New regulation on the temporary protection in Spain of persons affected by the armed conflict in the Ukraine

Following the Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection (the “Council Implementing Decision”), last 8 March 2022, the Spanish Council of Ministers reached an agreement on the extension of protection to persons affected by the war in the Ukraine.

 
The Council Implementing Decision sets forth the protection to, at least, the following groups of persons:
 

1. “Ukrainian nationals residing in Ukraine before 24 February 2022;
2. stateless persons, and nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022; and,
3. family members of the persons referred to in points (a) and (b).”

 
The Spanish Council of Ministers extended the protection to:
 

1. Ukrainian citizens legally staying in Spain before 24 February 2022 who, as a result of the armed conflict, cannot return to the Ukraine.
2. Third-country nationals or stateless persons legally residing in the Ukraine pursuant to Ukrainian law -on a permanent basis or otherwise, such as students-, who are unable to return to their country or region.
3. Ukrainian citizens irregularly living in Spain before 24 February 2022 who, as a result of the armed conflict, cannot return to the Ukraine.
4. Family members of (1) and (2).

 
Furthermore, the Spanish government has regulated the procedure through which the relevant persons may apply for protection by means of Order PCM/169/2022, of 9 March, which develops the recognition of temporary protection to persons affected by the conflict in the Ukraine:
 

1. The applicant may appear in person before the specifically designated police station or reception center.
2. The applicant will have to provide the documentation in their power to prove belonging to any of the groups listed above.
3. The authorities will have 24 hours to resolve.
4. A residence and work permit for a duration of one year will be issued. This initial permit may be renovated for up to two more one-year periods if the authorities determine that protection is still necessary.