Question:
I am from Ukraine. And i arrived in Cyprus using a pro-visa. It expires soon and i have to return
home to the Donetsk region. Our region is involved in military actions, and civilians and military
personnel die; young people are actively encouraged in the army. My friends advised me to
apply to the Immigration service of Cyprus with a request to assign my refugee status In the
internet, on the website http://prokipr.ru/lawer_refugee.html I read excerpts from the law on the
Russian language, where in particular, is specified that persons applying for refugee status, while
they await the decisions of the authorities, receive a maintenance allowance (€100 per week
plus €250 per month compensation for housing). In case of refusal, the applicant will hate to
leave Cyprus in two weeks after he/she will pay back the maintenance allowance amount.
Otherwise, he/she will face imprisonment, forced labor and deportation from Cyprus with
registration in the stop-list. Is it true? And anyway, could you please clarify the situation:
How to get refugee status in Cyprus and does it worth to do it? What are the rights of refugees?
Response:
International protection equals to two statuses: the Refugee and the Subsidiary Protection Status.
The Asylum Service is the responsible Authority for those who are seeking to apply for
International Protection. Upon examination of the Application by the Asylum Service, each case
is examined on its own merits. After the evaluation of the application, the Asylum Service
decides whether a person is entitled to international protection. The form of international
protection to be granted is always in accordance to relevant international instruments, the
national law and the European acquis.
A refugee is a person who «owning to a well-founded fear of being persecuted for reasons of
race, religion, nationality, and is unable or, owning to such fear, is unwilling to avail himself of
the protections of that country».
The Refugees have the following rights:
- The right to a fair treatment regardless of gender, race, and religion, membership in a particular
social group, political opinion or country of nationality/origin. - The same rights as Cypriot nationals enjoy, such as:
a. the right to primary education
b. the right to engage in employed or self-employed professional activities, subject to rules
generally applicable to the profession, the public administration, the recognition of degrees and
remuneration.
c. The right of all minors to have full access to all levels of education.
d. The right to education other than primary, the recognition of foreign educational certificates,
diplomas and degrees, the exemption from tuition fees and the right to scholarships.
e. The right to have free access to the Courts of the Republic as well as to the exemption from the
requirement to provide guarantee for the judicial expenses.
f. The right to food supply in cases of emergency.
a. The right to public allowance and any other necessary assistance as well as the right to sufficient
medical care for people with special needs such as pregnant women or individuals who have
suffered torture, rape or other kinds of psychological or physical or sexual abuse or minors who
have been victims of mistreatment such as neglect, exploitation, torture and inhuman or
degrading treatment or suffered because of armed conflicts.
b. The right to social insurance.
c. The right to the protection of intellectual property rights.
d. The right to free medical care.
e. The right to participate in adult educational programs that relate to issues of employment,
professional training and internship at work places. - The right to enjoy the same treatment as the one provided to foreigners under the same
circumstances [….] - The right to transfer assets into the Republic of Cyprus according to the relevant laws and
regulations. - The right to express and practice freely religious believes.
- The right to transfer property in the Republic of Cyprus according to the relevant laws and
regulations.
It is important to state that the authorities of the Republic provide the recognized refugee with
documents or certificates which would normally be delivered to them by or through their
national authorities whereas fees may be charged. Also, identity card and travel documents are
issued to a refugee upon receipt, unless reasons for national security and public order disallow it.
Regarding the taxes or fares imposed on refugees, these are not higher than the ones imposed on
nationals.
Family members of a refugee that enter the Republic at the same time or after the refugee can be
reunited with him/her, whereas they have the right to apply for the benefits provided to
recognized refugees.
As a continuance, International Protection – Subsidiary Protection Status as mentioned earlier
hereof, is granted to «any person who is not recognized as refugee but substantial grounds have
been shown for believing that the person concerned, if returned to his/her country of origin,
would face a real risk of being subjected to serious harm and is unable or, due to this risk,
unwilling to avail him/herself of the protection of that country».
Upon the completion of the procedure by the Asylum Service, a decision letter is sent stating that
it has been granted subsidiary protection status. The beneficiary of subsidiary protection status is
entitled to a residence permit of one year subject to extension for as long as this status is
maintained.
A person being granted subsidiary protection status is not deported to his/her country of origin
and the status is maintained until the verification that the grounds which led to granting the
subsidiary protection have ceased or changed to such a degree that such a protection is not longer
necessary.
