Ukrainian migration policies of European countries
Different European countries are adopting different policies towards displaced Ukrainian migrants, and these regulations are rapidly evolving. We summarize the development of these policies as it occurs.
European Union
European Council Decision
On 4 March 2022, the European Council implemented a decision to introduce temporary protection measures in response to the expected mass influx of people fleeing Ukraine. Ukrainian nationals residing in Ukraine on or before 24 February are offered temporary protection in EU member states for an initial period of one year, extendable automatically by six-monthly periods up to one additional year. This measure also applies to third-country nationals and stateless persons benefiting from international protection in Ukraine, third-country nationals and stateless persons with permanent residence permits issued in accordance with Ukrainian law who are unable to safely return to their countries of origin, as well as both their and Ukrainian nationals’ family members. Individual member states may also apply this measure to other third-country nationals and stateless persons residing legally in Ukraine, including short-term students and workers.
Sources: European Council press release, Implementing decision
Cohesion Policy Funds
On 8 March 2022, the European Commission adopted a proposal to provide emergency support to people fleeing Ukraine. Member states will be able to draw on resources from existing EU Cohesion Policy funds for any types of measures to support people fleeing Ukraine, as well as to seek retroactive EU support for any spending designed to help these people.
Sources: European Commission press release
Austria
The European Council decision on 4 March 2022 activated a paragraph for displaced persons in the Austrian Asylum law. Refugees of Ukrainian nationality, their family members, and individuals with refugee status in Ukraine are entitled to an ID card for displaced persons and the right to work, education, healthcare, and certain financial benefits without application. Other refugees or third-country nationals fleeing Ukraine, such as exchange students or guest workers, are only entitled to enter the country without a visa but need to apply for asylum status.
Sources: Home office press release, Regulation
Denmark
As of 17 March 2022, Denmark is granting temporary protection to individuals and their family members that were either Ukrainian citizens or individuals with refugee status in Ukraine. A prerequisite is that the individuals resided in Ukraine prior to 24 February 2022.
Individuals can apply for protection valid until 17 March 2024 with the possibility of an extension of an additional year. During the application process applicants have the right to live in asylum centers or to arrange private living arrangements. Individuals with temporary protection status have the right to work, access to welfare benefits as well as access to the Danish educational and health care system. Individuals will also have access to language training.
When Ukrainians are granted temporary protection, they will be allocated to a municipality that will make housing available. The assignment process will consider preferences of the assignee but will aim to achieve an equal distribution of Ukrainians across municipalities.
Sources: Legislation
Germany
As a result of the European Council’s decision of 4 March 2022, Germany’s law for granting residence under temporary protection immediately began applying to the people fleeing Ukraine mentioned in the decision (see “European Council Decision” above). It allows persons displaced from Ukraine to enter Germany legally and unbureaucratically. In particular, they will not need to apply for asylum, with the Ministry explicitly recommending that they do not submit an asylum application at this time. Instead, they may apply for a temporary residence permit, with their legal residence status while they await the receipt of their permit ensured by a separate ordinance by the Federal Ministry of the Interior and Community.
Persons displaced from Ukraine who have been issued such a temporary residence document by one of the regional immigration authorities (Auslaenderamt) are permitted to undertake any kind of employment in Germany.
At these same immigration authorities, these displaced persons can also register to receive social welfare and medical assistance. From 1 June 2022 onwards these benefits will be provided under the Social Code rather than the Asylum Seekers Benefits Act, which include higher monthly transfers (e.g. in case of a single adult, an increase from €367 to €449) as well as free public health insurance.
Sources: Government FAQ
Italy
On 28 February 2022, the Italian government signed a decree containing urgent measures to tackle the Ukrainian crisis aimed mostly at reducing red tape and strengthening the refugee reception infrastructure. Ukrainian refugees are not required to have formally applied for asylum with the Italian authorities. The capacity of the overall reception system has also been increased. Ukrainian refugees will be hosted mostly in the CAS (Centri di Accoglienza Straordinaria - Extraordinary Reception Centres), where 5,000 additional places have been made available. 3,000 additional places have been opened in the SAI (Sistema di Accoglienza e Integrazione - Reception and Integration System). A previous 5,000 places at the CAS, originally reserved to Afghan refugees, have been extended to Ukrainian refugees. Refugees hosted at the CAS and SAI are provided with food, accommodation, healthcare, social and psychological support, and Italian language courses. In addition, a €500,000 fund has been set up to finance support measures for Ukrainian students, researchers and lecturers. The aim is to enable them to carry out their activities at Italian universities and research bodies.
On 21 March 2022, new measures have been introduced to enhance the refugee reception system. The capacity has been increased to host further 15,000 people, in collaboration with local authorities and the voluntary sector and in addition to the places already available in the CAS and SAI. The decree also allocates financial resources to cover three months of subsidies (not specified) for 60,000 people who have found accommodation independently, as well as access to public health services for 100,000 refugees. The government also eased the process of recognition of professional qualifications for Ukrainian doctors and nurses who lived in Ukraine before 24 February.
Sources: 24 February Decree, March 21 Decree
Norway
As of 16 March 2022, Norway is granting Temporary Protection to individuals and their family members that were either Ukrainian citizens, or individuals with refugee status or subsidiary protection in Ukraine. A prerequisite is that the individual resided in Ukraine before 24 February 2022. Individuals can apply for protection valid for up to a year, with the possibility of extension for up to three years. Individuals with Temporary Protection have the right to work and are entitled to schooling for children and healthcare. Individuals aged 18-55 are entitled (and obliged) to participate in national free Norwegian language courses for immigrants. Individuals have the right to also apply for asylum at a later stage. The scheme of collective protection may be discontinued if Ukraine becomes a safe country again.
