October 2023
Impact: High
Summary
On 19 September 2023 the European Commission proposed to extend the validity of the Temporary Protection Directive (TPD) until and excluding 4 March 2025. This proposal was adopted by member states in the EU Council on 28 September 2023. This means that the TPD will remain effective until at least 4 March 2025, thus securing the rights of protected persons under the Directive for another year.
Background
When Russia invaded Ukraine on 24 February 2022, more than 3 million people left Ukraine according to the figures from the European Commission. In response, the European Union agreed in record time to activate the TPD to support people who left Ukraine. The TPD entered into force on 4 March 2022 and was valid for 1 year initially. It offered immediate protection to Ukrainian nationals and a clear legal status in each Member State of the European Union.
After an initial extension until 4 March 2024, EU member states have now agreed to extend the TPD by another year until and excluding 4 March 2025. This ensures the rights of Ukrainian nationals under the TPD continue to be protected, including the right to reside, work and study in the member state where they have applied for protection. However, it is relevant to note that member states have discretion in respect of issuance of residence documents or proof of rights. Also, some member states have applied restrictions on TPD applicability, for example excluding non-Ukrainian nationals who had a residence permit in Ukraine before the TPD took effect.
How we can help
Feel free to reach out to your Vialto Partners contact for more information on this extension of the TPD, or for guidance on the actions employers should take when employing individuals who are protected under the TPD.
Vialto Partners will continue to closely monitor developments.
Contact us
For further details on the above, please do reach out to your usual Vialto Partners contact or alternatively contact
● Raj Mann, Director, Global Immigration Advisory Lead, raj.x.mann@vialto.com
● Hugo Vijge, Director, Europe Immigration Advisory Lead, hugo.vijge@vialto.com
● Nini Braken-Zheng, Senior Immigration Advisory Associate, nini.braken-zheng@vialto.com
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