Ukrainian refugees get temporary access to the Belgian labour market

The European Union has activated the Temporary Protection Directive to organise the mass influx of Ukrainian refugees in the EU. Subject to certain administrative obligations, these people are allowed to reside and work temporarily in Belgium.

Context

On 4 March 2022, the Council of the European Union activated Directive 2001/55/EC on temporary protection in the event of a mass influx of displaced persons in response to the Ukrainian refugee crisis.

This means that Ukrainians can now obtain a temporary residence and work permit without having to go through the normal application procedure.

Scope and administrative obligations

Temporary protection applies to:

• Ukrainians who were living in Ukraine before 24 February 2022;
• Stateless persons and third-country nationals who enjoyed international protection in Ukraine before 24 February 2022;
• The family members of the abovementioned categories.

Anyone wishing to make use of this temporary protection must go through the following procedure:

• The person concerned must present himself/herself in person, with his/her identity documents, at the national registration centre, currently located at « the Heysel » in Brussels;
• If the conditions for temporary protection are met, the person concerned is issued with a certificate, which he or she must present to the municipal authority of his or her main place of residence;
• The municipal administration then issues a residence permit (an A card) to the person concerned and registers him or her in the register for foreigners.

Temporary protection lasts in principle for one year (i.e. until 4 March 2023) and is renewable for a maximum of one year.

Access to the labour market

The issuance of the A card gives Ukrainian nationals direct and unlimited access to the Belgian labour market. This means that they can work for any Belgian employer, without restriction.

An employer who wishes to employ Ukrainians under this temporary protection is only required to comply with the following obligations:

• He must first check whether the worker is in possession of the provisional document or the A-card;
• He must keep a copy of the residence permit for the duration of the occupation;
• He must declare the beginning and end of the occupation by means of a Dimona declaration.

If Ukrainian nationals wish to work as self-employed persons, they must apply for a professional card via the normal application procedure.

What to remember?

Ukrainian refugees must register at the national registration centre and then at their local municipality, where they will receive an A-card. This document allows them to temporarily reside and work in Belgium.

Source: Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001/55/EC, and having the effect of introducing temporary protection, OJEU 4 March 2022.