On January 1, 2024, Act No. 454/2023 Coll., the so-called Lex Ukraine VI, came into force, amending Act No. 65/2022 Coll., on certain measures in connection with the armed conflict on the territory of Ukraine caused by the invasion of the Russian Federation (the “Amendment“).
Thus, the Amendment again allows citizens of Ukraine who are currently holders of the so-called temporary protection[1], to apply for its extension for another 12 months, i.e. until 31. 3. 2025.
Although the process of extending temporary protection has remained virtually unchanged, we consider it important to recall not only its stages, including the mandatory deadlines but also to highlight some other important changes introduced by the Amendment.
Process for extending temporary protection
The extension of temporary protection again takes place in two stages, provided that the applicant meets the predefined conditions, particularly the deadlines.
- Registration via the web portal
In the first phase, online registration must be made via the Information Portal for Foreigners no later than 15. 3. 2024. Persons over 15 years of age may register themselves, whereas registration of younger persons must always be made by their authorised representative.
The applicants must now log in with their user account, which they must set up for this purpose if they have not already done so.[2] When setting up the account, the applicants must provide an e-mail address to which they have permanent access, as it is not possible to log in to the account using other data. The online registration itself is carried out in several successive steps, which are explained in detail in the Ministry of the Interior’s instructions, which can be found here.
As part of the registration process, the applicants must fill in their data and place of current residence in the Czech Republic. If the registered person is under 15 years of age et, the authorised representative shall also provide the address and name of the school or kindergarten where the minor is attending compulsory education and at the same time the personal link to him.
If registration is not made by the deadline, the temporary protection will automatically expire on 31. 3 2024. However, it will be possible to save this situation by submitting a new application in the same way as when the foreigner first applied. The risk, however, is that in such a case, as opposed to an extension, the Ministry will reassess whether the applicant still meets the conditions for the grant and therefore it cannot be guaranteed that temporary protection will be granted. We therefore advise them not to expose themselves unnecessarily to potential complications and to register for an extension in good time.
As part of the online registration, a specific date will also be booked for the applicant’s visit to the Ministry of the Interior, Department for Asylum and Migration Policy (“MoI DAMP“). This is one of the obligatory steps without which the online registration will not be carried out.
Upon successful completion of registration, the applicant’s temporary protection will be extended until 30. 9. 2024.
It is still possible to check this fact, i.e. the extension of temporary protection and the validity of the registration, via the foreigner’s web portal (link here), by filling in the reference number of the application for extension of temporary protection and the date of birth.
- Designation of the visa label
The second stage consists of the applicant’s obligation to appear in person at the relevant DAMP office on the reserved date and to bring all the required documents.
In this context, the Amendment has introduced a new requirement relating to the accommodation certificate, which is one of the possible documents that can be used to prove accommodation. Thus, the certificate must now bear a certified signature, either by the owner or the authorised user of the flat or property. This obligation applies to all applicants without exception, even if there has been no change of residence since the last extension of temporary protection.
During this visit, the applicant will be issued with a visa tag, which will extend the temporary protection until 31. 3. 2025.
Other changes
In the event of a successful extension of temporary protection, the person with temporary protection will continue to be able to benefit from the advantages of this institution. This includes, for example, free access to the labour market or the provision of support, either financially or in terms of accommodation. These benefits have been extended by the Amendment to the so-called assisted return institute, through which a person with temporary protection who voluntarily decides to return to Ukraine will be provided with financial support. However, the use of this support is subject to a strict limit – it can be applied for only once, no later than three months before the expiry of the residence permit.
The limitation is also newly introduced in the case of free emergency accommodation, which can be used by persons with temporary protection for a maximum of 150 days. This limit will not apply only to so-called vulnerable persons. However, this will be different from September this year when a uniform limit of 90 days will be introduced for all. Therefore, if by 1 September 2024 a person with temporary protection has exhausted the 90 days, they will be obliged to leave the emergency accommodation or arrange a standard tenancy for a fee.
The Amendment also introduces changes in health care, as it abolishes the exception allowing for the suspension of health insurance if a person with temporary protection travels to the territory of Ukraine for more than 1 month. Instead, the standard rules will now apply, i.e. for a stay of fewer than 6 months, the person with temporary protection remains a participant in the public health insurance system and is therefore obliged to pay the insurance premium or to fulfil other obligations set out by law.
Nor has the education sector remained unchanged. In connection with the start of the new school year 2024/2025, enrolment in kindergartens and primary schools for all children and pupils will already take place on standard dates and in the standard way. At the same time, for example, the possibility of creating so-called segregated classes and departments is abolished, as well as the exception from the requirement of knowledge of the Czech language for teaching staff from Ukraine.
Conclusion
The Amendment introduced many changes to temporary protection. The most significant relates, of course, to the extension itself. Employers are therefore advised to make sure that the deadlines for extension have been met for their employees who hold temporary protection so that the temporary protection can be extended for a year without any problems.
If you have any questions or need assistance in the field of employment of foreigners or employment law, we at PEYTON legal are of course happy to help you.
[1] It is easy to find out whether this is temporary protection from the code on the foreigner’s visa, which is one of the following: D/DO/667, 668, 669, 767, 768, 769, 867, 868, 869.
[2] Please note that this is a service that was launched on 1. 7. 2023. Therefore, if the applicant did not need to make an online appointment at the relevant Ministry of the Inferior office from this date for any other reason, they will need to set up a new user account now, which they can do here.
Mgr. Kateřina Lansdorfová, junior lawyer – lansdorfova@plegal.cz
Mgr. Jakub Málek, managing partner – malek@plegal.cz
26. 2. 2024