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31
Oktober
2022

National legislation implementing the EU Temporary Protection Directive in selected EU Member States (October 2022 update)

The table below gives an overview of certain key aspects in national legislation implementing the EU Temporary Protection Directive.
Overview

The table below covers the 16 EU Member States with the most significant number of displaced persons fleeing the Russian war of aggression in Ukraine (as of October 2022), including the four EU Member States bordering Ukraine. The categories of the overview are drawn from the European Commission’s Operational guidelines for the implementation of Council Implementing Decision 2022/382. The guidelines aim to help EU Member States with their most pressing questions when implementing the EU Temporary Protection Directive (2001/55/EC).

For more detailed information on the national implementation measures across the EU governing temporary protection, see the dedicated webpage – with comprehensive booklets and maps – of the European Union Agency for Asylum.

FRA will regularly update this overview table.

 Bulgaria

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals residing in Ukraine before 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent protection in Ukraine before 24 February 2022
  • Family members of the above two categories
  • Non-Ukrainian third-country nationals and stateless persons with permanent residence in Ukraine before 24 February 2022 whose return to the country of origin is unsafe

Registration of people, including fingerprinting: Yes, without fingerprinting

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see the section on temporary protection of the national web portal for people fleeing the war in Ukraine.

Specific support measures for unaccompanied children: Yes

For more information, see the section on unaccompanied children of the national web portal for people fleeing the war in Ukraine.

Provision of information: Yes

See also the dedicated portal 'Bulgaria for Ukraine' provided by the government.

Legal basis and entry into force of national implementing measures

 Croatia

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals and their family members
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent protection in Ukraine before 24 February 2022
  • Ukrainian nationals and their family members who fled immediately before 24 February 2022 due to the security situation and cannot return to Ukraine due to the war

Registration of people, including fingerprinting: Yes. Fingerprinting only those above the age of 12 who are undocumented and all unaccompanied children

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see accommodation, employment, education and healthcare

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the website ‘Croatia for Ukraine – Rights and obligations of beneficiaries of temporary protection’ run by the Ministry of the Interior.

Legal basis and entry into force of national implementing measures

 Czechia

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals residing in Ukraine before 24 February 2022
  • Ukrainian nationals who entered Czechia legally without a visa or with a short-stay visa before 24 February 2022 and still legally residing there
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection in Ukraine before 24 February 2022
  • Family members of the above three categories (meaning the spouse, registered partner, unmarried children and dependant relatives living in the family)
  • Non-Ukrainian third-country nationals legally staying (e.g. with visa) in Ukraine before 24 February 2022 and who can prove that their return to their country of origin is not possible due to threat of imminent danger

Registration of people, including fingerprinting: Yes, without fingerprinting

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see the government’s dedicated webpage.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the dedicated website of the Ministry of the Interior on Information for Ukrainian Citizens.

Legal basis and entry into force of national implementing measures

 France

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals residing in Ukraine before 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection in Ukraine before 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons holding a valid permanent residence permit issued by Ukrainian authorities whose return to the country of origin is unsafe
  • Family members of the above three categories who displaced after 24 February 2022 (meaning the spouse, unmarried minor children, and dependent relatives)

[Ukrainian nationals already holding a residence permit in France on 24 February 2022, which is about to expire, are to contact the prefecture to have their individual situation assessed.]

Registration of people, including fingerprinting: Yes, without fingerprinting

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

[but residence permit only valid for six months, renewable as long as the Council of the EU has not taken a decision to end the application of the temporary protection for the situation in Ukraine.]

For more information, see accommodation, employment, education, and healthcare.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the dedicated portal on the website of the Ministry of the Interior, including the FAQ for displaced persons from Ukraine.

