1. The European Union granted special status to people who fled the war in Ukraine

This is the first time that this special status has been triggered in Europe. This protection has been decided for a period of one year, i.e. from March 04, 2022 to March 04, 2023. After this date, the European Union may decide either to extend the protection or to stop it. whether the situation has improved in Ukraine.

2. Am I entitled to benefit from this temporary protection?

1. If you have Ukrainian citizenship (or refugee status in Ukraine) and you resided in Ukraine before 24.02.2022; 2. If you are a member of the family of the persons mentioned in 1., that is to say: - if you are their spouse (married or not); - if you are a minor child (even if adopted - R. 581-2 CESEDA); - if you are a close member of the family, live with them and are financially dependent on them. 3. If you are not Ukrainian but you meet 2 conditions: - you resided legally and permanently in Ukraine before 24.02.22 (residence permit to be presented); - AND you cannot return to your country of origin in safe and durable conditions 4. [To be confirmed by France] If you are not Ukrainian but you regularly reside in Ukraine and you cannot return to your country of origin.

3. Where to apply for this protection and what documents and information do I need to provide?

You must apply for this protection in the prefecture of the place where you live (R. 581-1 CESEDA). The list is available at this link: https://lannonce.service-public.fr/navigation/prefecture. Details on this point could be provided in the coming days.

When you apply for your residence permit, you must give (R. 581-1 CESEDA):

Information on your marital status and that of your spouse and your dependent children (surnames, first names, date of birth, place of birth, names of parents). For children, proof of parentage may be required (birth certificate, presence on passport, etc.)

Precise information on how you entered France (for example the date of departure and arrival, the means of transport, the place where you arrived etc.)

Any document or information that confirms that you are indeed in one of the categories of people who can benefit from protection (see point 2);

Four full-face photographs, bareheaded, 3.5 cm x 4.5 cm format, recent and perfectly alike;

A proof of residence (for example: a certificate of accommodation by individuals or by an association)

The prefecture then gives you a document valid for 6 months which must then be renewed (R. 581-4 CESEDA).

4. Can I apply for asylum in addition to temporary protection?

In principle yes, you can submit an asylum application at any time (article 14 1. of Council Directive 2001/55/EC of 20 July 2001). Your status will then be that of temporary protection while your application is being processed (L.581-4 CESEDA). If your asylum application is rejected, you will regain “temporary protection” status.

5. What am I entitled to with temporary protection?

You may be entitled to financial aid ("Asylum seeker aid") (L. . 581-9 and D. 581-7, L. 533-1 CESEDA) The amount of this aid is in principle 6, 80 euros per day and per person. This amount is increased if you have children.

6. Do I have the right to work with temporary protected status?

Yes, you can work in France. However, to work, you must obtain prior authorization (R. 581-6 CESEDA). The prefecture or a lawyer can inform you and help you to obtain this authorization.

7. Will my children be able to go to school?

Yes, your minor children have the right to go to school like French children (article 14 1. of Council Directive 2001/55/EC of July 20, 2001). You must contact the town hall of the place where you live in France to enroll your children in school.

8. I am sick, can I be treated in France?

In principle, yes, you will have access to the health system (article 13 2nd directive 2001/55/EC of the Council of July 20, 2001). The practical details are not yet specified.

9. Can I bring my family who is not yet in a European Union country?

In principle, yes. If you are in France and you benefit from temporary protection and you have been separated from your family because of the war, you can ask to bring: - your spouse (married or not); - your minor children; - the minor children of your spouse; - other family members who lived with you and were dependent on you when you fled Ukraine (Article 15 1° and 3° of Council Directive 2001/55/EC of 20 July 2001)

10. If my family is in another EU country, can we reunite?

In principle, yes. People from the same family who have temporary protection in different EU countries can be grouped together in the same EU country. (article 15 2° of Council Directive 2001/55/EC of July 20, 2001) To find out in which country, your wishes and the interests of your children are taken into account.

Alexandre DELAVAYLawyer at the Paris Bar