Lawyer Iryna Zaremba provided advisory assistance to a social and political figure who sought protection in our country, and on the basis of this case formed an algorithm of human actions to obtain refugee status.
Foreigners seeking protection in Ukraine are usually victims of political repression and brutal persecution in their country. They find themselves in a difficult life situation, when freedom, health, and sometimes life can be lost at home, and sometimes life, and here they are unfriendly to complex bureaucratic procedures, language barrier and uncertainty about their rights. Such problems arise both at the stage of applying for help, and at the stage of adaptation to life in a new state: education, employment, marriage registration, the birth of children, the opportunity to travel freely. These people really need support and help, most often the legal one. Therefore, lawyer Iryna Zaremba formed for the program “Pro Bono Laboratory” of the Ukrainian School of Practical Knowledge on Access to Justice an algorithm of human actions to obtain refugee status in Ukraine. To make it more convenient for you, we publish both the abbreviated and its full version.
Who can be recognized as a refugee?
This status in accordance with the legislation of our country can be obtained by a person who:
- has reasonable fears of being a victim of persecution on the grounds of race, religion, nationality, nationality, belonging to a particular social group or political beliefs;
- is outside the country of civility and cannot enjoy the protection of this country or does not wish to enjoy this protection due to fears;
- has no citizenship, is outside the country of his previous permanent residence, cannot or does not wish to return to this country due to fears.
Where to go?
To the territorial body of the State Migration Service of Ukraine (contacts) with an application for recognition as a refugee. Such an application shall be submitted by the applicant or his legal representative (lawyer) at the place of temporary stay of the first. The deadline for submission depends on a number of reasons. For example, if a person has crossed the border illegally, the procedure is to be conducted immediately at the border. And in case the foreigner is legally temporarily staying in Ukraine , before the expiration of his/her stay.
List of documents
The State Migration Service of Ukraine must submit:
- Application for recognition as a refugee (sample).
- Documents certifying the applicant’s identity (if missing or false, it is necessary to clarify in your application).
- Materials that can be proof of conditions for recognition as a refugee (materials of criminal proceedings, publications in online publications, etc.).
- Photos of the applicant (4 pieces) and his family members, the information of which is included in the application.
In case the applicant is under the age of 18, the package of documents is submitted by the legal representative of such applicant.
The lawyer notes that the migration service can ask for additional documents to confirm the circumstances of the case.
Terms of decision making
Preliminary consideration of the application in the SMS is performed within 15 working days, then within another three months the issue of recognition as a refugee will be resolved.
All this time, the person who applied for protection has the right to:
- temporary employment;
- training;
- medical care;
- free legal aid
- accommodation at relatives, hotel, rented apartment or temporary accommodation point for refugees;
- confidential correspondence with UNHCR and the right to visit by UNHCR staff.
Refugee rights
In case of a positive decision, the State Migration Service of Ukraine within 15 working days draws up and issues a refugee certificate to the applicant for a period of 5 years. From now on, a foreigner receives equal rights to:
- work;
- conduct business activities;
- rest;
- health care, medical care and health insurance;
- education;
- movement, free choice of place of residence, free leaving the territory of Ukraine;
- receiving financial assistance, pensions and other types of social security;
- free legal aid in accordance with the established procedure.
- sending individual or collective written appeals or personal appeal to state authorities, local self-government bodies, officials and officials of these bodies;
- possession, use and disposal of their property, the results of their intellectual and creative activities;
- appealing in court decisions, actions or inactions of state authorities, local self-government bodies, officials and officials;
- apply for the protection of their rights to the Ukrainian Parliament Commissioner for Human Rights;
- use of housing;
- with the citizens of Ukraine of the right in marriage and family relations.
We hope that this algorithm will be useful for both people forced to leave their homeland due to political repression and threats, as well as lawyers who help them get legal grounds for living in our country. And if you have experience and expert solution to the legal problem, we invite you to share them with legal business and public organizations through our Pro Bono Lab. Write to us via mail or Facebook.
The Pro Bono Lab program is managed by the Ukrainian Legal Aid Foundation. The activity is implemented jointly with experts of the international organization PILnet, ZMINA. Center for Human Rights and IRC Legal Space, with the support of the International Renaissance Foundation.