Austria: Information for stateless people and those at risk of statelessness fleeing Ukraine • Documents issued • • • • Entry status • If eligible for temporary protection, apply to State Police Directorate within three days; if not, may apply for asylum before a relevant competent authority (e.g., at the Humanitarian Arrival Centre) Police will direct any unaccompanied minors to youth welfare institutions Persons eligible for temporary protection: the Federal Office for Immigration and Asylum (BFA) will issue an ID card for registered persons (Vertriebenenausweis = "Blaue Aufenthaltskarte”) (“Blue Residence Card”) Asylum seekers: document evidencing lawful stay in Austria for the duration of the asylum procedure (“White Card”) Other people who do not apply for protection: document confirming access to health care services Beneficiary of temporary protection, asylum seeker, or temporary stay pending onward travel (status of those permitted entry on humanitarian grounds but ineligible for protection whose country of origin/habitual residence is Ukraine is unclear) 2. ROUTES TO INTERNATIONAL PROTECTION Three forms of protection are available to people fleeing Ukraine: refugee status, subsidiary protection, or temporary protection. Temporary protection is only available to stateless persons who benefitted from international protection or equivalent national protection in Ukraine. Austria does not extend temporary protection to stateless persons who had a valid permanent residence permit in Ukraine, nor to other stateless and undocumented persons from Ukraine. People who are not eligible for temporary protection or international protection may enter Austria on humanitarian grounds and are temporarily allowed to stay, but the law requires that they organise onward travel to their ‘country of nationality/habitual residence’. If that country is Ukraine, the situation is unclear. Some stateless/undocumented people may be able to regularise their stay in Austria through other routes (e.g. student visa, or tolerated stay), but the requirements are difficult to meet. Most stateless people, people at risk of statelessness and undocumented persons fleeing Ukraine are likely to be excluded from protection in Austria unless they meet the eligibility criteria set out below. People who are already in Austria are strongly advised to seek legal advice as soon as possible (e.g. from Asylkoordination Österreich or Diakonie Flüchtlingsdienst). Available routes to protection are summarised in the table below. Refugee status Subsidiary Protection Temporary Protection What is it? Protection under 1951 Convention Relating to the Status of Refugees Temporary protection for eligible people displaced from Ukraine Can stateless and/or undocumente d persons apply? Yes Protection for people who do not meet 1951 Convention definition but would be subject to serious risk of harm upon return Yes Where to apply? Before a relevant competent authority (i.e., police, border guard); Federal Office for Immigration and Asylum Same as Refugee Status Yes, if they meet eligibility criteria (i.e., beneficiaries of international or equivalent national protection in Ukraine and their family members) State Police Directorate (LPD) within 3 days of arrival