The European Council has reached a political agreement to extend the temporary protection for Ukrainians fleeing the war in Ukraine from 4 March 2024 to 4 March 2025.1
(For prior coverage, see GMS Flash Alert 2022-045, 4 March 2022.)
WHY THIS MATTERS
Subject to such individuals having temporary protection status, they have immediate access to the labour market, along with access to social welfare, accommodation, and other state supports including health-care and education.
Given the extension through March 2025 of temporary protection status, this should give some breathing room and assurance to Ukrainians in the European Union, and their employers, that their status is secure at least through then.
In principle, temporary protection for people fleeing Ukraine will come to an end in March 2025, as the term of this exceptional measure is maximum three years. Determining what comes next is still under discussion.
Background
The European Union’s Directive 2001/55/EC was activated to enable immediate and temporary refuge in the European Union to (mainly, but not restricted) those Ukrainian nationals residing in Ukraine who were displaced on or after 24 February 2022, as a result of the military invasion by Russian armed forces that began on that date.
This Directive applies to the following categories of persons displaced from Ukraine on or after 24 February 2022, as a result of the military invasion by Russian armed forces that began on that date:
a) Ukrainian nationals residing in Ukraine before 24 February 2022;
b) stateless persons, and nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022; and,
c) family members of the persons referred to in points (a) and (b).
For prior coverage, see GMS Flash Alert 2022-051, 9 March 2022.
In March 2022, the Temporary Protection Directive was triggered for the first time by the European Union in response to Russia’s invasion, provided that the Ukrainians fleeing the war meet the eligibility criteria. The temporary protection mechanism was activated on 4 March 2022 and then it was automatically extended by one year.
KPMG INSIGHTS
If employers or individuals have questions regarding temporary protection (who is eligible, what entitlements are available, which are the options post-4 March 2025, how to undertake accessing of available benefits and facilities, etc.) and require further advice and assistance, they should consult with their qualified immigration counsel or they can contact a member of the Immigration and Employment Law team with KPMG in Belgium (see the Contacts section).
FOOTNOTE
1 See Council of the European Union press release dated 29 September 2023 at: https://www.consilium.europa.eu/en/press/press-releases/2023/09/28/ukrainian-refugees-eu-member-states-agree-to-extend-temporary-protection/ .
* Please note that KPMG LLP (U.S.) does not offer immigration services or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Belgium.
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