Legal basis and entry into force of national implementing measures

  • Law No. 2003-1116 of 26 November 2003 on immigration management, the stay of foreigners and nationality (incorporating Articles L.581-1 to L.581-10 to the Code of Entry and Stay of Aliens and Right of Asylum (CESEDA)) (1 January 2004)
  • Government instruction regarding the application of the temporary protection for Ukrainian nationals (10 March 2022)
 Germany

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals residing in Ukraine before 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent national protection in Ukraine before 24 February 2022
  • Family members (as defined in the Council Implementing Decision) of the above two categories
  • Non-Ukrainian third-country nationals with permanent residence in Ukraine before 24 February 2022 whose return to the country of origin is unsafe
  • Non-Ukrainian third-country nationals who were legally residing in Ukraine on 24 February 2022 for more than a temporary short stay and whose return to the country of origin is unsafe
  • Ukrainian nationals already residing in Germany before 24 February 2022 with a residence permit under certain conditions (e.g. residence permits that will soon expire)
  • Ukrainian nationals having fled Ukraine shortly before 24 February 2022 or having stayed in another EU Member State shortly before that date (e.g. on holiday or on business)

Registration of people, including fingerprinting: Yes

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see accommodation, employment, and healthcare

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the Federal Ministry of the Interior information portal ‘Germany 4 Ukraine’ and the Federal Office for Migration and Refugees website.

Legal basis and entry into force of national implementing measures

 Greece

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals residing in Ukraine and fleeing after 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent national protection in Ukraine before 24 February 2022
  • Family members (as defined in the Council Implementing Decision) of the above two categories, provided that the family resided in Ukraine before 24 February 2022
  • Those in the above three categories who fled Ukraine 90 days before the outbreak of the war (after 26 November 2021) as tensions increased; or who found themselves in the EU (e.g. on holidays or for work reasons) just before 24 February 2022 and, as a result of the war, cannot return to Ukraine

Registration of people, including fingerprinting: Yes. Fingerprinting applies to those older than six years of age.

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: No

For more information, see accommodation, employment, education, and healthcare.

Specific support measures for unaccompanied children: Yes

For more information, see the dedicated section on unaccompanied children of the website of the Ministry of Migration and Asylum.

Provision of information: Yes

See also the dedicated portal provided by the Ministry of Migration and Asylum.

Legal basis and entry into force of national implementing measures

  • Law No. 4939/2022 (GG A’111/10 June 2022) on Ratification of Code of Legislation on the reception, international protection of third-country nationals and stateless persons and temporary protection in the event of a mass influx of displaced persons, Articles 119-144 (10 June 2022)
    [this law incorporated the provisions of P.D. 80/2006 (GG A’82) which transposed into national law the Temporary Protection Directive]
  • Decision of the Minister of Migration and Asylum (No. ΡΠ1146ΜΔΨΟ-ΩΙ4) on the implementation of temporary protection of P.D. 80/2006 due to mass influx of displaced person from Ukraine
    (4 March 2022 – but applied retroactively from 24 February 2022)
  • Ministerial Decision No. 172172/28.03.2022 specifying the procedure for granting temporary protection (GG B’1462) (28 March 2022)
 Hungary

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals fleeing after 24 February 2022 (including Hungarian-Ukrainian dual nationals mainly living in Zakarpatska Oblast)
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent national protection in Ukraine before 24 February 2022
  • Family members (as defined in the Council Implementing Decision) of the above two categories

[Non-Ukrainian third-country nationals with permanent residence in Ukraine before the war only receive a ‘certificate for temporary stay’ (ideiglenes tartózkodasra jogosító igazolás)– valid for 30 days and subject to prolongation up until six months]

Registration of people, including fingerprinting: Yes. No registration for Hungarian-Ukrainian dual nationals; fingerprinting applies only to those older than 14 years of age.

Access to core rights after granting temporary protection: 

  • Access to labour market: No*
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see Ukran2022.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

Also available online on the web page of the National Directorate-General for Aliens Policing.

Legal basis and entry into force of national implementing measures

[amended sectorial legislation and by-laws are not reproduced here]

 Italy

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals residing in Ukraine before 24 February 2022
  • Non-Ukrainian third-country nationals and stateless people enjoying international protection or equivalent national protection in Ukraine before 24 February 2022 displaced after that date
  • Family members (as defined in the Council Implementing Decision) of the above two categories
  • Non-Ukrainian third-country nationals with permanent residence in Ukraine before 24 February 2022 whose return to the country of origin is unsafe

Registration of people, including fingerprinting: Yes

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see the website Ukraine emergency and information for students arriving from Ukraine.