Sources: Application page, FAQ
Poland
Initial Crossing Policy
As of 3 March 2022, the Polish government was allowing all foreigners fleeing Ukraine to enter Poland for up to 15 days, regardless of Ukrainian nationality and whether or not they had legally required documents such as visas. Crossing the border from Ukraine was subject only to the presentation of a document confirming identity, even one of expired validity. Women and children, as well as disabled, sick, and wounded people were being given priority at border crossings over students amid the long queues. By the 3rd of March, nationals from more than 120 countries had already crossed the border from Ukraine into Poland.
Sources: Government press release
Special Act
On 8 March 2022, the Polish government adopted a special act to grant Ukrainian citizens fleeing Ukraine the right to legal residence in Poland for 18 months, with the possibility of extension. It also made it possible for Ukrainian citizens to apply for and obtain a national identification number, after which they will be able to gain access to public services in Poland. Other measures include allowing Polish firms to hire Ukrainian citizens for work subject only to notifying their local labour office, offering Ukrainian citizens a one-off cash benefit of PLN 300 (~£50) subject to appropriate registration, and offering special services to children from Ukrainian orphanages arriving in Poland.
Sources: Government press release
Spain
Following the European Council’s decision of 4 March 2022, Spain is allowing free entry of refugees from Ukraine with a biometric passport. Those without a biometric passport or other form of travel documentation are being asked to seek assistance in a consular office in a country bordering Ukraine. Ukrainian nationals, in addition to third-country nationals or stateless persons residing legally in Ukraine, fleeing Ukraine and entering Spain under the temporary protection scheme have the right to reside, work, study, and access healthcare for a year, extendable to three years, without the need to request asylum.
In addition to these rights, those who have been displaced from Ukraine from the 24 February 2022 as a consequence of the Russian invasion and those who were already in Spain and are unable to return to Ukraine can seek access to the Asylum Seeker Scheme. The Minister of Inclusion, Social Security and Migrations has announced the availability of 12,000 places in reception centres for asylum seekers and has made a commitment to increase this number as needed. The Asylum Seeker Scheme applies to Ukrainian nationals but also to other nationals that have been long-term residents (longer than 5 years) in Ukraine along with their families. Protection also applies to those Ukrainian nationals who were in Spain as undocumented immigrants, but not to their families.
Sources: Government FAQ, Ministerial tweet
Sweden
Following the European Council decision on 4 March 2022, Sweden is granting Temporary Protection to individuals and their family members that were either Ukrainian citizens or individuals with refugee status or subsidiary protection in Ukraine. Individuals can apply for temporary protection status valid until 4 March 2023 and are entitled to housing, schooling for children, urgent healthcare, the right to work, and certain financial support but no right to participate in national free Swedish language courses for immigrants. Individuals have the right to also apply for asylum at a later stage. Moreover, deportations to Ukraine have been temporarily halted.
Sources: Migration agency information page, Migration agency FAQ
Switzerland
Following the European Council decision on 4 March 2022, Switzerland grants temporary Protection Status S to all fleeing Ukrainian citizens and their families who were resident in Ukraine before 24 February 2022 as well as persons of other nationalities and stateless persons and their families with residence right or asylum status in the Ukraine. The Protection Status S is granted for a year and renewable. Recipients are allowed to work and receive financial support. Moreover, deportations to the Ukraine have been temporarily halted.
Sources: Swiss State Secretariat for Migration
United Kingdom
As of 15 March 2022, the UK is receiving people fleeing from Ukraine under a number of different migration schemes, depending on the level of existing ties an applicant has to the UK. For now, the UK has assessed Ukraine to be able to protect its citizens for the purposes of asylum claims. However, each individual asylum case is in principle assessed on merit.
Family Scheme
Ukrainians with extended family in the UK can apply for a visa with waivers for the usual requirements regarding income and language proficiency. Effectively, this enables the extended family (immediate family, parents, grandparents, adult children, or siblings) of British nationals or individuals settled in the UK to enter the UK from Ukraine. However, those in the extended family of individuals in the UK who do not have permanent residency (i.e. are not “settled”), such as those on time-limited student or work visas, do not qualify under this scheme.
“Homes for Ukraine” Sponsorship Scheme
For those without the family ties necessary to qualify for the Family Scheme, the government has announced a new scheme allowing communities, private sponsors, or local authorities to sponsor Ukrainian individuals to come to the UK. Any Ukrainian national or their immediate family who were resident in Ukraine prior to 1 January 2022 are eligible to apply. There is no pre-defined cap to this scheme and as many Ukrainians as can be matched to sponsors will be able to qualify through this route; furthermore, they will initially be granted leave for 3 years and get immediate access to public services and the labour market. Those wanting to be sponsors can apply from 14 March, with the scheme opening to visa applications from Ukrainians on 18 March. Sponsors are expected to provide accommodation (“a spare room, or separate self-contained accommodation that is unoccupied”) for at least a 6-month period. Sponsors have the option to receive a monthly ‘thank you’-payment of £350 (limited to one payment per residential address). In the first phase of the roll-out, sponsors will be able to match with a particular named person or family.
Ukraine Extension Scheme
From 3 May 2022, Ukrainian nationals with permission to stay in the UK (granted on or before 18 March 2022) and their dependants who are already in the UK will be able to extend their visa or switch to another immigration route (where eligible). Ukrainians whose permission to stay in the UK has expired since 1 January 2022 will be also eligible to apply.
