BRIEFING: Stateless people and people at risk of statelessness from Ukraine 10 March 2022 • • • 4. Where was the person (and their parents) born? Was their birth registered and do they have a birth certificate? Has the person accessed a statelessness determination procedure in any country? If yes, were they recognised as stateless? For more information see this EU Asylum Agency Practical Guide: https://euaa.europa.eu/sites/default/files/publications/Practical-guide-registrationlodging-applications.pdf Current situation at Ukraine’s Western borders i Information from ENS members and partners in Ukraine and neighbouring countries suggests that stateless people and those at risk of statelessness fleeing Ukraine may face additional barriers and differential treatment depending on their residence, nationality, and/or documentation status. Ukrainian border There have been reports of racial discrimination, antigypsyism, and/or differential treatment based on documentation status on the Ukrainian side of the border, which may be preventing some stateless/people at risk of statelessness from leaving Ukraine. Entry to Western bordering countries Hungary, Slovakia, Poland, Romania, and Moldova have stated that they are currently admitting everyone fleeing the war in Ukraine, including stateless people, those at risk of statelessness and/or undocumented people. However, inconsistent practices and racial profiling have been reported at different border crossings (e.g., in Hungary and Poland) with non-Ukrainians facing barriers to accessing the territory, or additional ‘secondary screening’ procedures, including in detention-like conditions in Poland. Access to protection The EU Temporary Protection Directive (TPD) grants immediate protection in the EU to Ukrainian nationals and those who had international protection in Ukraine prior to 24 February 2022. Stateless persons who can prove they held a permanent residence permit in Ukraine before 24 February and ‘cannot safely return to their country or region of origin’, are also entitled to temporary protection, but Member States can choose whether to apply the TPD or ‘adequate protection under national law’. Member States may also extend temporary protection to others, including stateless persons who were ‘residing legally’ in Ukraine. People granted temporary protection under the TPD are entitled to a residence permit (initially for one year, extendable up to three years unless safe return is possible), access to the labour market, housing, social welfare, medical care, and access to education for children. EU Member States are not currently required under EU law to extend temporary protection to most stateless people and those at risk of statelessness who are/were living in Ukraine. People without proof of permanent residence or international protection in Ukraine may need to apply for asylum or another form of protection according to the laws of their host country.