What is temporary protection?
It is an exceptional procedure established by a European directive: Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. This directive has been transposed
into Belgian law.
The implementation of temporary protection requires a decision by the Council of the European Union.
By enforcing the decision of 4 March 2022, the Council of the European Union recognized the existence within the Union of a massive influx of displaced persons who were obliged to leave Ukraine due to an armed conflict. This decision also specifies the persons to whom the temporary protection applies.
To whom does the decision concerning temporary protection apply?
- Ukrainian nationals and their family members whose primary residence was in Ukraine before 24 February 2022.
- Stateless persons, and nationals of third countries other than Ukraine, and their family members, who benefitted from international protection of equivalent national protection in Ukraine, whose primary residence was in Ukraine before 24 February 2022.
Who are family members?
- The spouse or the unmarried partner in a stable relationship in accordance with Belgian legislation for aliens
- The minor unmarried children , including those of a spouse, without distinction as to whether they were born in or out wedlock or adopted
- Other close relatives that were living within the family unit at the time that circumstances surrounding the mass influx of displaced persons unfolded and who were wholly or mainly dependent at the time.
Stateless persons and nationals of third countries
- Nationals of third countries legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit and who are unable to return to their country or region of origin under safe and sustainable conditions.
Where to submit a request for temporary protection?
At the registration center:
40 Place Victor Horta, 1060 Brussels
At what time ?
Who may submit a request?
Each person wishing to benefit from temporary protection must present themselves in person at the registration centre in possession of the documents proving that he belongs to the above-mentioned categories.
Biometric data (fingerprints)
Copy of the documents in your possession that show you belong to one of the above-mentioned categories
- Certificate of Temporary Protection
Providing that the conditions for granting temporary protection are met, a certificate will be issued.
- You must then present yourself with the certificate at the municipality where you are residing.
- The municipality will give the holder of the certificate a residence permit issued to nationals of third countries admitted or authorized for temporary stay for more than 3 months (“Temporary A” card)
- A Card
- The A Card is valid for 1 year from the date that the temporary protection is implemented (i.e. from 4 March 2022 until 4 March 2023)
- The temporary protection is automatically renewed for two times six months, this until 4 March 2024. Nevertheless, the A Card valid until 4 March 2023 must be renewed. In order to do so, you may go to the commune as of 4 January 2023 to request the renewal. This new A Card will be valid until 4 March 2024. If the new card cannot be issued before 4 March 2023, an Annexe 15 will be issued.
- If you receive a certificate of temporary protection after 4 January 2023, an A Card valid until 4 March 2024 will be issued to you.
Persons authorized to stay as beneficiaries of temporary protection are authorized to work on the condition they are in possession of their residence permit (above-mentioned A card or the Annex 15 while waiting for the Carte A to be issued).
May a request for international protection be submitted?
Yes. However, the examination of the request for international protection by a person benefitting from temporary protection is suspended until the temporary protection regime comes to an end.
What if temporary protection is obtained in another country?
If temporary protection is applied for and obtained in another country applying the implementing decision of 4 March 2022 of the Council of the European Union, the temporary protection previously granted in Belgium will come to an end and, where applicable, the residence permit issued (card A, or annex 15 issued pending the issue of the card A) will be withdrawn.