Legal regime for Ukrainians in Austria: temporary protection and refugee status

The Austrian government provides an opportunity for forced migrants from Ukraine to avail themselves of legal regimes for staying in its territory.

Temporary Protection

To obtain temporary protection status, individuals need to register at special police departments or reception centers (Erfassungsstellen). After registration, you will have access to basic social support (Grundversorgung), including accommodation, basic care and health insurance, education, and other services. You will also receive your identification card ("Ausweis für Vertriebene").

Temporary protection can be granted to:

• Ukrainian citizens who were forced to leave Ukraine after February 24, 2022;

• third-country nationals with refugee or protection status in Ukraine and their family members if they were already living with them in Ukraine before February 24, 2022 (family members include spouses or registered partners, unmarried minor children (including children of spouses or registered partners), and other close relatives who lived with them in the same household before departure and were dependent on them);

• Ukrainian citizens who were legally residing in Austria before the onset of the armed conflict and cannot return to their place of residence.

Important! Third-country nationals who do not have refugee or protection status in Ukraine are not covered by the decree that allows for temporary protection. However, they may enter Austria for humanitarian reasons or transit through Austria to continue their journey to the country of origin. Third-country nationals will legally reside in Austria until they can return to their country of origin.

In Austria, there is an obligation to register one's place of residence. This is done at the registration office in municipalities (Gemeindeamt). It is crucial to register at the registration office and, in case of changing residence, inform the registration office of this change. Only in such cases can the Federal Agency for Immigration and Asylum (BFA) send the displaced person's identification, and it allows contacting the person if there are any questions. Additional information on the registration process is available at the provided link.

In addition to temporary protection, it is possible to obtain refugee status in Austria.

Individuals eligible for refugee status are those who:

1)    due to well-founded fears of persecution based on race, religion, nationality, sexual orientation, or political beliefs, are outside their country of citizenship and cannot avail themselves of the protection of that country or do not wish to use that protection due to such fears; or

2)    without a defined citizenship and being outside the country of their former residence due to similar events, cannot or do not wish to return to it due to such fears.

A person can apply for asylum at any police station or contact any police officer. The police officer or other specially trained personnel at the state police headquarters conduct initial interviews and process identification, recording data relevant to the procedure. Please note that you can apply for asylum in Austria only if you are present on Austrian territory. You cannot apply for asylum in Austria from abroad. For more details on the specifics of this procedure, refer to the provided link.