On March 3rd, the European Union agreed to activate the Directive on temporary protection of a mass influx of displaced persons in relation to the armed conflict in Ukraine. The application of this measure began on March 4th, 2022, and in Spain, we already know how it will be applied.
On March 8th, the Council of Ministers approved an Agreement, which materialized on 09/03/2022 in a Ministerial Order regulating the procedure and scope of this temporary protection measure.
What does the Order state?
Concerning the procedure, the Order establishes that:
- The process starts with the application for recognition of international protection of the interested person.
- Applicants can go to specific reception centres of the Ministry of Inclusion, Social Security, and Migration or at the National Police officers throughout the territory.
- At the moment of application, the officers will take the identification data of the applicant, such as fingerprints and they will be issued with a receipt accrediting their request for protection, which will also include an assigned NIE (foreign national ID number).
- The formalisation of the application will authorise the applicant to remain in Spanish territory.
- The request will be resolved within 24 hours.
- The decision to grant temporary protection will include the residence and work permit. In principle, if the situation of armed conflict in Ukraine continues will last for one year and will be automatically extended for another year if the Ministry of the Interior deems it appropriate.
Exceptionally, temporary protection will last for at least one year, this may be extended one more year depending on the situation in Ukraine.
Who can find refuge in Spain?
It is convenient to mention that the Spanish Government has decided to extend the temporary protection regulated by the EU Directive to the following groups of persons:
- Ukrainian nationals, as well as their family members (spouses, common-law partners, minor children, or other close relatives who are financially dependent on them), who were in Spain since February 24th and could not return home.
- Non-Ukrainian nationals of third countries and stateless persons, as well as their family members (spouses, common-law partners, minor children, or other close relatives who are financially dependent on them), who can prove that they were legally residing in Ukraine based on a valid permanent residence permit and who cannot return in safe and durable conditions to their country of origin.
- Ukrainians who were in an irregular situation in Spain before February 24th and who cannot return to Ukraine due to the armed conflict.
In the coming days, the Government of Spain will inform which National Police stations and authorised reception centres asylum seekers can apply for international protection. In the case of Madrid, the Asylum and Refugee Office in Pradillo Street has been set up, but we are still waiting to specify the procedure and how to obtain an appointment. We will keep this information updated.
AGM can help you
Our team will inform you about the progress on this issue. Also, we are at your disposal to manage the needs you have with your employees, displaced workers, or family members in Ukraine who are being affected and forced to leave their country to protect their lives.
You can contact AGM Abogados if you need help.
AGM Abogados shows full support to the people who are affected and forced to leave their country to protect their lives.
Brian García Reyes, Lawyer
Mª Eugenia Blasco Rodellar, Lawyer and Partner
Immigration and International Mobility Area