On 24 February 2022, the European Council condemned the Russian action because it has violated international law and the principles of the United Nations Charter. On 4 March 2022, unprecedented in the history of the European Community, Decision 2022/382 was issued for the implementation of Directive 2001/55/EC for the unique application of exceptional temporary protection for refugees arriving from Ukraine.
Issuance of Temporary Protection throughout Europe for Ukrainian Nationals
Temporary protection is the most effective and rapid response to the emergency caused by the Ukraine crisis in the European immigration regulatory system. It should be considered a revolutionary innovation in the legislative scenario in the field of immigration law at the European level.
Before deepening the particularities of this discipline, it is necessary to understand that at the European level, the possibilities of access and permanence in the Schengen area - over ninety days - are limited, and the conditions are rigorous, both for the ordinary procedures for obtaining a residence permit and for the procedures associated with requests for political asylum.
The Process of Applying for Temporary Protection
In a nutshell, it is good to remember that for ordinary procedures, the process begins with the application for a visa at the relevant embassies and the subsequent application for a residence permit for reasons of study, work, or family (the time needed to complete the procedure may be up to 24 months). Concerning the emergency procedure for applicants for political asylum or humanitarian protection, the issue of a residence permit takes place only following a rigorous investigation of the objective and personal profiles of the applicant by a committee constituted at the offices of the Ministry of the Interior.
The Ukrainian temporary protection (unusual request for asylum) differs from the ordinary procedure by standardizing the application procedure for all states of the European Union and making it applicable simply by proof of nationality, without further checks, requests for evidence, or questioning before the standing national committees for the assessment of asylum applications.
Residence Permit in Italy for Ukrainian Nationals
In Italy, the state of emergency and the possibility of applying for a residence permit for temporary protection Ukrainians was declared until December 31, 2022, in derogation to all current provisions on immigration.
Important Considerations and Allowances for Temporary Protection in Italy
For people who are not economically sufficient, there is a special reception with authorization to activate additional beds in each municipality. The reserve of places provided for and financed for Afghan citizens has also been extended to refugees from Ukraine.
The Italian legislation that regulates the emergency is provided for by the D.P.C.M. of March 28, 2022, which regulates the extraordinary measures of reception for Ukrainian refugees in detail. About the provisions, the Ministry of the Interior has advised all the Immigration Department of Police Station of the possibility of acquiring applications for temporary protection as of March 11, 2022, and issuing a receipt of acceptance immediately upon submission of the application.
On April 11, 2022, the notice for the acquisition of expressions of interest to carry out widespread reception activities by individuals and associations was published. The aim is to promote and experiment on a nationwide scale with a model of widespread welcome that involves the taking over by the opening of private individuals and associations of families or individuals of Ukrainian nationality. Among the services offered to applicants for temporary protection will be the guidance and accompaniment to employment and the accompaniment to vocational training and retraining, with particular attention to the strengthening of skills valid for the return to Ukraine.
There is also a special basic subsistence allowance of EUR 300 per capita per month and, in the presence of minors, an additional monthly contribution of EUR 150 per child under 18.
The contribution will be granted for a maximum of three months starting from the entry into Italy. If the beneficiary finds a job in Italy, he may continue receiving the contribution for a maximum of 60 days.
Tax Considerations in Italy for Temporary Protection Applicants
When applying for a residence permit for temporary protection, the tax code will be issued to the applicant by the police, according to the procedure already provided for international protection, which will automatically identify the applicant as a recipient of free health care.
Applicants will obtain from the Immigration Department of police stations a residence permit valid for one year, extendable for another year, allowing registration with the National Health System and access to work, study, and health care measures.
Summary for Obtaining Temporary Protection in Italy
In conclusion, temporary protection is granted to:
- Ukrainian nationals residing in Ukraine before 24 February 2022 and their family members;
- stateless persons and nationals of third countries other than Ukraine who enjoyed international protection or equivalent national protection in Ukraine before 24 February 2022;
- stateless persons and nationals of third countries other than Ukraine who were staying in Ukraine before 24 February 2022 based on a permanent residence permit who cannot return to their country or region of origin safely and in stable conditions.
Omar Hegazi is a dual-qualified lawyer in Italy and Spain. Omar specializes in providing legal assistance to Italians and foreign clients for immigration procedures and complex cases
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