We bring you the essential points of the new laws on measures in relation to the current situation in Ukraine, the so-called Lex Ukraine.
Information in this article is up to date as of 22 March 2022, 12:00 p.m. All valid information is available on the web of Ministry of the Interior
Стаття доступна українською мовою.
On 4 March 2022, the “temporary protection” regime was activated by the Council of the European Union through the Implementing Decision 2022/382, establishing the existence of a mass influx of displaced persons from Ukraine and implementing temporary protection for them. Consequently, the Act on the Temporary Protection of Foreigners was activated, which regulates the permission to reside in the territory of the Czech Republic under this regime. However, this legal framework was assessed as inadequate to the needs of the current situation, and, therefore, four new laws, collectively referred to as “Lex Ukraine”, were prepared. Three of them were approved in the state of legislative emergency on 17 March 2022 by the Czech Senate. The validity of these three Laws is from 21 March 2022 until 31 March 2023.
“Lex Ukraine” is aimed at refugees from Ukraine who prove to be:
A) citizens of Ukraine as well as their family members, or
B) stateless persons, or
C) nationals of third countries other than Ukraine who have been granted international or national protection in Ukraine; or
D) nationals of third countries other than Ukraine who have resided in Ukraine on the basis of a valid permanent residence permit (not applicable to short-term residence) issued in accordance with Ukrainian legislation and who are unable to return to their country or the region of origin under safe and permanent conditions,
and who, as a result of the armed conflict on the territory of Ukraine, arrived in the territory of the Czech Republic since 24 February 2022 without a valid residence permit issued by the Czech Republic; or
E) citizens of Ukraine and their family members who, prior to 24 February 2022, were already in the Czech Republic under a visa-free regime or on the basis of a short-term visa, and / or were issued since 24 February 2022 until 21 March 2022 a special leave to remain visa.
A family member is a spouse or registered partner, minor unmarried child, a parent of a foreigner under the age of 18 or other dependent relative.
The Ministry of the Interior of the Czech Republic (Asylum and Migration Policy Department) and the Police of the Czech Republic (Foreign Police) starts issuing on 22 March 2022 residence permits for the purpose of temporary protection to persons who meet the above-mentioned conditions.
In order to apply for temporary protection, the foreigner must meet the following requirements:
a) in-person submission (can be waived in exceptional cases, e.g. in case of hospitalization),
b) travel document,
d) another EU Member State does not register the foreigner as an applicant or holder of a residence permit for temporary protection purposes.
The rights and obligations arising from the temporary protection regime can only be exercised in the territory of the Czech Republic and cover also the holders of a special leave to remain visa (marked D/VS/U) issued since 24 February 2022 until 21 March 2022 to the citizens of Ukraine.
The foreigner is covered by the public health insurance, even for the period of 30 days prior to the date of granting the visa. For example, if a foreigner arrives in a serious health condition, is treated in a hospital and afterwards obtains the visa, he/she is fully covered by the public health insurance system.
Free access to the Labour market
The foreigner is considered to be a foreigner with permanent residence, i.e. has free access to the Labour market. Please, be aware that the free access to the Labour market lasts only for the period of visa validity.
These foreigners can apply at the Labour office for a special humanitarian benefit. It is paid automatically in the amount of CZK 5,000 for the calendar month in which the visa was granted, but no later than for May 2022. Upon the proof of insufficient income, social and financial circumstances, it can be granted repeatedly (in the amount of CZK 5,000 per month) for up to 5 additional calendar months.