Specific support measures for unaccompanied children: Yes

For more information, see the plan adopted by the Commissioner for the coordination of assistance to unaccompanied children from Ukraine.

Provision of information: Yes

See also the Ministry of the Interior page on ‘Useful information for the entry of Ukrainian refugees to Italy’.

Legal basis and entry into force of national implementing measures

 Latvia

People eligible for the EU Temporary Protection Directive

  • ‘Ukrainian civilians’ leaving Ukraine or who are unable to return to Ukraine due to the armed conflict caused by Russia​​​​​

‘Ukrainian civilians’ are:

  • Ukrainian nationals and their family members;
  • persons with a permanent residence permit, stateless status or international protection status in Ukraine and their family members

Registration of people, including fingerprinting: Yes. Only those are fingerprinted who applied for a residence permit.

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes**

For more information, see accommodation, employment, education, and healthcare.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the dedicated government platform, and the Ministry of the Interior ‘Support for Ukraine’ page, including videos on procedures.

Legal basis and entry into force of national implementing measures

 Lithuania

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals residing in Ukraine before 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent national protection in Ukraine before 24 February 2022 displaced after that date
  • Family members (as defined in the Council Implementing Decision) of the above two categories
  • Non-Ukrainian third-country nationals with permanent residence in Ukraine before 24 February 2022 whose return to the country of origin is unsafe
  • Those who temporarily left Ukraine not earlier than 24 January 2022 and were legally staying in the EU or in a third country when they fulfilled the conditions set out in the Council Implementing Decision and entered Lithuania before 1 May 2022

Registration of people, including fingerprinting: Yes

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes**

For more information, see accommodation, employment, education, and healthcare.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the government’s dedicated page and the Migration Department web portal providing information on general services, health care, work, schooling, and psychological support.

Legal basis and entry into force of national implementing measures

 Poland

People eligible for the EU Temporary Protection Directive

EU temporary protection:

  • Ukrainian nationals fleeing after 24 February 2022 [obtaining an identification number in the electronic civil registry (PESEL number) upon registration]
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection in Ukraine before 24 February 2022
  • Family members (as defined in the Council Implementing decision) of the above two categories [spouses of Ukrainian nationals also obtain a PESEL number upon registration]
  • Non-Ukrainian third-country nationals with permanent residence in Ukraine before the war, whose return to the country of origin is unsafe

National protection scheme:

  • Ukrainian nationals (and their spouses) coming from Ukraine before 24 February 2022
  • Other people within the meaning of Article 2 (1) (b)-(c) of the Council Implementing Decision can receive temporary protection under the 2003 Act on granting protection to foreigners

Registration of people, including fingerprinting: Yes. Fingerprinting only applies to those issued a PESEL number.

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see employment, healthcare, and education.

Specific support measures for unaccompanied children: Yes***

See also a leaflet informing unaccompanied children about the risks of human trafficking.

Provision of information: Yes

The government launched the Website for citizens of Ukraine, and another website for non-Ukrainian third-country nationals.

Legal basis and entry into force of national implementing measures

 Portugal

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals fleeing the war
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent national protection in Ukraine coming from that country and unable to return there as a result of the war
  • Family members of the above two categories (including spouse or unmarried partners and relatives)
  • Non-Ukrainian third-country nationals and stateless persons who are permanent residents in Ukraine or possess a temporary residence permit whose durable return to the country of origin is unsafe
  • Non-Ukrainian third-country nationals and stateless persons who are in possession of a long-stay visa and whose durable return to the country of origin is unsafe

Registration of people, including fingerprinting: Yes

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see employment, healthcare, and education.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the government information portal “Portugal for Ukraine” and the dedicated hub listing all available sources of information from different authorities..

