Updated Luxembourg, 28 March 2022
Immigration update: Ukraine crisis and what companies in Luxembourg need to know
Immigration update: Ukraine crisis and what companies in Luxembourg need to know
At a Glance
EU Ministers unanimously agreed to activate the Temporary Protection Directive. The Directive provides a residence permit and access to the labour market in EU Member States, among other protections, for Ukrainian citizens and third-country citizens residing in Ukraine.
The Directive indicates that EU Member States must provide an expedited temporary residence permit valid for up to one year (renewable for up to two years) and access to the labour market (or to self-employment rights), among other protections, to Ukrainian citizens, third country citizen residents in Ukraine and those with refugee status.
A closer look – Situation in Luxembourg
Who can apply?
Temporary protection status is a specific protection status applied at EU level for people who have fled the war in Ukraine. It is available to anyone who was a resident of Ukraine before 24 February 2022 and who arrived in Luxembourg on or shortly before 24 February 2022. It applies to Ukrainian nationals and their family members, but also to nationals of third countries, other than Ukraine, who have resided in Ukraine and who are unable to return to their country or region of origin under safe and durable conditions.
Anyone trying to leave Ukraine or transiting from Ukraine can send an email to the Consular assistance of the Ministry of Foreign and European Affairs: assistance.consulaire@mae.etat.lu or call this number +352 2478 2386.
What to do upon arrival in Luxembourg?
Every displaced person coming from Ukraine and arriving in Luxembourg is kindly asked to make their presence known and to communicate their contact details to the Immigration Directorate of the Ministry of Foreign and European Affairs by using a dedicated form. The form is available in French, English, Russian and Ukrainian and must be sent to the following email address: immigration.desk@mae.etat.lu
With this information, the persons concerned will be contacted by the Immigration Directorate of the Ministry of Foreign and European Affairs and will be invited to an appointment to submit an application for temporary protection. They must come in person at the appointment with their identity documents.
Nationals of third countries other than Ukraine must provide additional documents proving that they had the right of residence in Ukraine on 24 February 2022.
While waiting to be contacted by the Luxembourg authorities to submit an application for temporary protection, people fleeing the war in Ukraine do not need to take any particular steps to stay in Luxembourg.
If the conditions for granting temporary protection are met, a temporary protection certificate is issued. This certificate allows its holder to remain on Luxembourg territory, but does not confer a right of residence in accordance with the legislation on the entry and residence of foreigners.
More information on the temporary protection status can be found on the government website: https://guichet.public.lu/en/citoyens/immigration/ukraine/protection-temporaire.html
What is the validity of the temporary protection?
Temporary protection is granted for an initial period of one year from the date of activation of the mechanism at European level, i.e. until 4 March 2023. The expiry date of the initial term is indicated on the temporary protection certificate.
This initial period may be extended automatically by periods of 6 months for a maximum of one year. The persons concerned will be informed in due course of the terms for extending the validity of their certificate.
Impact
Temporary protection status is an expedited alternative to the asylum process in EU Member States, which includes labour market access and health care rights. Beneficiaries of this status do not need a work permit and are immediately available to the labour market. They can be hired directly under statutory employment contracts (permanent, temporary), subject to the legal provisions of the labour code and can also register as job seekers with the National Employment Agency (Agence pour le développement de l’emploi – ADEM).
Employers wishing to hire beneficiaries of temporary protection can contact the ADEM, Employers Department, directly by phone +352 247 88000 or via email : employeur@adem.etat.lu.
Beneficiaries of temporary protection can also apply for family reunification for their family members who were granted temporary protection in another Member State as well as for their family members who have not yet entered the territory of a Member State.
Children have the right to access the education system under the same conditions as Luxembourg nationals. School attendance is mandatory in Luxembourg between the ages of 4 and 16.
In addition to the above, beneficiaries of temporary protection have access to accommodation, food and clothing, as well as a monthly allowance and access to medical care from the Office national de l’accueil – ONA.
Looking ahead
Fragomen is closely monitoring the situation, and we fully understand the need for considered and timely action. This kind of crisis requires careful and sensitive handling, and our aim is to provide up-to-date immigration insights and guidance
Check our Spotlight page on the evolving situation and firm resources.
Fragomen Contact Luxembourg Practice:
Maud Aupetit
Manager Luxembourg Inbound Practice
Email : maud.aupetit@fragomen.com
