Political Asylum

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How to get political asylum in Ukraine in 2019? In Ukraine, refugee status is determined by the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection".

Ukraine provides protection to foreign citizens and stateless persons by:

• Recognition as a refugee, i.e. a person who is not a citizen of Ukraine and, due to a well-founded fear of being persecuted on the grounds of race, religion, nationality, citizenship (nationality), belonging to a particular social group or political beliefs, is outside the country of his/her citizenship and cannot enjoy the protection of that country or does not wish to enjoy that protection due to such fear, or, not having citizenship (nationality) and being outside the country of his/her former permanent residence, is in need of additional protection
• Recognized as a person in need of subsidiary protection;
• recognized as a person in need of temporary protection.

Alternatives to refugee status

Ukraine is striving to adapt its legislation to EU standards, which is why it has introduced the practice of granting asylum and protection to foreigners who need it and can prove the threat to their lives with facts and documents.

A person in need of subsidiary protection is a person who is not a refugee under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees and the relevant Law of Ukraine, but is in need of protection because such a person was forced to come to Ukraine or remain in Ukraine due to a threat to his/her life, safety or freedom in the country of origin due to fear of the application of the death penalty or execution of a death sentence or torture, inhuman or degrading treatment or other cruel, inhuman or degrading treatment or punishment. They need protection because they were forced to come to Ukraine or remain in Ukraine as a result of a threat to their life, safety or freedom in their country of origin due to fear of being subjected to the death penalty or torture, inhuman or degrading treatment. Persons in need of temporary protection - foreigners and stateless persons who are forced to seek protection in Ukraine en masse as a result of external aggression, foreign occupation, civil war, ethnic clashes, natural or man-made disasters or other events that disturb public order in a certain part or in the entire territory of the country of origin.

Who is a political refugee?

A refugee is a person who has left the country due to circumstances beyond his or her control. Reasons for persecuting a person can be race, nationality, faith, political beliefs, sexual orientation.

Reasons for refusing refugee status (part 1, article 6 of the Law of Ukraine):

• The person has committed a crime against peace, a war crime or a crime against humanity and humanity as defined in international law;
• A person has committed a crime of a non-political nature outside of Ukraine prior to arrival in Ukraine with the purpose of being recognized as a refugee or a person in need of subsidiary protection, if such an act under the Criminal Code of Ukraine refers to grave or especially grave crimes;
• A person is guilty of committing acts contrary to the purposes and principles of the United Nations;
• A person in respect of whom it has been established that the conditions stipulated in paragraphs 1 or 13 of part one of Article 1 of the Law of Ukraine (as defined in the definition of a refugee) do not exist;
• A person who, prior to arrival in Ukraine, was recognized in another country as a refugee or a person requiring subsidiary protection;
• A person who prior to arrival in Ukraine with the intention to be recognized as a refugee or a person in need of subsidiary protection was in a third safe country.

Rights and obligations of a political refugee in Ukraine

Ukrainian legislation guarantees the following rights for refugees and persons in need of subsidiary protection (Article 13 (1) of the Law):

1. Temporary employment, training, medical assistance in accordance with the procedure established by Ukrainian legislation;
2. Accommodation with relatives, in a hotel, rented accommodation or the use of accommodation provided in a temporary accommodation facility for refugees;
3. free legal assistance in accordance with the established procedure;
4. confidential correspondence with UNHCR (Office of the United Nations High Commissioner for Refugees) and the right to be visited by UNHCR staff;
5. other rights provided by the Constitution and laws of Ukraine for foreigners and stateless persons legally present on the territory of Ukraine.

Simply put, in Ukraine a refugee is guaranteed:

1. Preservation of family unity (spouse and children will be close by);
2. Employment, education.
3. A refugee cannot be forcibly expelled from the country.
4. Refugee status provides grounds for obtaining a residence permit.

The main obligations of a refugee include (Part 2 Article 13 of the Law):

To record each of his/her movements within the country. Pay taxes according to the taxation system affecting all citizens, there are no additional taxes for refugees. Re-registration with the SMS authorities is carried out annually and is strictly mandatory.

Also the Law in Article 11 defines a list of cases when persons lose refugee status and subsidiary protection, in particular if the person:

1. has voluntarily re-acquired the protection of the country of citizenship (nationality);
2. has acquired Ukrainian citizenship or voluntarily acquired the citizenship he/she had before, or has acquired the citizenship of another State and enjoys its protection;
3. has voluntarily returned to the country he/she left or was outside of due to a well-founded fear of being persecuted;
4. being a stateless person, may return to the country of his/her former habitual residence because the circumstances under which he/she was recognized as a refugee or a person in need of subsidiary protection no longer exist;
5. has been granted asylum or residence permit in another country;
6. cannot refuse to avail himself/herself of the protection of the country of his/her nationality, since the circumstances on the basis of which he/she was recognized as a refugee or a person in need of subsidiary protection no longer exist.

Documents to obtain refugee status in Ukraine

A person who has reached the age of 18 has the right to apply for recognition of refugee status. He or she submits an application outlining the circumstances that compel a person to seek asylum. If there are minor children, information about them is also provided. In addition, a person claiming refugee status in Ukraine submits:

Documents confirming the identity. Documents confirming the fact of persecution. Photos 4 pcs. (for all family members). Fingerprints.

The Migration Service of Ukraine registers the application together with the package of documents. Within 15 working days, it schedules a meeting for the applicant. At the meeting, all information and events are reviewed. The representative of the migration service does not rely on personal preferences and attitudes to the situation, he expresses a subjective opinion. The official who conducts the meeting never makes the final decision on his own.

The applicant has the right to come to the meeting with an interpreter and with a lawyer. The interpreter or lawyer is not able to influence the facts, their personal view of the situation is not taken into account. You can contact Legal Solutions if you require political asylum. He will explain to you all the legal aspects of this procedure in Ukraine.

Further, after preliminary consideration of the application, the period for consideration of the application from 1 to 3 months.

What to do if the application for political asylum is refused?

If a decision is made to refuse to issue documents to resolve the issue of recognition as a refugee or a person in need of subsidiary protection, the Migration Service body sends a written notification to the applicant or his/her legal representative within three working days from the date of its adoption, stating the reasons for the refusal and explaining the procedure for appealing against such a decision. We do not recommend to appeal it yourself, but to apply to a law firm for legal assistance. In this case the chances of being granted political asylum in Ukraine will increase.

If a person exercises the right to appeal, the Migration Service authority shall retain the documents that certify the applicant's identity and other documents until the decision is made, and shall inform the body of internal affairs at the place of residence of the person within three working days. If the person fails to exercise the right to appeal within five working days from the date of the written notification of refusal to process the documents for refugee status, the Migration Service seizes from the person a certificate that he or she has applied for political asylum. Therefore, your time to act is limited to 5 working days.

There is also a judicial procedure for appealing against decisions of the migration service to refuse to grant refugee status.

How to get the help of a lawyer for political asylum?

Contact our consultants to get more detailed information on refugee status processing and face-to-face legal assistance.

Lawyers with experience in migration law are waiting for you and ready to discuss your problem:

• by phone;
• by e-mail;
• via chat-bot on the website.

Only during a face-to-face consultation we can really assess your chances of obtaining refugee status in Ukraine due to political persecution.

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