Temporary Protection Directive for refugees from Ukraine: determining eligibility is the most frequently mentioned challenge

EU Member States often face similar challenges in applying the Temporary Protection Directive (TPD) for displaced persons from Ukraine. For instance, determining whether individuals fall within the scope of the Directive can be difficult. Language barriers hinder access to the labour market, medical care, and education. Additionally, housing shortages and staff shortages in healthcare and education also play a role. The European Migration Network (EMN) mapped how the TPD was applied in the first half of 2023 and identified the challenges and successful practices among countries.

> Read the full EMN study (comparing 25 EU Member States*) and the EMN Netherlands benchmark (analysis of similarities and differences between the Netherlands and other Member States)

The TPD grants displaced persons from Ukraine certain rights, such as access to accommodation, education, medical care, and the labour market. Member States have discretion in applying the Directive, resulting in varying practices. Until the extension of the TPD on 4 March 2023, displaced persons with temporary Ukrainian residence permits (often referred to as 'third-country nationals from Ukraine') were also covered by the directive in the Netherlands. Since the extension, they must undergo the regular asylum procedure.

Criteria for temporary protection 

Many countries (CY, EE, FI, HU, IE, IT, LU, LV, NL) find it challenging to determine whether someone is entitled to temporary protection. This involves verifying whether the person resided in Ukraine before 24 February 2022 and fled the country after that date. Consequently, some countries worry that individuals entitled to temporary protection may be denied (FI, EE, BE, LU), while others fear admitting individuals who are not entitled to protection (CZ, DE, EE, NL).

Barriers to working, learning, and living

Language barriers hinder access to the labour market (BE, CY, CZ, DE, ES, FR, IE, IT, LT, LU, NL, PL, SK), medical care (most countries), and education (BE, CZ, EE, FR, HR, HU, IE, LT, NL, SI, SK). As many women and children have fled Ukraine, the lack of childcare (BE, BG, CZ, DE, FR, IE, IT, LU, NL, SK) often prevents them from working. Furthermore, the non-recognition of qualifications (AT, BE, CZ, DE, EE, FI, FR, LT, LU, NL, PL, SK) is a common obstacle. Nine countries reported challenges when Ukrainian students followed dual curricula (both the host country's curriculum and Ukraine's) (CZ, EE, FI, IE, LU, LV, NL, PL, SI).

Housing shortages (BE, CY, CZ, DE, ES, FR, IE, IT, LT, LU, NL, SK), teacher or school shortages (BE, CZ, EE, FR, IE, LU, NL, PL, SK), healthcare staff shortages (AT, CZ, EE, IE, NL, SK), and cultural differences also pose challenges.

Temporariness hinders sustainable solutions 

Many Member States believe that the temporary nature of the directive hinders sustainable solutions. In the Netherlands, for example, municipalities are less inclined to grant (construction) permits for reception facilities. In Finland, relatively few Ukrainian refugees register (30%) due to the perception that their situation is temporary. In some countries (BE, CZ, DE, IT), the temporary nature makes it difficult for employers to offer permanent employment contracts.

Successful application of the TPD

The EMN study also highlights how EU Member States have taken action to address challenges and improve the application of the TPD. Examples related to the labour market, medical care, and education include:

• In the Netherlands, the government promotes language lessons and opens up occupations to displaced persons from Ukraine who do not (yet) meet all formal requirements. Austria, Belgium, Finland, and Ireland have introduced special policies to facilitate registration with employment agencies for displaced persons from Ukraine. Germany encourages companies to hire displaced persons from Ukraine and support them in obtaining the necessary qualifications.
• The Dutch Empatia project connects Ukrainian psychologists, whether displaced or not, with displaced persons from Ukraine in need of psychological support. In France, first aid stations at reception centres, staffed by the Red Cross and an interpreter, refer people to specialist care. In Slovakia, medical professionals from non-EU countries whose qualifications have not yet been recognised can temporarily work as trainees.
• The Netherlands and ten other countries (BE, CZ, DE, EE, FR, IE, LT, LV, LU, PL) employ Ukrainian educational staff to improve access to education. Eleven countries (BE, CY, CZ, DE, EE, FR, HR, HU, IE, PL, SK) offer special language classes. Slovakia and Lithuania have developed specialised education programmes for children from conflict areas, and Hungary has established two public schools exclusively for children from Ukraine. The Latvian government funds youth camps to promote integration and language skills. In other countries (BE, EE, PL, SK), NGOs organise similar activities.

Temporary protection grants in the first half of 2023 

In the first half of 2023, the number of temporary protection grants under the directive decreased. Across the EU, over one million permits were granted to displaced persons from Ukraine. The Netherlands granted temporary protection to 34,775 people during this period.

*Participating countries: Austria (AT), Belgium (BE), Bulgaria (BG), Cyprus (CY), Czechia (CZ), Germany (DE), Estonia (EE), Greece (EL), Spain (ES), Finland (FI), France (FR), Croatia (HR), Hungary (HU), Ireland (IE), Italy (IT), Lithuania (LT), Luxembourg (LU), Latvia (LV), Malta (MT), Netherlands (NL), Poland (PL), Portugal (PT), Sweden (SE), Slovenia (SI), Slovakia (SK)