Immigration
European Union | Temporary Protection Directive to be extended
Summary
On 13 June 2024, the EU Council welcomed the Commission’s proposal to extend the Temporary Protection Directive for another year. This means that the residence and work rights of Ukrainian nationals in the EU are likely to be secured until at least 4 March 2026. The EU Council is yet to formally adopt the relevant proposal and member states will need to implement the extension into national law.
The detail
The Temporary Protection Directive (TPD) was activated on 4 March 2022, in response to the Russian invasion of Ukraine, to provide immediate and temporary protection to those fleeing the conflict. The Directive grants beneficiaries residence rights, access to the labour market of the country where they reside, accommodation, social welfare assistance, medical care, and other forms of support.
In an explanatory memorandum, the Commission concludes that reasons for temporary protection persist and that the TPD should be extended as an appropriate and necessary response to the current situation. With the TPD extension, the Commission aims to provide beneficiaries with access to a set of harmonised rights across the EU while mitigating a possible burden on member states’ asylum systems.
Beneficiaries of the TPD include Ukrainian nationals and, in some member states, specific groups of non-Ukrainian nationals who were residing in Ukraine at the time of the Russian invasion. However it is possible that member states that have granted TPD status to those groups of non-Ukrainian nationals will only extend TPD status for Ukrainian nationals beyond 4 March 2025. This is a result of some member states signalling that they expect that non-Ukrainian nationals should be able to return to their home country.
As a next step, member state representatives of the EU Council are expected to formally adopt the Commission’s proposal. Once the proposal has been formally adopted, member states will be required to implement the extension.
It is advisable for employers to ensure they are aware of the above changes and whether their workforce will be impacted, for example due to the withdrawal of TPD status for certain groups from 4 March 2022.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Sharan Kundi
Partner, Global Immigration Leader
Hugo Vijge
Director, Europe Immigration Advisory Lead
Marijan Vrhovac
Senior Associate
Fabian Gielis
Associate
Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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