate is valid for 5 years. The refugee status is valid until the reasons why the person needs shelter in another country are valid and something else threatens the life of the person.
REASONS FOR WHICH THE REFUGEE POSITION IS STOPPING IN UKRAINE
- The person voluntarily became a citizen of Ukraine.
- The situation has changed, which has led a person to seek protection. If nothing threatens his life anymore, he can return to his homeland.
- Another country has granted asylum to a person.
- The refugee returned home voluntarily.
We will provide detailed advice on the algorithm for obtaining refugee status in Ukraine, help to collect the necessary papers, and all this for an acceptable fee. Additionally, we are ready to provide legal support on all issues arising during the registration of Ukrainian citizenship.
The team of specialists company Eternity Law International works exclusively on legal grounds, so you can not worry about the legality of paperwork. Contact us, we will always be happy to help resolve your issues, regardless of complexity.