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Temporary Protection

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Temporary Protection

The Temporary Protection Directive was adopted by the EU Commission in the aftermath of the Russian invasion into Ukraine on the 24th February 2022. On the 4th March 2022, the Council adopted the Implementing Decision establishing Temporary Protection for displaced persons from Ukraine. The aim of the TP Directive is to establish an emergency mechanism that can be used by EU Member States to provide an immediate but temporary protection to displaced persons in the context of a mass influx, and to alleviate pressure on national asylum systems.

According to the Implementing Decision, in order to be eligible for Temporary Protection, you need to meet the following criteria:

– Persons displaced from Ukraine on or after 24 February 2022

  • Ukrainian nationals residing in Ukraine on or before the 24 February 2022
  • Stateless persons, third country nationals other than Ukraine, who benefitted from IP or national protection in Ukraine before 24 February 2022
  • Family members of the above (who were already present and residing in Ukraine as a family unit prior to the 24 February 2022)

RIGHTS OF PERSONS ENJOYING TEMPORARY PROTECTION


In accordance with Part III of Subsidiary Legislation 420.05, as a beneficiary of temporary protection, you are entitled to the following:

  • A residence permit for the entire duration of temporary protection.
  • Subject to any special arrangements to which Malta may be a party of, for a period not exceeding that of temporary protection, you are permitted to engage in employed or self-employed activities, subject to rules applicable to the profession, as well as in activities such as educational opportunities for adults, vocational training and practical workplace experience. In these cases, the general provisions applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.

Provided that for reasons of labour market policies, priority may be given to EU citizens and citizens of States bound by the Agreement on the European Economic Area and also to legally resident third-country nationals who receive unemployment benefit.

  • To have access to suitable accommodation or, if necessary, to receive the means to obtain housing accommodation.
  • Provided that if you do not have sufficient resources, you shall receive the necessary assistance in terms of social welfare and means of subsistence, as well as for medical care, which shall include at least emergency care and essential treatment of illness.

In case you are engaged in employed or self-employed activities, account shall be taken, when fixing the proposed level of aid, of your ability to meet your own needs.

  • If you have special needs, such as being an unaccompanied minor or a person who has undergone torture, rape or other serious forms of psychological, physical or sexual violence, you shall be provided with medical or other necessary assistance.
  • In case you are engaged in employed or self-employed activities, account shall be taken, when fixing the proposed level of aid, of your ability to meet your own needs.

If you are under the age of eighteen, you shall be granted access to the state education system under the same conditions as Maltese nationals.

TEMPORARY PROTECTION FAQ

If you wish to make a request for Temporary Protection in Malta, you may make an appointment with the International Protection Agency by calling on +356 21255257 or sending an email on frontoffice@ipa.gov.mt. Once you arrive at our premises on the day of your appointment, you will be provided with information regarding your choice between applying for international protection or temporary protection. If you decide to proceed with an application for temporary protection, you will be asked to fill in the TP Request Form with your basic details and with the help of an interpreter if needed.

You will then meet with an IPA officer, who will be responsible for determining if you are eligible for TP or not. Please note that you are required to prove you meet the eligibility criteria by presenting all necessary documentation in original format, for e.g., your Ukrainian passport or birth certificate to prove your nationality and to show an entry stamp into the EU after the 24 February 2022. You may be required to present further evidence as proof of your residence in Ukraine prior to this date.

If you do not meet the eligibility criteria or you do not have the original documentation to prove your eligibility, you may be refused temporary protection. In this case, you will be given a notice of the IPA’s refusal in writing, and you may consider applying for international protection if you wish to do so.

The Council implementing decision applies to the following categories of persons displaced from Ukraine on or after 24 February 2022, as a result of the military invasion by Russian armed forces that began on that date:

  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); (who were already present and residing in Ukraine as a family unit prior to the 24 February 2022)

Temporary protection shall also be granted to stateless persons, and nationals of third countries other than Ukraine, who can prove that they were legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return in safe and durable conditions to their country or region of origin.

Kindly note that you are required to show documentation to prove that you fall under the above categories (for e.g., if you are a Ukrainian national, you need to provide documentation confirming your nationality, such as your Ukrainian passport, and a dated stamp of exit from Ukraine or stamp of entry into another state).

  1. the spouse of a person referred to in point (a) or (b), or the unmarried partner in a stable relationship;
  2. the minor unmarried children of a person referred to in point (a) or (b), or of his or her spouse, without distinction as to whether they were born in or out of wedlock or adopted;
  3. other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx of displaced persons, and who were wholly or mainly dependent on a person referred to in point (a) or (b) at the time.

    Kindly note that you are required to show evidence that you are a family member of the persons referred to in points (a) and (b)

Yes, you can request Temporary Protection. The Agency will also make the appropriate referral to the competent authorities given you are a child without a parent or legal guardian present in the country.

If you wish to be appointed as a legal guardian for a child in Malta without his/her parent, you need to contact the Agency for the Welfare of Asylum Seekers (AWAS)  in order to begin the process for legal guardianship to be established through a court order.

  • Agency for the Welfare of Asylum Seekers (AWAS) Block C, Belt is-Sebh, Floriana Tel: 25687200 Email: awas@gov.mt Web: awas.gov.mt

No. A request for Temporary Protection needs to be done in person at our premises, and this also applies to minor children. Kindly also be informed that if you are eligible for Temporary Protection you will need to be photographed as part of the registration process.

If you left Ukraine before the 24 February 2022, then you are not eligible for Temporary Protection in Malta. Should you wish to, you may apply for international protection with the International Protection Agency.

Persons who wish to seek Temporary Protection or apply for international protection in Malta should contact us via email or phone to book an appointment to come to our premises. Please, send us an email or call the number indicated below. 

