Who is concerned

Temporary protection is applicable to displaced persons from Ukraine since 24 February 2022 as a result of the military invasion by the Russian armed forces that began on that date, and who fall into one of the following categories:

• Ukrainian nationals residing in Ukraine before 24 February 2022;
• stateless persons, and nationals of third countries other than Ukraine, who were granted international protection or equivalent national protection in Ukraine before 24 February 2022;
• family members of the persons referred to in points 1. and 2., irrespective of the nationality of the family members. The following are considered family members insofar as the family was already present and residing in Ukraine before 24 February 2022:

1. a person’s spouse;
2. the unmarried minor children of the persons referred to in points 1. or 2., or their spouse, whether they are legitimate, born out of wedlock or adopted;
3. other close relatives who were living in the family unit at the time of the circumstances surrounding the mass influx of displaced persons and who were wholly or mainly dependent on a person referred to in points 1. or 2.;

• stateless persons and nationals of third countries other than Ukraine, who can prove that they were legally residing in Ukraine before 24 February 2022 on the basis of a valid residence permit issued in accordance with Ukrainian law, and who are unable to return to their country or region of origin in safe and durable conditions.

Where and Formalities

All displaced persons arriving in Luxembourg from Ukraine are requested to contact the Immigration Directorate of the Ministry of Foreign and European Affairs by submitting their personal details on a form.

https://maee.gouvernement.lu/dam-assets/services-aux-citoyens/ukraine/Formulaire-donnees-personnelles-ENGLISH.pdf

With this information, the persons concerned will be contacted and invited to an appointment for the purpose of submitting an application for temporary protection. At the appointment, they must be present in person 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.

The persons concerned should not spontaneously present themselves at the Immigration Directorate but only by appointment. It is not necessary to contact the Immigration Directorate to request such an appointment as they will be allocated by the Immigration Directorate on an ad hoc basis, to anyone who has notified their presence using the above-mentioned form.

When the application for temporary protection is submitted, the personal data of the applicant will be recorded. The conditions for granting temporary protection are also checked by the Immigration Directorate and identity checks are carried out by the Grand Ducal Police.

Persons coming from Ukraine must report to the local administration of their place of residence in Luxembourg to make a declaration of arrival, at the latest after having obtained temporary protection status.

They will undergo a medical and social check-up, after obtaining the temporary protection status from the Ministry of Foreign and European Affairs.

This check-up is organised by the Directorate of Health. They will automatically get an appointment. It is not necessary to make that appointment or to contact the Directorate of Health.

More details : https://guichet.public.lu/en/citoyens/immigration/ukraine/protection-temporaire.html

 

Kind of admission

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

• Temporary protection is granted in a first phase 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.

 

Reception and accommodation

(see social protection below for further details)

Beneficiaries of temporary protection have access to the material reception conditions of the National Reception Office (Office national de l’accueil – ONA), including accommodation, food and clothing, as well as a monthly allowance and access to medical care.

The government has set-up a center for an initial reception in order to host persons fleeing the war in Ukraine. This emergency reception center, accessible 24/7, is situated at the SHUK (Structure d’hébergement d’urgence au Kirchberg), 11, rue Carlo Hemmer in Luxembourg-City. The center will provide shelter during the first couple of days, as well as food and items of primary necessity, for people wishing to request temporary protection in Luxembourg, but also for those intending to continue onwards to another European country.

Pets are allowed at the initial reception center, where a special area has been set up for them. The Administration of Veterinary Services will ensure the regularization of the animals at the emergency accommodation structure. The practical arrangements to this end are in the process of being put in place.

 

Right to stay & formalities

• See above

 

Allowance for temporary protection

( I believe that is the meaning, they are not asylum seekers)

• See above and below

 

Social protection formalities

A beneficiary of temporary protection (BTP) is entitled to material assistance from the National Reception Office (“Office national de l’accueil”, ONA) provided he/she does not have sufficient means of subsistence nor any support from a private individual. The prerequisite for receiving this assistance is to be in possession of a temporary protection certificate issued by the Directorate of Immigration of the Ministry of Foreign and European Affairs.

The assistance is granted by the ONA in kind, in cash or in the form of vouchers.

The assistance is granted to the entitled beneficiary throughout his temporary protection. It is fixed according to the composition of the household, the age of the household members and the financial resources available to the beneficiary of temporary protection.

The beneficiary of temporary protection is entitled to stay in an ONA accommodation facility.

The beneficiary of temporary protection may also choose to live in private accommodation, with family or friends. In this case, the BTP receives the same material assistance as a beneficiary of temporary protection living in an ONA accommodation facility in which meals are not provided:

• Monthly allowance;
• Food assistance (monthly);
• Clothing assistance (bi-annual);
• Assistance with school supplies (annual);
• Access to medical care and coverage of related expenses.

The above assistance can be supplemented on a needs basis by aid for hygiene products or specific food items such as for the feeding of young infants.

IMPORTANT

• The beneficiary of temporary protection must inform the ONA without delay about any change regarding his financial situation. If he/she has an income, the ONA’s material assistance will be reassessed according to the financial situation.
• The end of the temporary protection will also imply the end of the material reception conditions by the ONA.
• For privately housed individuals, the material conditions will be assigned directly and exclusively to the BTPs and not to the host family that privately houses them.

 

Schooling

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. Information on the schooling of children is available from the Ministry of Education, Children and Youth (Ministère de l’Éducation nationale, de l’Enfance et de la Jeunesse – MENEJ).

 

Access to employment market & self-employment

• Beneficiaries of temporary protection are exempted from applying for a temporary work permit and can therefore freely access the Luxembourg labour market without the need for a specific permit, for as long as their temporary protection certificate is valid. The persons concerned 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: +352 247 88000 ; email : employeur@adem.etat.lu
• Beneficiaries of temporary protection granted by Luxembourg have the right to exercise a self-employed activity in Luxembourg, as long as they reside in Luxembourg and as long as their temporary protection certificate is valid

 

Family reunification

Beneficiaries of temporary protection may apply for family reunification with their family members who were granted temporary protection in another Member State as well as with their family members who have not yet entered the territory of a Member State.