Forms of protection granted and rights attached

Duration of residence permit

Deadline for withdrawal of Temporary Protection and measures upon expiry of TP

Refugee recognition rates / Access to asylum procedure prior to return ?

Exploratory

visits ?

Number of permanent returnees

AUSTRIA

4 Pre-existing Temporary Protection status in national legislation

4 Restricted residence permit with right to work. No right to family reunification

 

 

4 From arrival of refugees under HEP until 31 December 1999

4 From December 1999 until withdrawal of TP

 

4 31 March 2000

4 No decision as yet

4 Nearly 100% (April-June 1999)

No figures available since

4 Yes

4 No

4 About 3,300 persons

4 Out of 5,000-6,000 evacuees. 6,719 applications for asylum from FRY in 1999

DENMARK

4 Temporary protection as a specific emergency measure

4 Residence permit with right to work and right to family reunification

 

4 6 months renewable

4 Within a maximum of 2 years, but may be withdrawn before

4 Upon expiry access will be given to asylum procedure

4 The majority of spontaneous arrivals from Autumn 1998 to March 1999 were granted refugee status. No firm caselaw available since

4 Yes

 

4 Only one

No further visits planned

4 1,256 persons out of which 1,220 under TP and 36 asylum-seekers who withdrew their applications

FINLAND

4 Temporary protection as a specific emergency measure

4 Residence permit with right to work and right to family reunification

 

4 11 months

4 No deadline

4 Upon expiry access will be given to asylum procedure

4 50% granted residence permits based on the need for protection

4 No

4 400 persons

4 out of 1032 evacuees and 130 asylum applicants

FRANCE

4 Temporary protection as a specific emergency measure

4 Residence permit with right to work. Family reunification on a case-by-case basis

4 spontaneous arrivals : 3 months renewable every six months

4 HEP : 6 months renewable

4 No deadline

4 Upon expiry access will be given to asylum procedure or permanent resident permit will be issued

 

4 1,779 asylum applications from FRY between January and September 1999. No figures available since

4 Yes

4 Yes

813 visits as yet

4 2,547 persons

ECRE KOSOVO/KOSOVA Returns survey

 

 

 

Forms of protection granted and rights attached

Duration of residence permit

Deadline for withdrawal of Temporary Protection and measures upon expiry of TP

Refugee recognition rates / Access to asylum procedure prior to return ?

Exploratory

visits ?

Number of permanent returnees

GERMANY

4 Duldung (toleration status)

4 Temporary protection as a specific emergency measure (7%)

4 Residence permit with/without right to work. No right to family reunification

 

 

4 3 months renewable

4 Between 31 March and 30 April 2000

4 Upon expiry Duldung will be given. Forcible returns will eventually take place

4 Under 1%

4 Yes

4 Yes

4 Under 10%

4 Of 250,000 refugees

IRELAND*

 

 

 

* HEP only

4 Temporary protection as a specific emergency measure

4 Residence permit with right to work and right to family reunification

 

4 12 months renewable

4 No deadline

4 No decision as yet

4 No figures available

4 No decision as yet other than right to apply to remain

4 Yes

4 210 persons

4 out of 1,031 evacuees

ITALY

4 Temporary protection as a specific emergency measure

4 Residence permit with right to work and right to family reunification after six months

4 Right to study and access to health care

 

4 Until withdrawal of TP

4 31 December 1999

4 Upon expiry TP extended for 6 months

4 Assisted repatriation program

4 Very low (no figures available)

4 Yes

4 Unknown

4 No figures available

 

 

Forms of protection granted and rights attached

Duration of residence permit

Deadline for withdrawal of Temporary Protection and measures upon expiry of TP

Refugee recognition rates / Access to asylum procedure prior to return ?

Exploratory

visits ?

Number of permanent returnees

LUXEMBOURG*

 

 

* The vast majority of asylum-seekers from Kosovo in Luxembourg are Muslim Slavs

4 Tolerance (Toleration status)

4 Residence "registration" with right to work. The right to family reunification is not automatic

 

4 6 months renewable until 15 June 2000

4 No written information. An oral invitation to return by summer has been issued for evacuees and rejected asylum-seekers

4 Promotion of voluntary return

4 Very low

4 Yes. Most have already applied. Many cases are currently put on hold because of a coming change in the asylum procedure

 

4 No

4 About 200 persons

THE NETHERLANDS

4 Pre-existing Temporary Protection status in national legislation

4 Residence status for humanitarian reasons on individual grounds

4 Residence permit with limited right to work. No right to family reunification

4 12 months, not renewable since July 1999

4 TP ends after 12 months

4 Kosovans under TP have access to asylum procedure

4 No figures available

4 Yes

4 No

4 No figures available

NORWAY

4 Pre-existing Temporary Protection status in national legislation

4 Temporary permit with right to work and right to family reunification

4 Right to social assistance

 

4 12 months, not renewable

4 TP ends after 12 months

4 Upon expiry access will be given to asylum procedure

4 0%

4 Yes

4 Yes

4 3,620

4 Out of 7,700-7,800 under TP (6,070 evacuees)

 

 

Forms of protection granted and rights attached

Duration of residence permit

Deadline for withdrawal of Temporary Protection and measures upon expiry of TP

Refugee recognition rates / Access to asylum procedure prior to return ?

Exploratory

visits ?

Number of permanent returnees

PORTUGAL

 

4 Pre-existing Temporary Protection status in national legislation

4 Residence permit with right to work and right to family reunification after 12 months

 

 

4 6 months renewable

4 No deadline

4 No decision as yet

4 0%

4 No

4 No

4 1,037 persons

SPAIN

4 residence permit for displaced persons accepted in Spain

4 Residence permit with right to work

 

4 12 months renewable

4 Information not available

4 0%

4 Yes

4 No

4 1,055 persons

4 Out of 1450 under TP

SWEDEN

 

4 Pre-existing Temporary Protection status in national legislation

4 Residence permit with right to work and right to family reunification (for nuclear families only)

 

4 11 months, not renewable

4 30 April 2000

4 Upon expiry access will be given to asylum procedure

4 No figures available. Minorities (e.g. Roma are presently granted Refugee Status)

4 Yes

4 Yes

4 About 1,500

4 Out of 3,800 evacuees

 

 

Forms of protection granted and rights attached

Duration of residence permit

Deadline for withdrawal of Temporary Protection and measures upon expiry of TP

Refugee recognition rates / Access to asylum procedure prior to return ?

Exploratory

visits ?

Number of permanent returnees

SWITZERLAND

4 Pre-existing Temporary Protection status in national legislation, i.e. collective temporary protection

4 Residence permit without right to work. No right to family reunification

 

 

 

4 TP ended in August 1999

4 Deadline for return : 31 May 2000

4 Upon expiry temporary status will be given until 31 May 2000, on a case-by-case basis

4 Resettlement in a third country, or forcible return will eventually take place

4 1.2%

4 Yes

4 No

4 About 16,000 persons

4 Out of 28,913 refugees from FRY

UNITED KINGDOM

4 Exceptional leave to remain

4 Temporary protection as a specific emergency measure

4 Residence permit with right to work. Right to family reunification ended September 1999

 

 

4 12 months not renewable, unless exceptional compassionate circusmtances

4 TP ends 12 months after arrival in the UK

4 Upon expiry access will be given to asylum procedure

4 Forcible return will eventually take place. However at present all returns are on a voluntary basis

 

 

4 Information not available

4 Yes

4 Yes

4 1,388 persons (HEP :1,092)

4 Out of 4,346 evacuees

 

 

 

 

© European Council on Refugees and Exiles, February 2000