Temporary protection status is a specific protection status applied at EU level for people who have fled the war in Ukraine. It is available to anyone who was a resident of Ukraine before 24 February 2022 and who arrived in Luxembourg on or shortly before 24 February 2022.

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:

1. Ukrainian nationals residing in Ukraine before 24 February 2022;
2. 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;
3. 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:
   • a person's spouse;
   • 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;
   • 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.;
4. 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.

Prerequisites

To be eligible for temporary protection, the person must have been resident in Ukraine before 24 February 2022 and must have left the country since 24 February 2022, or shortly before (i.e. persons who fled Ukraine shortly before 24 February 2022, when tensions were rising, or who found themselves in the territory of the Union (e.g. on holiday or for professional reasons) just before that date and who, due to the armed conflict, are unable to return to Ukraine).

Excluded persons

The following persons may be excluded from temporary protection:

• persons where there are serious reasons for considering that:
  • they have committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect for such crimes;
  • they have committed a serious crime under ordinary law outside the Grand Duchy of Luxembourg before being admitted as beneficiaries of temporary protection;
  • they have been guilty of acts contrary to the purposes and principles of the United Nations;
• persons where there are reasonable grounds for regarding them as a danger to national security or, having been convicted by a final sentence for a particularly serious crime, that they constitute a threat to the community of Luxembourg.

How to proceed

Filing an application

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.

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.

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.

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.

Validity period

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.

Rights granted

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).

Children also 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).

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.

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.

Beneficiaries of temporary protection may renounce this protection at any time in order to return voluntarily to their country of origin. In this case, the Grand Duchy of Luxembourg will take the necessary measures to make this return possible.

Beneficiaries of temporary protection also have the possibility to apply for international protection at any time.

Forms / Online services

Who to contact