Category: News

Asters, March 22, 2022: On 15 March 2022 the Parliament of Ukraine adopted the Law of Ukraine ”On Organization of Employment Relations during Martial Law” (the ”Law”). The Law is not in force yet, as it awaits for the signature of the President and official publication. Nevertheless, as enactment of the Law appears to be a matter of couple days, therefore we suggest reviewing its main provisions based on the currently available text.

Entering into and suspension of employment agreement

The Law simplified the procedure to enter into employment agreements and transfer to another job. In particular, the employer is entitled to:

• establish probation period for all categories of employees.
• conclude fixed-term employment agreements for the period of martial law or replacement of temporary absent employees that are evacuated, on leave or idle time, became disabled or whose fate is unknown.
• transfer employees to another job without their consent in order to prevent consequences of (i) military actions; (ii) other circumstances which endanger or may endanger lives and normal living conditions of population.

The Law also envisages a new possibility of suspension of employment agreements. Suspension of an employment agreement does not cause its termination but implies that an employer is temporary released from the duty to provide work, while an employee is released from the duty to perform such work. Suspension of an agreement suspends an employer’s obligation on payment of a salary. The Law makes the aggressor state liable for recovery of the salary and other payments for the time of suspension of the employment agreement, however, the mechanism for such recovery is not yet clear.

Termination of employment agreement

The Law introduces the following new rules for termination of employment during martial law:

• simplified staff redundancy procedure but only in case of liquidation of an entity due to destruction of all its production, organizational or technical facilities or property as the result of military actions. In this case, an employer shall issue a 10 days prior notice and pay a severance payment in the amount of not less than one average salary.
• possibility to terminate employees during sick leave or vacation (except for maternity and parental leave). The date of termination would be the first working day after sick leave or vacation.
• right for employees to resign voluntarily without prior two-weeks’ notice if the reason for resignation is (i) military actions on the territories where the entity is located, or (ii) threat to life and health of an employee. However, notice period remains mandatory if an employee performs socially useful works or works at critical infrastructure facilities.
• possibility to dismiss unionized employees without approval of relevant trade union, unless an employee is a member of the trade union’s managing body.

Payment of salary

If an employer cannot pay salaries due to military actions, it may suspend such payments till recovery of its core business activities.

Working time

During martial law, an employer may refuse to provide vacations to employees who perform work at critical infrastructure facilities. The rule does not apply to maternity and parental leaves.

In addition, the Law:

• increases normal duration of working time to 60 hours per week.
• decreases minimum duration of continuous weekly rest to 24 hours.
• suspends restrictions regarding overtime, night, holidays, weekends work;
• removes limitations on maximum lengths of unpaid leaves.

For further information please contact Asters’ Counsel Inesa Letych and Associate Iryna Shaposhnikova

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

Asters, March 16, 2022:The Cabinet of Ministers of Ukraine is ready to provide conditions to work in the western regions of Ukraine for enterprises located in the zone of risk and active hostilities. Primarily, the state encourages the relocation of strategic enterprises and enterprises that produce essential goods to meet the needs of the civilian population and the Armed Forces of Ukraine.

For this purpose, an enterprise wishing to transfer completely or partially its production facilities and employees should apply at the link, indicating the following information:

• the name of the enterprise and the USREOU code
• production address and specialisation
• ability to produce goods/products for defence needs
• contact persons of the enterprise (name, position, phone, email)
• the need for production premises (area, m², type of premises, other special conditions)
• electricity demand (kWh, connection power in kW)
• the need for additional resources (water, gas, etc.)
• number of employees and their families and the need for dormitories/accommodation
• number of equipment (units/tons/m³)
• ways to transport equipment (railway/automobile transport) and the need for transport (number of cars, trucks etc.)
• access to transport hubs
• estimated time of dismantling, packing, and loading of equipment
• the need for storage facilities (m³), raw materials (type, volume, potential sources/partners), additional needs
• location address of the enterprise after transportation (if any)
• address of residence of staff and their family members after transportation (if any)
• estimated time of installation of equipment and start of production after relocation
• availability of existing/potential sales channels after relocation

The legislative procedure of relocation of enterprises is currently in the process of preparation and approval. It is expected that after the confirmation of the respective application, the Ministry of Economy of Ukraine and military civil administrations will jointly search for the necessary industrial facilities and places for the accommodation of employees and their families. Once the location parameters are agreed with the enterprise, the State will assist in transporting the equipment and workers with their family members to the new site. Each individual case of transportation will be accompanied by the responsible deputy or the local majority deputy.

For more information, please contact Counsel Anzhelika Livitska and Associate Victoria Kurus.

