A Ukrainian family of five that fled the war could soon be split because of Malta’s decision to only grant temporary protection to those who left Ukraine from February 24 onwards.

On February 19, just days before Russia invaded Ukraine, Anatoliy Yushchenko and his wife decided to take their two grandchildren out of the country as it became clear war would soon erupt. Their daughter, the mother of the two children, initially stayed in Ukraine but left nine days later.

After two weeks in France, a move they had to do to avoid Malta’s two-week quarantine rule, the family arrived here.

The couple, who are retired, own a property in Malta and have holidayed on the island for years.

Upon the daughter’s arrival, the family applied for temporary protection, an EU measure in place which provides immediate protection to those who cannot return home. However, they soon learned that while the children and their mother would be granted temporary protection, Yushchenko and his wife would not.

The decision was taken on the grounds that the mother left Ukraine after February 24 while Yushchenko and his wife left before.

“We all lived together in Kyiv. All we are asking for is a legal stay here (temporary residence permit for the period of war in Ukraine), a school for the children, maybe healthcare, and to have access to employment for our daughter because she is the only person in our family who is of age to work... that’s it,” Yushchenko said.

On Monday, Times of Malta revealed that Malta is refusing to grant temporary protection status to Ukrainians who fled their country just before February 24, despite strong European Commission advice to do so.

The decision is forcing people to live on the island in limbo and has also led to some being told they might want to consider going back to the war-torn country for a short period to secure temporary protection upon their return here.

Although EU law states that such a status should be granted to those who fled Ukraine on or after February 24, separate European Commission guidelines urge member states to consider also issuing temporary protection to those who left just before the invasion.

“International protection was the only option offered to me and my wife to stay legally in Malta. We asked the International Protection Agency for a written explanation behind their decision, especially since they will be splitting up the family by declining our application,” Yushchenko said.

Instead, the retired couple received a note – a standard one sent to other applicants in a similar situation and seen by Times of Malta – informing them they would not be granted temporary protection because of the February 24 cut-off date.

“They took from us the only reason we left Ukraine three days before the war – our grandchildren who have been given temporary protection with their mother. But we have been left behind,” Yushchenko said

“Let me stress, this is a problem not for my wife and me only. This is a problem for all five of us... we are a family.”

Other Ukrainians in a similar position echoed Yushchenko’s frustration, telling Times of Malta the decision, which is believed to impact some 15 people, is causing them anxiety and worry.

And like the others in his situation, Yushchenko and his family are not interested in a long-term stay but are only on the island while the war rages on.

“We even have return tickets which we bought before coming here thinking we would be able to return to Ukraine after a few weeks.  If we apply for international protection, as they’re telling us to do, we will be without passports, we will not have a right to travel or to go to a bank etc,” he said.

“I don’t understand why the International Protection Agency and the Maltese authorities are trying to make us refugees.”

Meanwhile, the Malta Refugee Council confirmed that the authorities’ decision is a final one and calls by the council to reconsider the position have all been ignored.