12
December
2023

​Fleeing Ukraine: Implementing temporary protection at local levels

Russia’s invasion of Ukraine forced millions of people to flee. Arriving in EU countries, they received protection in EU law under the Temporary Protection Directive. Many have begun to build a new life in their host country and enrich our societies in new ways. Local authorities took the lead in ensuring access to fundamental rights under temporary protection. This report explores the measures to ensure access to housing, education, employment and healthcare in 26 cities and regional authorities across 12 EU Member States. Despite unprecedented coordination and cooperation to overcome challenges, many uncertainties remain. Longer-term solutions will be needed after the directive expires in March 2025. Based on the information collected, the report identifies 12 priority actions and builds on FRA’s bulletins and survey findings on experiences of people displaced from Ukraine.


Austria

Legal basis:

  • Administrative decree of the Federal Ministry of Labour (2022-0.178.109, not published), regulating the granting of employment permits under facilitated conditions for people displaced from Ukraine, is no longer valid since the amendment to the AuslBG, Federal Law Gazette I No. 43/2023, on 21 April 2023. Since then, people displaced from Ukraine who have a temporary right of residence according to the Displaced Persons Ordinance and who have a displaced person’s ID card are generally exempt from the scope of the AuslBG and can take up any employment without permit, that is, under the same conditions as Austrian nationals.

Self-employment: Yes

Vocational training: Yes


Belgium

Legal basis:

  • According to the Royal Decree of 2 September 2018, beneficiaries of temporary protection are authorised to work on condition they are in possession of their residence permit or the document they receive while awaiting the delivery of their residence permit.
  • According to the Royal Decree of 3 February 2003, beneficiaries of temporary protection do not need a professional card to be self-employed in Brussels or Flanders. They are, however, obliged to register at one of the accredited business counters.
  • Law of 9 May 2018 on the occupation of foreign nationals in a special residence situation, in particular its Article 5.1, which entered into force on 24 December 2018
  • Royal Decree of 2 September 2018 implementing the Law of 9 May 2018 on the occupation of foreign nationals in a special residence situation, in particular its Article 10 (6), added by Royal Decree 2022-03-29/05, Article 1, 005, which entered into force retroactively on 4 March 2022
  • Royal Decree of 30 July 2022 amending the Royal Decree of 3 February 2003 exempting certain categories of foreigners from the obligation to hold a professional card in order to exercise a self-employed professional activity, which entered into force on 20 August 2022

Self-employment: Yes

Vocational training: Yes


Czechia

Legal basis:

  • Act No. 221/2003 Coll. on Temporary Protection of Aliens
  • Act No. 66/2022 Sb. on measures in the area of employment and social security relating to the armed conflict within the territory of Ukraine caused by an invasion of the army of the Russian Federation provides for rules on access to the labour market, for instance. It was approved through an accelerated procedure in March 2022, effective as of 21 March 2022, and in place for a limited term until 31 March 2024 (as amended by Act No. 198/2022 Sb., effective as of 30 June 2022, and Act No. 20/2023 Sb., effective as of 24 January 2023). The act was originally introduced for a term of one year and extended for an additional year.
  • Act No. 67/2022 Sb. on measures in the area of education relating to the armed conflict within the territory of Ukraine caused by an invasion of the army of the Russian Federation regulates how individuals can document their education. It was approved through an accelerated procedure in March 2022, effective as of 21 March 2022 and in place for a limited term until 31 August 2024 (as amended by Act No. 199/2022 Sb., effective as of 30 June 2022, and Act No. 20/2023 Sb., effective as of 24 January 2023). The act was originally introduced for a term of one year and extended until 31 August 2024.
  • Act No. 198/2009 Sb., the Anti-Discrimination Act, prohibits any discrimination on the basis of nationality. This act was adopted on 29 June 2009 and is effective as of 1 September 2009.
  • Act No. 262/2006 Sb., the Labour Code, defines the principle of equal treatment concerning all third-country nationals lawfully residing and working in Czechia, and the principle of equal pay for equal work/work of equal value. This act was adopted on 7 June 2006 and is effective as of 1 January 2007.
  • Act No. 435/2004 Sb., the Employment Act, provides rules on the labour offices, including the fact that all jobseekers can use their support. It was adopted on 27 July 2004 and is effective as of 1 October 2004.

Self-employment: Yes

Vocational training: Yes


Estonia

Legal basis:

Self-employment: Yes

Vocational training: Yes


France

Legal basis:

  • Article L 5221-2 of the French Labour Code provides that beneficiaries of temporary protection are authorised to exercise a professional activity, as long as they have the documents and visas required by the international and national legislation in force.
  • Article R581-4 (1 and 2) of the Code of entry and residence of foreigners and right to asylum stipulates that a beneficiary of temporary protection is granted a temporary residence permit, valid for six months (renewable).

Self-employment: Yes

Vocational training: Yes


Germany

Legal basis:

  • Immigration Act of 5 August 2004 (BGBl. I S. 1950), effective as from 1 January 2005

Self-employment: Yes

Vocational training: Yes


Ireland

Legal basis:

Self-employment: Yes

Vocational training: Yes


Italy

Legal basis:

Self-employment: Yes

Vocational training: Yes (access to ‘vocational training or internships in enterprises for temporary protection holders refers to general access for all jobseekers, so there are no special channels or specific opportunities)


Romania

Legal basis:

Self-employment: Yes

Vocational training: Yes


Slovakia

Legal basis:

  • Act on Certain Other Measures in Connection with the Situation in Ukraine, known as the Lex Ukraine, entered into force on 30 March 2022.

Self-employment: Yes

Vocational training: Yes


Sweden

Legal basis:

  • Chapter 21, Section 7, of the Aliens Act states that a person who is granted a residence permit with temporary protection shall be granted a work permit valid for the entire period of temporary protection.

Self-employment: Yes

Vocational training: Yes