Nationals of third countries legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit and who are unable to return to their country or region of origin under safe and sustainable conditions, have the right to enter Belgium. But there are certain conditions.

In order to determine if it is possible to return to the country or region of origin under safe and durable conditions, a brief interview will be carried out when the request for temporary protection is submitted. The concerned person must prove/provide prima facie evidence at individual level that he/she is unable to return to the country of origin under safe and durable conditions. The concerned person must present all elements at his/her disposal which support identity, nationality, residence in Ukraine as well as reasons invoked regarding the impossibility to return to the country of origin under safe and durable conditions.

After the interview, the concerned person will be given a proof of registration. This document confirms that the concerned person presented themselves at the Registration Centre of the Immigration Office where the application for obtaining authorization for a residence permit under temporary protection was registered.

The Immigration Office will then examine the request and decide, on the basis of all the elements in the file, if the concerned person can or cannot be considered for receiving temporary protection. The person is notified of the decision, which may be subjected to a non-suspensive appeal to the Council for Alien Law Litigation.

Refugee status in Belgium can be obtained by stateless persons and third-country nationals who:

• have been granted international protection or equivalent national protection in Ukraine and their family members whose principal residence was in Ukraine before February 24, 2022;
• have valid unlimited right of residence in Ukraine;
• cannot return to their country of origin or region within their country of origin in safe and sustainable conditions can receive temporary protection and have the same status as ukrainian war refugees.

Displaced people from Ukraine who were granted temporary protection can stay in Belgium for one year and up to a maximum of 3 years upon request for renewal.

Those who were not granted temporary protection can enter and legally stay in Belgium for 90 days without residence permit. This 90-day period can be extended up to a maximum of 180 days if the situation in Ukraine does not allow for a safe return at the end of the first 90-day period. Such extension can be applied for at the municipal administration of the place of residence in Belgium.