The massive move of men and women crossing the border to the EU countries bordering Ukraine forces the EU cope with the refugees emergency, so much so as to induce the 27 countries of the Union to issue a Directive for the temporary protection of displaced persons, in order to manage the status of Ukrainian citizens as well as of those who were in Ukraine at the time of the crisis despite not being Ukranians.
Immediate residence permit for Ukrainian refugees
For the first time Europe has recognised a temporary projection that grants Ukrainians residence permits and refugee protection status. Some regions, such as Tuscany, have stated that Ukrainian citizens should report to the Immigration Office of the Police within 48 hours for:
- identification and indication of any residency already available;
- communication to health authorities for health screening and the issuance of certification for health care;
- communication to the territorial education office for the placement of any minors.
A one-year residence permit extendable up to 3 years
The residence permit granted by the EU for Ukrainian citizens and their families is valid for one year, can be extended for three more and can also be used to enter into employment contracts. Naturally, non-EU Ukrainians who have arrived in Italy will also be able to apply for other types of residence permit as recognized by each Member State, such as that for family reunification recognized by Italy. The type of protection granted by the EU is different and more extensive than that for other citizens from other countries, who were in Ukraine at the time of the crisis and were accepted by the EU.
Protection for other non-EU citizens escaping the crisis.
The protection granted to non-Ukrainian citizens depends on the country examining their application. The nation State may:
- apply the same type of protection that the EU grants Ukrainians;
- grant the national projection scheme for asylum seekers;
- repatriate should the status of asylum seeker not be recognized.
Despite having been accepted in Ukraine, non-Ukrainian citizens with temporary residence permits, both workers and students, will still be repatriated.
Problems related to Ukrainian refugees affect a large part of the legislation regulating immigration and the immigration rights in Italy, such as:
- refugee status recognition;
- the allocation of accommodation;
- food support;
- health care;
- family reunification.
Other and certainly no less important aspects concern the assistance and protection of minors.
Damiani & Damiani International Law Firm are not new to this kind of problems, so much so that they have won numerous legal actions aimed at obtaining recognition for family reunification and long-stay permits for non-EU cohabitants of Italian citizens, not yet resident in Italy. The last case of a long series concerns that of a de facto couple formed by an Italian and an Australian citizen, who were able to reunite at the end of the judicial procedure.