The subsidiary protection beneficiaries have the following rights:
1) The right to freely move and reside in the territory of the Republic.
2) The right to fair treatment regardless of gender, race, religion, membership in a particular
social group, political opinion or country of nationality.
3) The right to the same treatment as nationals, such as:
a) the right to primary education
b) the right to engage in employed or self-employed professional activities, subject to rules
generally applicable to the profession, the public administration, the recognition of degrees and
remuneration.
The right of all minors to have full access to all levels of education.
The right to education other than primary, the recognition of foreign educational certificates,
diplomas and degrees, the exemption from tuition fees and the right to scholarships.
The right to have free access to the Courts of the Republic as well as to the exemption from the
requirement to provide guarantee for the judicial expenses.
The right to food supply in cases of emergency.
The right to public allowance and any other necessary assistance as well as the right to sufficient
medical care for people with special needs such as pregnant women or individuals who have
suffered torture, rape or other kinds of psychological or physical or sexual abuse or minors who
have been victims of mistreatment such as neglect, exploitation, torture and inhuman or
degrading treatment or suffered because of armed conflicts.
The right to social insurance.
The right to the protection of intellectual property rights.
The right to free medical care.
The right to participate in adult educational programs that relate to issues of employment,
professional training and internship at work places.
The right to engage in employed or self-employed professional activities, subject to the rules
generally applicable to the profession, the public administration, the recognition of degrees and
remuneration,; The state of the labour market may be taken into account, including inter alia for
possible prioritization of access to employment for a time period not exceeding the period set by
a decree issued by the Ministry of Interior upon consultation with the Minister of Labour and
Social Insurance and social partners, and which is published in the official Gazette of the
Republic; The beneficiary of subsidiary protection has access to a post for which he has received
an offer and for a time period which is set in accordance with the relevant laws and regulations
on prioritization in the labour market.
In any case, the interested parties shall have in mind that the first 12 months after the date of
granting the subsidiary protection status the right to employment is limited to the following
sectors:
a. animal husbandry – agriculture-fishery: LABORERS
b. manufacture: LABORERS AT BAKERIES, ANIMAL FOOD, RECYCLING, WOODEN
FURNITURE POLISHERS
c. construction: IRONMONGERS, PATTERN MAKERS, CONSTRUCTION WORKERS
trade and repairs: STAIGHTERS AND PAINTERS OF CARS, CAS STATION WORKERS/
WORKERS AT CAR WASHING STATIONS, FREIGHT HANDLERS OF WHOLESALE
TRADE
d. other activities (i.e. CLEANERS OF BUILDINGS, SANITATION WORKERS, GARBAGE
COLLECTOR).
After this period of time, the beneficiary of subsidiary protection has the same rights to
employment as a refugee which means that s/he receives equal treatment as the citizens of the
Republic as regards to wage-earning employment.
It should also be noted that the benefits granted to a refugee or a beneficiary of subsidiary
protection may be limited in cases in which s/he has been engaged in such activities that his/her
sole or main purpose was to create the necessary conditions to be granted the status.
As with the refugees, the taxes or fares or any other kind of charges imposed on beneficiaries of
subsidiary protections, are not higher than those imposed on nationals.
As far as housing is concerned, there are no special conditions for refugees or beneficiaries of
subsidiary protection, the majority of applicants for international protection find their own place
to live in the private sector, even though high rents make this difficult, especially in the main
cities. The Social Welfare Services assist some applicants to find a place to live and, in a few
isolated cases, accommodate applicants in hotels.
Currently in Cyprus there are 3 reception centers, 2 in Larnaca and 1 in Paphos. Applicants for
international protection are entitled to governmental benefits according to the existing relevant
legislation whereas as regards to pharmaceutical treatment, applicants are entitled to free medical
and pharmaceutical care at all national hospitals, if they have not sufficient funds. All applicants
for international protection are subject to certain compulsory medical examinations as soon as
they file an application and this procedure is necessary in order for the application to be
completed.
Contacts for the Asylum Service-Ministry of Interior
Address:
Asylum Service, Ministry of Interior – Government of Cyprus
70, Arch. Makariou III Ave., Afemia House, 1077 Nicosia, Cyprus.
Telephones: 22445265, 22445272, 22445245, Fascimile: 22302310
For more information you can visit the website of the Asylum Service at:
http://www.moi.gov.cy/moi/asylum/Asylum.nsf