The Czech Republic is currently home to more than 300,000 Ukrainians who were forced to flee the war. This country provides asylum to refugees who have already enjoyed protection in other European countries. Learn more about how to obtain temporary protection in the Czech Republic after arriving from another European country

Legal assistance on migration issues for Ukrainians in Ukraine and abroad

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A huge proportion of appeals to the Czech Ombudsman come from refugees from Ukraine who have problems with visas, humanitarian aid, education or employment. The difficult task of solving all these problems and ensuring human rights protection fell on the shoulders of Veronika Vikhova and other lawyers of the Ombudsman's office. The team calls on the Czech authorities to grant Ukrainians temporary protection status after other European countries. Most Czech courts agree with this position.

In our previous article, we explained that Ukrainians who are unable to return home or move to another country, but are not eligible for temporary protection in the Czech Republic, can use an alternative option.

Complaints to the Ombudsman regarding problems with obtaining temporary protection status

The lion's share of complaints received by the Czech Ombudsman from Ukrainian refugees relate to problems with obtaining temporary protection. Very often, people who have already lived in another European country, but have found a job in the Czech Republic and want to reside in this country officially.

The Czech authorities may often reject applications from persons who have already been granted temporary protection in another EU country and want to move to the Czech Republic. Such applications may not even be considered, they are simply stamped inadmissible.

In such a situation, refugees cannot obtain either temporary protection, a tolerance visa, or any other official residence permit. They have to return to the country in which they were first granted temporary protection.

Fleeing the war, most IDPs stayed in neighboring countries: Poland, Slovakia, and Hungary. There they received temporary protection status. But over time, the situation is changing. This concerns employment, children's education, or relatives living in other countries. 

The Czech Ombudsman is convinced that during the validity of the Temporary Protection Directive, refugees should be able to move to other countries and always receive temporary protection status in the new country where they decide to reside.

To learn more about the increase in benefits for Ukrainian refugees in the Czech Republic, please follow the link.

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How to obtain temporary protection status in the Czech Republic after another EU country?

There is currently a platform where all information about granted temporary protection statuses in different countries is entered. For example, if you have been granted temporary protection in Germany, it will be automatically revoked in the original country. This way, it is controlled that a person enjoys temporary protection in only one country.

Unfortunately, in the Czech Republic, one of the few EU countries, it is almost impossible to change the country of protection. For example, if you were granted temporary protection in the Czech Republic and then moved to France, you will have no problem obtaining temporary protection there, but it will be revoked in the Czech Republic. However, you will not be able to return to the Czech Republic.

In such situations, refugees are advised to go to court, as very often such issues are resolved in favor of foreigners. If your application is marked as unacceptable, file a lawsuit. Most likely, the courts will rule in your favor, as they agree that such rules do not comply with European law.

You do not need to pay any fees when filing a lawsuit, and non-profit organizations can help refugees prepare a claim. It may take 3-6 months for the court to make a decision.

We remind you! The terrorist country mercilessly launches massive rocket attacks on various cities of our country. As a result, Ukrainians who have previously returned from European countries are forced to flee to safe places again. Read more about which EU countries can re-apply for temporary protection status and what is required.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

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