       Email address    for booking appointments: frontoffice@ipa.gov.mt

       Phone number for booking appointments: (+356) 21255257

Our opening hours are from Monday to Friday (excluding public holidays) from 08:00 am to 12:00 pm.

Kindly note that appointment times are indicative and long waiting times at the Agency are to be expected due to the current overload on the system.

No, you can request Temporary Protection at any time.

No, this Agency does not provide any service to assist in the transportation from/to our premises of elderly people or movement impaired people.

Please be informed that Ukrainian Nationals who wish to request Temporary Protection under the Temporary Protection Directive (2001/55/EC), need to bring the following documents to their appointment:

  • original identification documents (passport, identity card, etc.)
  • travel documents that show their travel route
  • printed copies of:
    1. the first page of their passport – identity card (with the personal detail information/biodata page) and
    2. the passport page(s) including the stamp related to entry in the EU and/or the pages with the VISA issued by a EU Member state and/or page showing the renewal of the passport
    3. original or printed copies of birth certificates of minor children
    4. travel documents that show their travel route

No. Upon the issuance of the Temporary Protection certificate, beneficiaries are entitled to all the rights resulting from being holders of Temporary Protection status.

In accordance with the provisions of the Temporary Protection Directive, holders of the status are entitled to:

  • residence permits;
  • access to the labour market and accommodation;
  • social and welfare assistance;
  • medical care (including, as a minimum essential emergency care and essential treatment of illness); and
  • access to education for children and teenagers.

Temporary Protection status is currently valid until 4 March 2026. If the reasons for granting Temporary Protection subsist, this status may be renewed for another two consecutive periods of 6 months each, i.e., until 4 March 2024.

No. Temporary Protection cannot be enjoyed concurrently with either the status of an applicant for international protection (i.e., an asylum seeker) or a beneficiary of international protection.

In case someone decides to apply for international protection instead of Temporary Protection, his/her application will be assessed accordingly, and a decision will be taken by the International Protection Agency.

Yes, you can withdraw your Temporary Protection status at any moment by making a request to do so in-person at our premises. Please follow the instructions above to book an appointment to speak to Front Desk.

Yes, you can withdraw your Temporary Protection status at any moment by making a request to do so in-person at our premises. Please follow the instructions above to book an appointment to speak to Front Desk.

As a beneficiary of Temporary Protection you are entitled to accommodation. Please contact AWAS to enquire further:

  • Agency for the Welfare of Asylum Seekers (AWAS) Block C, Belt is-Sebh, Floriana
    Tel: 25687200 Email: awas@gov.mt Web: awas.gov.mt

As a beneficiary of Temporary Protection, you may contact AWAS or Agenzija Appogg in order to request social welfare assistance and information regarding what social assistance you are entitled to.

  • Agency for the Welfare of Asylum Seekers (AWAS) Block C, Belt is-Sebh, Floriana

Tel: 25687200 Email: awas@gov.mt Web: awas.gov.mt

  • Aġenzija Appogg 36, Triq San Luqa, Gwardamanga

Tel: 2295 9000 Email: appogg@gov.mt Web: fsws.gov.mt/en/appogg Facebook: @fswsmt

Aġenzija Appogg may also be contacted should you require social or psychological support.

When it comes to social benefits, you may contact the Department of Social Security in order to see what social benefits you are entitled to.

  • Department of Social Security 38, Ordnance Street, Valletta Tel: 21255153

As a beneficiary of Temporary Protection, you are entitled to medical care. Please check with the Medical Entitlement Unit, Ministry of Health regarding what medical care you are entitled to.

Medical checks at the Qormi Health Centre are mandatory in accordance with the instructions issued by the Public Health authorities.

Please check directly with the entity concerned as regards whether services to beneficiaries of Temporary Protection are provided upon presentation of the Protection certificate issued by this Agency or the residence permit issued by Identity Malta.

Yes. As a person who will be residing here in Malta on the basis of Temporary Protection, being in possession of a residence permit is obligatory in accordance with the Identity Documents Act (Chapter 258 of the Laws of Malta).

As a beneficiary of Temporary Protection, you are entitled to work in Malta. Please check with JobsPlus regarding how to access the labour market.

  • Jobsplus (ex-ETC) Head Office, Birzebbuga Road, Hal Far
    Freephone: 153 Tel: 22201100 Email: jobsplus@gov.mt Web: jobsplus.gov.mt
    Facebook: @jobsplusmalta; Gozo Office Sir Arturio Mercieca Street, Victoria Freephone: 153
    Tel: 2220 1950

If you are under the age of eighteen, you shall be granted access to the state education system under the same conditions as Maltese nationals. Please check with the Ministry of Education regarding how to access education:

  • Ministry for Education, Great Siege Road, Floriana Tel: 25980000 Web: education.gov.mt Facebook: @edukazzjoni

As a beneficiary of Temporary Protection in Malta, you can travel within the EU for 90 days within a 180 day period. After that period of time expires, you will be considered to be overstaying and you need to return to the EU MS which granted you Temporary Protection.

Yes. In accordance with the Statement of the Member States of the EU that was issued together with Council Implementing Decision of 4 March 2022, you can apply for Temporary Protection in another Member State. However, before doing so you should inform this Agency so that your status in Malta can be withdrawn accordingly.  

Travelling back to Ukraine entails that you are forfeiting your Temporary Protection status in Malta, which will be withdrawn.

As a beneficiary of Temporary Protection in Malta, you are entitled to access the Maltese labour market. With regards to the possibility of working in another EU Member State you should check with the competent employment authority of the Member State where you would like to seek employment.

As a beneficiary of Temporary Protection in Malta, you are entitled to access the Maltese labour market. Kindly refer to JobsPlus for further guidance on what type of economic activity you can conduct in Malta.