Ukrainian Citizens in the EU: Work Readiness and Long-term Planning

In the context of the Ukrainian crisis, the European Union (EU) has put in place several immigration facilitations for Ukrainian citizens seeking protection in EU countries. In an unprecedented manner and with great speed, EU and national leaders agreed to activate the Temporary Protection Directive, adopted back in 2001.

Although the procedure for obtaining this status and the eligibility criteria differ slightly within the EU, it is safe to say that the mechanism has obtained its main objective: offering shelter and providing a status, as quickly as possible, to Ukrainians and their family members fleeing their country to seek protection. Furthermore, this status gives access to the labour market for its beneficiaries.

Right to work for Ukrainian citizens in the EU

In theory, it is rather simple: once obtained, the temporary protection status (TPS) enables Ukrainian citizens to work in the host country. In practice, however, employers struggle with several practical questions which remain unanswered and thus require further clarifications. For them it is important to determine:

• the exact moment in the TPS application process when a Ukrainian citizen is considered work-ready;
• which documents (or other types of evidence) can prove the right to work; and
• what to do in case of an inspection when the right to work already exists, but the documentation is still pending with national authorities.

The above uncertainties have made some employers reluctant to conclude employment contracts with Ukrainian citizens before confirming their right to work in the host EU country. This list of concerns is not exhaustive, but illustrates some of the major concerns of (potential) employers.

As usual within the EU, there is no answer to fit all EU countries. Austria, for instance, requires an additional work permit application in addition to the TPS. The Netherlands only requires a notification to Dutch authorities prior to the work starting. In Belgium, the right to work exists when the Annex 15 is issued by the local town hall (preliminary step to the final residence permit).

These examples showcase why it is therefore understandable that both employers and Ukrainian citizens alike may get lost in this work readiness compliance puzzle. Fragomen has been supporting clients on this matter and developed a series of tools, such as tailored work readiness matrices, to support employers with these challenges.

What about long-term plans?

Another struggle for stakeholders is the long-term planning for their Ukrainian employees in the EU, who are beneficiaries of TPS. Much like the protection status, the right to work is also temporary in nature. Automatic extensions are possible depending on the evolution of the situation in Ukraine. However, long-term planning remains difficult as it depends on factors beyond the employee and employer’s control.

There are solutions to reduce this uncertainty, but once again, these depend upon the host country, and also on the individual circumstances of the Ukrainian employees. Although TPS remains the fastest status available to Ukrainian citizens, other immigration routes (albeit with longer processing times) are also available. As such, a change of status can be explored on a case-by-case basis, both within the host EU country or in another EU country where TPS was obtained.

A change of status is, of course, subject to things like eligibility criteria, lead times, document requirements and more. This can be a cumbersome procedure, much like that for non-EU citizens applying for work permits from outside the EU. However, by preparing early, it is possible to avoid any right-to-work gaps which may affect business continuity.

In addition, changing status does have the advantage of creating a longer-term perspective for the Ukrainian citizens and their employers in the EU and does not prevent a return to Ukraine should this be possible and preferrable for the employee in the future.

Fragomen can advise on work readiness and change of status strategies for Ukrainian citizens in the EU.

Need to Know More?

For further information and advice on this topic, please contact Partner Jo Antoons at [email protected] or Senior Immigration Consultant Andreia Ghimis at [email protected]. This blog was published on 15 August 2022. Due to current circumstances, there are frequent changes.

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