3
August
2022

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

Legal migration and integration
Asylum, migration and borders
The information provided gives an overview of selected aspects in national legislation implementing the EU Temporary Protection Directive.
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Overview

It covers the nine EU Member States with the most significant number of displaced persons fleeing the war in Ukraine (as of July 2022), including the four EU Member States bordering Ukraine. The categories 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 European Union Agency for Asylum’s dedicated webpage, with comprehensive booklets and maps.

FRA will regularly update this information. It accompanies FRA’s bulletins on “The War in Ukraine – Fundamental Rights Implications within the EU”.

 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
  • 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 the 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

 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 (meaning the spouse, registered partner, unmarried children and relatives dependent on care and 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

 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
  • 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

 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

[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

 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
  • 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

 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 [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 for Non-Ukrainian third-country nationals .

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 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 (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, 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: 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

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

** 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 their schooling in the Ukrainian system.