Since it has been determined that the continued Russian invasion of Ukraine does not allow for the safe return of displaced Ukrainian citizens to their homeland, the European Union decided to extend temporary protection to Ukrainian refugees until 31 March 2025.1
Subsequently, the government of the Czech Republic has proposed to extend temporary protection status for another year, until 31 March 2025.2 (For prior coverage, see GMS Flash Alert 2023-023, 31 January 2023.)
The extension, if it passes, should bring some relief to Ukrainians currently in the Czech Republic who had been displaced by the war that erupted following Russia's invasion of Ukraine in February 2022. The extension of temporary protection would preserve current benefits such as free access to the labour market, support regarding accommodation, access to health care, education, and financial aid.
Currently, the blanket validity of visa stickers granting temporary protection expires on 31 March 2024, and if its holders wish to continue to reside in the Czech Republic, they will have to apply for an extension of temporary protection again.
The procedure to extend temporary protection status should be the same as in 2023 with minor differences: online registration and making an appointment to obtain a visa sticker, through the Foreigners Reservation System (FRS).
If a foreign national wishes to extend his or her temporary protection status, the individual will have to register online exclusively through the FRS by 15 March 2024. A confirmation sent to the email address that the foreign national has stated in the registration form will complete his or her registration. The confirmation shall indicate the date and the office at which the foreign national is to appear in order to obtain the visa sticker extending his or her temporary protection.
Unlike under the previous procedure, it will be necessary to submit proof of accommodation in the Czech Republic – a document granting the foreign national the consent in respect of securing his or her accommodation, with an officially verified signature of the property owner or rightful user. Requiring the officially verified signature on the proof of accommodation should reduce the number of cases where the accommodation of a foreigner is stated without the knowledge of the property owner or rightful user. Verified signature does not apply when submitting different forms of proof of accommodation instead of the Declaration of Accommodation. Under the proposed amendment, the proof of accommodation will have to be submitted at the personal visit for obtaining the visa sticker even if the foreigner's residence has not changed since the previous extension.
If the foreign national does not register for the extension of temporary protection status by 15 March 2024, it will expire on 31 March 2024. At the same time, if the foreign national does not appear after his or her registration at the assigned office of the Ministry of the Interior to obtain the visa sticker by 30 September 2024, then his or her temporary protection will expire on 30 September 2024. However, in such cases the Ukrainian national can remain in the Czech Republic based on the visa-free regime and reapply for temporary protection again.
The amendment introduces a new concept: assisted return to the home country upon the foreign national’s request. On the negative side, the proposed amendment does not allow for the secondary migration of holders of temporary protection status granted in another member state, even though this issue was raised during the comment procedure.
The legislative process is not over yet; hence it cannot be ruled out that the final wording of the law may still change.
If employers, organisations, or individuals have questions regarding temporary protection status (who is eligible, what entitlements are available, etc.) and require further advice and assistance, they should consult with their qualified immigration counsel or they can contact a member of the Immigration team with KPMG in the Czech Republic (see the Contacts section).
1 See GMS Flash Alert 2023-193, 18 October 2023.
2 See Návrh zákona, kterým se mění zákon č. 65/2022 Sb., o některých opatřeních v souvislosti s ozbrojeným konfliktem na území Ukrajiny vyvolaným invazí vojsk Ruské federace, ve znění pozdějších předpisů, a další související zákony at: https://odok.cz/portal/veklep/material/KORNCU9ADWIR/ .
This article is excerpted, with permission, from "Temporary protection for Ukrainian citizens extended for one year" (2 October 2023), a publication of KPMG in the Czech Republic.
GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.
© 2024 KPMG Česká republika, s.r.o., a Czech limited liability company and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.
For more detail about the structure of the KPMG global organization please visit https://kpmg.com/governance.