Legal basis and entry into force of national implementing measures

 Romania

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals (including those who arrived before 24 February 2022)
  • Non-Ukrainian third-country nationals and stateless persons enjoying international protection or equivalent national protection in Ukraine before 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons who were permanent residents in Ukraine before 24 February 2022 and whose return to the country of origin is unsafe
  • Family members of the above three categories as per the Council Implementing Decision (excluding unmarried partners)

Registration of people, including fingerprinting: Yes, without fingerprinting, only facial image captured

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes****
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see employment, healthcare, and education.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

Also available online on the General Inspectorate for Immigration web page.

Legal basis and entry into force of national implementing measures

[other ministerial instructions and emergency ordinances not listed here.]

 Slovakia

People eligible for the EU Temporary Protection Directive

Ukrainian nationals and their non-Ukrainian relatives, specifically:

  • wife/husband of Ukrainian nationals
  • minor children of Ukrainian nationals or minor children of their spouse
  • parents of a minor child, who is a Ukrainian national
  • dependent members of their households

Non-Ukrainian nationals who were granted:

  • permanent residence in Ukraine before 24 February and whose return to the country of origin is unsafe
  • international protection in Ukraine before 24 February 2022 and their family members residing in Ukraine before 24 February 2022

Registration of people, including fingerprinting: Yes. Fingerprinting applies only to non-Ukrainian third-country nationals and stateless persons.

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: No

For more information, see employment, healthcare, and education.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the government information portal for Ukrainians entering Slovakia.

Legal basis and entry into force of national implementing measures

 Spain

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals having legally stayed in Spain before 24 February 2022, who, as a result of the armed conflict, cannot return to Ukraine
  • Non-Ukrainian third-country nationals and stateless persons who legally resided in Ukraine on the basis of a valid residence permit (whether permanent or otherwise) and who cannot return to their country of origin
  • Family members of the above two categories (including spouses and unmarried partners, minor unmarried children; and other close relatives living together as part of the family unit and completely or mainly dependent on them)
  • Ukrainian nationals who were in an irregular situation in Spain before 24 February 2022 and who, as a result of the armed conflict, cannot return to Ukraine

Registration of people, including fingerprinting: Yes

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see employment, healthcare, and education.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the Ministry of the Interior's dedicated page on temporary protection of displaced persons from Ukraine.

Legal basis and entry into force of national implementing measures

 Sweden

People eligible for the EU Temporary Protection Directive

  • Ukrainian nationals who were residing in Ukraine prior to 24 February 2022
  • Non-Ukrainian third-country nationals and stateless persons enjoying refugee status or subsidiary protection in Ukraine before 24 February 2022
  • Family members of the above two categories (as defined in the Council Implementing Decision)
  • Persons who travelled to Sweden during the period from 30 October 2021 to 23 February 2022 and who continued to stay, if they fall under any of the categories specified in Article 2(1)-(2) of the Council Implementing Decision

Registration of people, including fingerprinting: Yes

Access to core rights after granting temporary protection: 

  • Access to labour market: Yes
  • Access to education: Yes
  • Access to healthcare: Yes
  • Access to social housing: Yes

For more information, see accommodation, employment, education, and healthcare.

Specific support measures for unaccompanied children: Yes

Provision of information: Yes

See also the dedicated webpage of the Swedish Migration Agency.

Legal basis and entry into force of national implementing measures

  • Act (1994:137) on the reception of asylum seekers and others (1 July 1994)
  • Aliens Act (2005:716) of 29 September 2005, Chapter 21 (31 March 2006)
    [this law’s relevant provisions were automatically activated with the Council Implementing Decision]
  • Government Regulation SFS 2022:256 of 7 April 2022 expanding the categories of persons eligible for temporary protection (26 April 2022)

* Access to labour market – under same conditions as non-EU nationals [work permit needed], with some exceptions for healthcare workers.

** Free of charge accommodation is provided for the first 120 days in Latvia.

*** Special support measures for unaccompanied children fleeing the war from Ukraine are only partially in place in Poland.

**** Access to education includes both the Romanian national education system as well as the possibility to continue schooling in the Ukrainian system.