Legal status of Ukrainians in Belgium: temporary protection and refugee status

Visa-free regime

Documents – passport of a citizen of Ukraine for travelling abroad (for each family member).

Duration – up to 90 days within a 180-day period.

Opportunities – the right to short-term stay, tourism, language courses for up to 90 days, etc.

Visa regime

The visa regime depends on the purpose of your trip to Belgium.

In general, visas are divided into long-term (Visa-D) and short-term (Visa-C).

Short-term visas

A visit for up to 90 days (tourist visa for non-Schengen countries, business visa, family visa).

Long-term visas

A visit for more than 90 days (student, work visa).

The list of documents differs depending on the visa category.

Please contact the Belgian embassy or consulate in your country of residence for information on the package of documents depending on the visa category and to apply for it.

Contacts of the Embassy of Belgium in Kyiv:

Address: 4 B Pavla Zahrebelnoho St. (formerly Mykola Raevskoho St.) 01042. Kyiv, Ukraine

Phone: +38 050 355 23 53

Email: [email protected], [email protected]

Website: https://ukraine.diplomatie.belgium.be/uk

Working hours: Monday - Friday from 9:00 to 12:30, from 13:30 to 16:30 (by appointment).

Please note that the Consular and Visa Section of the Belgian Embassy in Kyiv is temporarily closed.

Therefore, you should apply for a visa at the Embassy of Belgium in Poland and Lithuania.

Address: 00-095 Warsaw, 34 Senatorska Street

Phone: + 48 22 551 28.00

Email: [email protected]

Website: https://poland.diplomatie.belgium.be/en

Opening hours: Monday - Friday from 9.00 to 13.00, from 14.00 to 16.00 (by appointment).

Temporary protection

Eligibility criteria – if you are:

o  a citizen of Ukraine; or

o  a family member of a Ukrainian citizen; and

o  your main place of residence was in Ukraine before 24 February 2022;

The list of persons recognised as family members can be found here.

Documents:

o  Identity document (passport or international passport);

o  additionally, for family members, a document confirming family relations (e.g. marriage certificate or birth certificate for a child).

The procedure for obtaining the status:

o  apply to the registration centre for Ukrainian citizens in Brussels.

You have to visit the centre and register there, namely, to be identified, have your fingerprints taken, and provide copies of your identity documents;

o  obtain a certificate of temporary protection (Annex 15).

You will receive a certificate of temporary protection if the decision of the centre is positive (the decision will be sent to the email address specified during registration).

The Annex 15 temporarily confirms the temporary protection status (until the residence permit – Card A is issued), giving you the right to live and work legally in Belgium.

Please note that an administrative fee of up to EUR 17 per person is charged for the issuance of the Annex 15.

You can also make an appointment at the registration centre for Ukrainian citizens in Brussels by following this link.

Registration of minor children who are accompanied by an adult who is their legal guardian is done by the legal guardian on behalf of the child.

After obtaining a temporary protection certificate, you have to apply to the municipal office of your place of residence for a residence permit (Card A).

The residence permit (Card A) officially confirms your temporary protection and your rights under it.

Please note that an administrative fee of EUR 17-25 per person is charged for issuing the Card A.

Duration – 1 year (until 4 March 2024, i.e., the general validity period of temporary protection introduced by the European Commission Directive).

Opportunities: right for residence, housing, work, medical and social assistance, education.

International protection (refugee status / subsidiary protection)

Refugee status.

Eligibility criteria – if you are persecuted on the basis of:

o  race;

o  nationality;

o  political or religious beliefs; and/or

o  membership of a particular social group.

Additional protection

Eligibility criteria – if:

o  you do not qualify for refugee status; and

o  there are substantial grounds for believing that if you were to return to your country of arrival, you would face a real risk of serious harm and would be unable or, as a result of such risk, unwilling to avail yourself of the protection of that country.

Serious harm includes the death penalty or execution, unlawful killing, torture or inhuman or degrading treatment or punishment, and "grave and individual threat to the life of a civilian as a result of indiscriminate violence in situations of international or internal armed conflict.

Documents (if any):

o  passport;

o  travel documents;

o  birth certificate;

o  marriage certificate;

o  academic transcripts; and

o  any other evidence supporting your application.

Request for refugee status is submitted:

o  at a border crossing point to enter the country (if the asylum seeker does not have travel documents to enter Belgium);

o  on the territory of the country at the Migration Department for the registration of applications for international protection.

In turn, a request for additional protection is considered at the final stage of obtaining refugee status if the body considering the application concludes that you do not qualify for refugee status.

Please note that Belgium has to be the first country you enter to obtain international protection. Otherwise, you will need to apply for refugee status in another country.

The Migration Department for the Registration of International Protection Applications (Brussels) registers applications for international protection.

If the Migration Department decides that Belgium is the country responsible for processing the application for refugee status, it transfers the case to the CGRS/CGRA.

You can find step-by-step instructions on how to obtain refugee status or additional protection here and here.

A residence permit (Card A) is a document issued in case of international protection.

Duration – 5 years (refugee status), 1 year with the possibility of renewal every 2 years if the circumstances for granting the status still exist (subsidiary protection).

Opportunities: the right for housing, work, social and medical care, education, permanent residence after 5 years of residence in the country.

Important!

Consideration of applications for international protection of persons under temporary protection is suspended until the temporary protection regime is terminated.