Insight | 18.03.2022

The EU Temporary Protection Directive: How it works, for now, in Italy

Ukrainian nationals who enter Italy and want to request temporary protection under the Temporary Protection Directive shall take in consideration the following practical fulfilments


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As explained in our previous alert, on last March 4, 2022, the European Council approved the activation of the so called “Temporary Protection Directive” providing for an exceptional scheme granting immediate and temporary protection to displaced people from Ukraine who have been forced to leave their homes due to the current armed conflict.

In Italy we are still waiting for the official approval of a decree (DPCM) which should enact the provisions of the directive and the Decision 2022/382 of the EU Council, however, the Ministry of the Interior has already activated and instructed the local Police stations (Questura) – through the Circular of March 10, 2022 – to receive applications from Ukrainian citizens who want to request temporary protection in Italy.

As of now, Ukrainian nationals who were residing in Ukraine as of February 24, 2022, as well as other non-EU nationals and their family members residing in Ukraine as of the same date, who enter Italy and want to request temporary protection under the Temporary Protection Directive shall take in consideration the following practical fulfilments:

  • Ukrainian nationals who have not entered directly Italy from Ukraine and, therefore, do not have an Italian entry stamp on their passport, shall report themselves within 8 days from arrival at the local Police station (Questura) to submit a declaration of presence (Dichiarazione di Presenza).

 

  • To officially file the request for temporary protection, at least until the issuance of the Decree (DPCM) setting the internal standards to process the request, Ukrainian nationals shall go to the Immigration Offices of local Police stations (Ufficio Immigrazione Questura – list available at the following link https://questure.poliziadistato.it/) with their passport, 2 passport-size photos, a declaration of hospitality (Dicharazione di Ospitalità) should they be hosted by someone already residing in Italy, and declaration of presence (if needed). Police stations shall process the requests and provide a receipt, including a photo and the tax code of the applicant (which will then allow him/her to access health services).

 

  • Until March 31, 2022, they are required to comply with the Covid-19 measures currently in place – therefore within 48 hours from entering Italy an antigenic swab or a PCR test shall be taken.

 

  • Within 5 days following the swab / PCR test a self-monitoring period, with the obligation to wear a FFP2 mask, shall be observed.

 

  • At the point of entry into the Italian territory or in any case within 5 days from the entry, Ukrainian nationals have the right to receive the following vaccines: anti Covid-19, Diphtheria, Tetanus, Pertussis and Polio vaccines (subject to an evaluation of local health authorities, there is an optional administration of measles vaccine, mumps, rubella vaccines and tuberculosis screening test).

 

  • Until March 31, 2022, pending the issuance of the so-called “strengthened” green pass (Green Pass Rafforzato), it is authorized the stay in accommodation centers, national reception and integration system facilities (SAI) or in other accommodation facilities as well as in private homes made available.

 

  • Local health authorities (ASL offices) can be contacted to receive more information about the current anti Covid-19 measures and the validity of Ukrainian sanitary documents.

 

  • In case of need of an accomodation in Italy, it is possible to contact the local “Prefettura” of the city/town where the person is staying in Italy.

 

The duration of the residence permit, which will be issued pursuant to Article 20 of Legislative Decree 286/98 (Italian immigration law) in an electronic format, will be until March 4, 2023.

The issuance of the residence permit is postponed to the entry into force of the Decree (DPCM) which is expected to be approved soon by the Italian Government.

LCA Corporate Immigration Team is available for any request of clarification or assistance in this regard and will keep you posted on any development on this matter.

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Equity Partner
Benedetto Lonato
Senior Associate
Alessia Ajelli

Marketing & Communication
marketing@lcalex.it

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