Lex Ukraine – Changes

Certain changes to the legislation referred to as Lex Ukraine, allowing those who arrive from Ukraine due to Russian invasion to apply for temporary protection in any EU country (except Denmark), enter into force as of 28^th June 2022.

Changes

Obtaining temporary protection and legal status of temporary protection holders:

• An application for temporary protection can only be filed in one country; obtaining temporary protection or even applying for it (!) in another EU country results in withdrawal of temporary protection in the CR.
• Holders and applicants for temporary and international protection in the CR or another EU country cannot apply for any type of visa or residence permit (studies, work, etc.) at embassies.
• Temporary protection cannot be transferred to another residence permit (except for family reunification).
• To be able to apply for temporary protection, applicants need to present a proof of accommodation (except for refugees whose accommodation has been provided by emergency management authorities). They may use a declaration of the owner or authorised user of the property, a lease agreement, etc. The signature of the owner or the authorised user does not need to be officially certified.
• Change of residence in the Czech Republic must be reported to the Ministry of the Interior within 3 working days. This applies to a change of residence for more than 15 days. If the TP holder does not stay at the reported address for more than 15 days, their reported place of residence in the MI information system may be cancelled (which may affect the payment of benefits, school attendance of children, etc.) Read more here.

Health insurance:

• Temporary protection holders (unless their health insurance is paid by their employer) aged 18 to 65 are considered self-payers 150 days from the moment of obtaining temporary protection, which means they have to pay for commercial insurance or be registered as a jobseeker with the Labour Office.
• A lot of Ukrainians are employed based on the agreement to complete a job (‘DPP’), their pay not exceeding CZK 10,000. This means that their insurance is not paid by their employer and they have to pay for it on their own. This is yet another reason to require a regular employment contract with payment of insurance and other contributions.
• Persons with a disability pension or on maternity and parental leave will follow the instructions on the VZP website, which will be set up for this purpose.
• Another option is to be registered as a jobseeker at the employment office.
• Students aged 18 to 26 studying at secondary schools or universities in the CR or Ukraine (even in an online programme) are considered dependent persons and do not need to pay for their insurance.
• When going to Ukraine (for several days), TP holders may report their departure of the CR to the insurance company. The do not have to pay for their insurance, but they cannot use the services of the public health system either. When going back to Ukraine permanently, it is obligatory to deregister from health insurance. If TP holders fail to deregister, they may incur a debt towards the Czech Republic, which would prevent their further residence in the country.

Humanitarian benefit:

• People staying at a facility where they are provided with free accommodation, full day’s food, and basic personal hygiene products are not entitled to a humanitarian benefit.
• According to an amendment proposed by minister Marian Jurečka (Lex Ukraine III, waiting for the President’s signature), humanitarian benefits will continue to be disbursed but the amount will be reduced to basic subsistence, which is CZK 4,250 for an adult and CZK 3,050 for a child.
• The entitlement to the benefit is considered on an individual basis, it concerns people without employment or other income.

Solidarity household allowance:

• The announcement is being awaited; the payment for the period of July to December will be governed by a government decree.
• It is possible to receive solidarity household allowance and have the residents contribute to the energy bills.
• The amount of the allowance will vary depending on whether it is co-housing (CZK 3,000/person, maximum 3 persons) or whether a separate apartment has been provided (CZK 5,000/person, CZK 9,000 for 2 persons, CZK 12,000 for 3 persons, CZK 14,000 for 4 persons, CZK 15 thousand for 5 persons).
• The flat provided must be unoccupied (without a tenant) or used by temporary protection holders. This is primarily to protect against the eviction of needy Czech tenants.

Source: migraceonline.cz

Information in Ukrainian is available on the Facebook profile of migraceonline.cz.

Українська версія тут: https://bit.ly/3AdYm6H