Immigration alert – Extension of the temporary protection for people fleeing war in Ukraine

Overview

Based on the recent report from the EU Commission, persons entitled to temporary protection because of the ongoing war in Ukraine will see their current status extended until 4 March 2024. While the process to extend one’s temporary protection status is yet to be confirmed by the Swedish authorities, the right to stay and work in Sweden for the duration of the extension period will remain.

Background

On March 2nd earlier this year, the EU Commission proposed to activate the Temporary Protection Directive (2001/55/EC) as a response to the Russian invasion of Ukraine. Activation of the Directive would provide those fleeing the war in Ukraine temporary protection in the EU, residence permits, as well as access to education and the labour market within the Union.

With the migratory pressure continuing, the EU Commission confirmed in their Report on Migration and Asylum (COM [2022] 740 final) issued on 6 October 2022, the intention to make full use of the provisions set out in the Directive by extending the temporary protection granted to those who have fled Ukraine. This protection will be extended by another year, until 4 March 2024. While the practical process as to how refugees having fled Ukraine are to extend their temporary protection status has not been confirmed, the Swedish Migration Agency has communicated that they will soon provide more information and guidelines on the matter.

Please also see our previous immigration alert published on March 4th for further information on the activation of the Temporary Protection Directive.

Deloitte’s commentary

The extension of the temporary protection is welcomed given the deteriorating situation in Ukraine and calls for further support from the EU Member States. However, from a practical perspective, this extension comes with certain implications affecting those beneficiaries residing in Sweden.

From a legal standpoint, being entitled to temporary protection under the EU Directive is a very beneficial, albeit time-limited, legal status because it allows recipients to commence work with any employer they prefer and in any occupation they choose. On the other hand, it also prevents them from switching to, for example, a work permit while in Sweden since it is considered a less beneficial status. Their temporary protection status furthermore hinders them from obtaining a Swedish personal identity number.

Besides the immediate repercussions of not having a personal identity number, individuals would additionally not be able to consider the time they spent in Sweden under temporary protection in a potential calculation for permanent residency. Those entitled to temporary protection – as opposed to holders of regular residence and work permits who can apply for a permanent residence permit after having utilized their permits for at least 44 out of 48 months during the past 7 years – must instead start counting their permit time once said protection ends and they have eventually been granted another permit.

Deloitte actively monitors any development of these matters, and this article will be updated accordingly.

Contact us

If you have questions, you are welcome to contact us:

Martina Ogenhammar Conti
Director, Head of Immigration - Global Employer Services
mogenhammar@deloitte.se
+46 70 080 21 60

Giuseppe Gilio
Senior Manager, Immigration - Global Employer Services
ggilio@deloitte.se
+46 70 080 25 13

Hanna Blüme
Associate, Immigration - Global Employer Services
hblume@deloitte.se
+46 70 080 24 33

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