Immigration update: the status of Ukrainians in Luxembourg and access to the temporary protection status
At a Glance
The conflict in Ukraine has led to a humanitarian and immigration crisis. The situation in the European countries directly bordering Ukraine is rapidly developing, and concessions have been made at the European borders with Ukraine to ensure that entry is facilitated and not slowed down by red tape.
A closer look – Situation in Luxembourg
Following the EU-wide decision to provide temporary protection to all Ukrainian refugees for an initial period of one year, the process of settling temporarily in any EU country, including Luxembourg, has been made considerably easier. Luxembourg has cut bureaucratic red tape to ensure the process of arriving and getting settled is easier. Anyone who was a resident of Ukraine before 24 February 2022 and who arrived in Luxembourg on or shortly before 24 February 2022 can claim Temporary Protection Status (TPS) in Luxembourg. 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.
The temporary protection status grant them access to social rights, including the right to work, health care and schooling. Beneficiaries of this status do not need a work permit and are immediately available to the labour market (no need to go through labor market testing). 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).
In addition, Ukrainian citizens do not require an entry visa for tourism or business visits in over 65 countries, which can facilitate onward travel.
Upon arrival in Luxembourg, Ukrainian citizens (and nationals of Third countries who were resident in Ukraine before 24 February 2022) can send an email to the immigration authorities via a dedicated form to get an appointment to apply for the temporary protection status (more information can be found here). The person will then be contacted by the Immigration authorities and will be invited to an appointment to apply for temporary protection. It is mandatory to come in person at the appointment with the 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 authorities (they are usually contacted within 2-3 weeks), it is not necessary to take any particular steps to stay in Luxembourg and they can stay in country lawfully.
It is important to note that several future hires holding a Luxembourg employment contract were granted the temporary protection status the day of the appointment with the Immigration authorities and did not have to wait 3-4 weeks to get their certificate. Upon issuance, the temporary protection certificate gives the right to remain in Luxembourg but does not confer a right of residence as per to say in accordance with the legislation on the entry and residence of foreigners. The 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. This initial period may be extended automatically by periods of 6 months for a maximum of one year.
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
