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European Union countries will grant residence and working rights to Ukrainian citizens fleeing the country following Russia’s invasion in a move unanimously approved by justice and home affairs ministers. It is the first time the EU has used the ‘temporary protection’ mechanism since its introduction, in 2001, in the aftermath of the conflict in former Yugoslavia. The emergency mechanism aims to provide immediate support to ‘displaced persons who are not in a position to return to their country of origin’ with reduced border formalities and without applying for asylum. Ukrainian citizens will be given residence rights in the EU, including the right to work and to benefit of housing, medical assistance and education for children. These rights will be initially guaranteed for a year and can be extended for up to three years. The European Commission can also propose to end the scheme if the situation allows ‘safe and durable return to Ukraine. Besides Ukrainian citizens, non-EU nationals or stateless persons benefiting from international protection in Ukraine (for example refugees or asylum seekers), as well as their family members, will be eligible for the scheme. However, other people who were in Ukraine for a short period, for example students or temporary workers, and are able to return safely to their home country will not be covered by these measures. Brought home EU home affairs commissioner Ylva Johansson said, however, they are ‘being helped out of Ukraine’ and ‘provided with accommodation, food and clothes’ while waiting to be brought home. The commission has also recommended simplified border procedures, for example lighter checks on vulnerable people like children, flexibility for those arriving without documents, controls at reception facilities instead of at the border and relaxed customs rules so that people can bring personal belonging and pets with them. According to the United Nations High Commissioner for Refugees, more than one million people have crossed from Ukraine to EU countries since the conflict begun, on 24 February. Depending on how the situation evolves, it has been estimated between 2.5 and 6.5 million people could be displaced. Regional help Poland, Slovakia, Hungary and Romania, which are providing immediate support, are expected to receive the vast majority of refugees. Ukrainians with a biometric passport can already travel to the EU visa-free for up to 90 days under an association agreement signed in 2017. Many are expected to join family members or seek employment through this route. The temporary protection mechanism is designed to secure the position of those looking for another legal status after the 90 days without going through the complexity of the asylum system, which typically does not allow working for at least six months. But the decision also drew accusations of ‘double standards’ as the EU could not agree similar terms for refugees from Syria and other conflicts.

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