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We have a Ukrainian friend who has received a visa to the UK but is waiting for the import licence of her dog.

She is coming up to 90 days of being in the EU and is worried what will happen if she overstays in the EU because she is waiting for the paperwork for her dog.

There is the 90 / 180 day rule under which she entered the EU.

As far as I understand, Ukrainians can apply for some sort of status in the EU but I don't quite understand the rules. She already has a type of refugee status in the UK.

Should she apply for a status in Poland as well or just overstay? Any links to documentation would be greatly appreciated.

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    Is there a reason why your friend can't ask someone to take care of the dog and come back later?
    – JonathanReez
    Commented May 29, 2022 at 12:23
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    Related: travel.stackexchange.com/questions/46409/….
    – JonathanReez
    Commented May 29, 2022 at 12:25
  • I think there are a few things being conflated here. The "90 days" sounds like Schengen, not the EU. And while the EU has indeed general rules, the specific rules still depend on the individual member states. The question already mentions 'Poland as well" - but Poland is an EU member.
    – MSalters
    Commented May 30, 2022 at 11:14

1 Answer 1

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The 90/180 day rule presently does not apply to Ukrainen citizens and 3rd country residents who have stayed in Ukraine, but the Directive 2001/55/EC, which allows Ukrainian citizens and 3rd country residents to stay or remain (in Germany presently until 2022-08-31) without further application.

Residence permits can be appled for by Ukrainian citizens, and 3rd country residents who have stayed in Ukraine, in Germany.

Poland will have similar rules, possibly even more generous.

Your Ukrainian friend should have no worry about overstay problems per se, but applying for a residence permit may be a good idea for any future travelling inside the Schengen Area since it serves as proof that the intial conditions have been officially confirmed.


(Unofficial site) Residence Law Issues for People from Ukraine in Germany: All persons who travelled from Ukraine to Germany after 24 February 2022, may stay in Germany until 31 August 2022. The regulation [based on Directive 2001/55/EC] also applies to other third-country nationals who have stayed in Ukraine. Originally this regulation was valid until 23 May 2022, but it was extended until 31 August 2022.

Ukrainian nationals with residence or habitual abode in Ukraine who were not in Ukraine on 24 February 2022 but were abroad, for example for a holiday or an internship, may also enter Germany and stay here until 31 August 2022. The same applies to refugees recognised in Ukraine with protection status under the Geneva Refugee Convention or other international or national protection.

Ukrainian nationals who have already legally stayed in Germany for a short stay on February 24, 2022 (based on a visa-free stay or with a Schengen visa), can also stay in Germany until 31 August 2022, according to this regulation.

This results from the regulation of the German Federal Ministry of the Interior and Community, which is valid from 9 March 2022. It applies retroactively. This means that all entries of refugees from Ukraine after 24 February 2022 become legal entries.

All persons who travelled from Ukraine to Germany after 24 February 2022, may stay in Germany until 31 August 2022. The regulation also applies to other third-country nationals who have stayed in Ukraine. Originally this regulation was valid until 23 May 2022, but it was extended until 31 August 2022.

Ukrainian nationals with residence or habitual abode in Ukraine who were not in Ukraine on 24 February 2022 but were abroad, for example for a holiday or an internship, may also enter Germany and stay here until 31 August 2022. The same applies to refugees recognised in Ukraine with protection status under the Geneva Refugee Convention or other international or national protection.

Ukrainian nationals who have already legally stayed in Germany for a short stay on February 24, 2022 (based on a visa-free stay or with a Schengen visa), can also stay in Germany until 31 August 2022, according to this regulation.

This results from the regulation of the German Federal Ministry of the Interior and Community, which is valid from 9 March 2022. It applies retroactively. This means that all entries of refugees from Ukraine after 24 February 2022 become legal entries.

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    (+1) Applying for a proper refugee status (or, more likely, subsidiary protection) can be useful for other reasons too. That status would typically offer a path to citizenship or permanent residence, whereas the temporary protection can be revoked en masse soon. In that sense, it is certainly convenient but not particularly generous and nothing in the directive on mass influx of displaced person says that people who benefit from it cannot apply to have their rights as refugees recognized.
    – Relaxed
    Commented May 29, 2022 at 14:10
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    @Relaxed Yes, 'the temporary protection can be revoked en masse soon' ends in Germany, unless renewed, on the 2022-08-31. Applying for a residence permit is relativly straight forward and can often be done online. The process itsself can, however, be time consuming. Important, at least in Germany, is the date of the application. In such cases the 'fiction of approval', starting at the application date, is assumed until the final decision has been made. Commented May 29, 2022 at 14:54
  • I would be very cautious about applying for reugee status elsewhere, as that might effect eligibility for living in the UK.
    – CMaster
    Commented May 30, 2022 at 14:35

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