Ukrainian family gets temporary protection status in Germany

A Ukrainian refugee family in Karlsruhe province is now granted TPS after all. At first, the family was deprived of their status. The reason: She was on vacation when the war broke out in Ukraine and flew straight from the vacation country to Germany.

Now there is an important development.

Update from May 27, 2022, 3pm: Family gets Temporary Protection Status

A Ukrainian refugee family in the Karlsruhe region is now granted temporary protection status, despite coming to Germany from vacation in Egypt. The Ministry of Justice announced that there are no concerns about the issuance of the so-called bogus certificate to the family, the district office told the German news agency DPA on Friday. This also comes with a work permit. “The immigration authorities will issue the document immediately and contact the family.”

The family from the city of Kharkov in eastern Ukraine was initially denied protection status and associated social benefits because they were on vacation in Egypt during the Russian attack on their homeland, and thus traveled from a third country outside the European Union. The Refugee Council in Baden-Württemberg criticized this strongly and spoke of a loophole in the regulations.

The so-called EU directive on the mass influx of Ukrainian refugees has allowed rapid access to various spheres of life in the host country since the beginning of March. Without a lengthy asylum procedure, they immediately receive basic medical care or social benefits. However, this has not yet been applied to entry from other countries outside the European Union.

original message:

A Ukrainian refugee family is denied temporary protection status in the Karlsruhe region because they were on vacation in Egypt during the Russian attack on their homeland – and thus traveled from a third country outside the European Union.

The Refugee Council of Baden-Württemberg, in a statement on Wednesday (May 25, 2022), criticized the immigration authorities of the Karlsruhe region for refusing to grant the family any social benefits because it was on vacation in Egypt at the time of the Russian invasion. . The family from the city of Kharkiv in eastern Ukraine now has to apply for asylum – although politicians from the federal and state governments have stressed that people from Ukraine do not have to apply for asylum in Germany.

The authorities deprive the family of Ukrainian protection status – due to leave in Egypt

Sean McGinley, executive director of the Refugee Council, criticized: “This family has clearly fallen into a loophole that must be closed as quickly as possible by those responsible for the policy.” “Can choosing a vacation destination determine whether you will get protection if war breaks out in your country?” Politicians at the state and federal levels should quickly make it clear that temporary protection applies to everyone who was resident in Ukraine at the time of the Russian invasion — even if they were temporarily out of the country.

“Due to entry from a third country outside the European Union, the family is not subject to the special rules that apply to refugees from Ukraine,” the responsible district office announced. Therefore, the country cannot pay benefits or issue a work permit. The Bureau acknowledged that this decision was understood to be “extremely inappropriate”. However, the family is supported in finding a solution within the legal possibilities in which they do not have to apply for asylum. The question of whether people can be considered war refugees from Ukraine despite their entry from a third country outside the European Union is still being studied at the level of the Federal Ministry of the Interior.

The so-called EU directive on the mass influx of Ukrainian refugees has allowed rapid access to various spheres of life in the host country since the beginning of March. They receive immediate benefits such as basic medical care or social benefits without lengthy asylum procedures.

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