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm Ketler & Partners, a member of Karanovic, upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

1. Temporary protection

1.1. Please note that the procedure was simplified by the activation of the EU temporary protection Directive 2001/55, which was implemented into Slovenian legal order by Temporary Protection of Displaced Persons Act. The Council of the European Union has already adopted a Decision on 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. The Government of the Republic of Slovenia adopted a decision on the introduction of temporary protection to pursue protection under this simplified regime.

1.2. The Temporary Protection of Displaced Persons Act will be used from 11 March 2022. Temporary protection is applicable to persons displaced from Ukraine on or after 24 February 2022 for military invasion by the Russian armed forces launched on that date. The following categories of persons are eligible for temporary protection if they resided in Ukraine before 24 February 2022, on or before that date:

– citizens of Ukraine;

– stateless persons and third-country nationals, who are not citizens of Ukraine and who have been granted international protection or other equivalent national protection in Ukraine;

– family members of aforementioned persons, i.e.:

o a spouse or a person who, lived with the person who has obtained temporary protection for at least one year prior to his/her arrival in the Republic of Slovenia, which has equivalent legal consequences to a marriage;

o children of a person who has obtained temporary protection, as long as the person is obliged to support them;

o stepchildren, where they support a stepfather or stepmother, and stepfather or stepmother, where he or she supports stepchildren;

o grandchildren and nephews of the person who has obtained temporary protection, in so far as that person is supporting grandchildren or nephews who are without parents;

o other close relatives of the person granted temporary protection, if they lived together as part of the family before coming to the Republic of Slovenia and were supported by the person granted temporary protection;

– stateless persons and third-country nationals who are not citizens of Ukraine and who have resided in Ukraine on the basis of a valid permanent residence permit and cannot return to their country or region of origin in a safe and sustainable manner.

1.3. Temporary protection is granted by the date of entry into force of the Government’s decision (i.e. 11 March 2022) and shall last for one year (i.e. until 11 March 2023). Temporary protection may be renewed up to two times for a maximum of six months each time.

1.4. Upon entering the Republic of Slovenia, the applicant must fill in an application for temporary protection with the authority responsible for controlling the crossing of the state border (i.e. Police) and submit all the evidence that is relevant for the decision on granting temporary protection. Police forwards such application to the competent organizational unit of the administrative unit (“Competent authority”) in which the applicant will be accommodated. A person who illegally enters Slovenia during the period of temporary protection and, until the number of persons determined in the decision of the Government of the Republic of Slovenia is reached, may apply for temporary protection if he/she does so within three days after entering Slovenia.

1.5. The Government Office responsible for the care of migrants (“Office”) organizes the transport of the applicant to the nearest reception center, where his/her identity is determined, the information necessary for granting temporary protection is collected, and the applicant undergoes a medical examination. The applicant may be accommodated in a reception center until a final decision on his/her application is taken. An application for temporary protection is reviewed and decided by the Competent authority.

1.6. Individuals with granted temporary protection can apply for asylum during or after their temporary protection ends. An application for asylum which has not been resolved before the expiry of temporary protection shall be resolved after the expiry of that protection. Pending a final decision on the asylum application, the provisions governing asylum shall apply to such a person. A person whose application for asylum has been rejected with final effect may reapply for temporary protection.

1.7. For the duration of their temporary protection, individuals have the right to:

– temporary residence in the Republic of Slovenia;

– accommodation and food in accommodation centres or financial assistance for private accommodation;

– health care;

– work;

– education;

– financial assistance;

– pocket money;

– family reunification;

– free legal aid;

– information on rights and obligations;

– assistance in exercising rights.

1.8. People with temporary protection must:

– respect the constitutional order, laws, regulations and other general legal acts of the Republic of Slovenia, and the measures taken by the state authorities;

– register their residence and any change of residence with the competent authority within three days of the change;

– inform the Office of their employment, assets, income and benefits.

2. Entering the country

2.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

As of 19 February 2022, restrictions due to Covid-19 no longer apply when entering Slovenia. This means that the RVT (recovered/vaccinated/tested) condition no longer has to be met at the border and travellers will no longer be ordered to quarantine at home.

Please note that according to the EU Council Recommendation on travel to the EU during the pandemic, all requirements prior to arrival to the European Union should be waived for people fleeing war zones.

2.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

Citizens of Ukraine do not need a visa to enter Slovenia if they travel with a biometric passport and can stay there for 90 days in the last period of 180 days. Holders of diplomatic passports are exempted from short-stay visa regime in any case.

Web visa application form

2.3. Is entry without passport allowed?

If a citizen of Ukraine enters Slovenia without the required documents, he/she commits a misdemeanour under the Foreigners Act. However, given the war and the current situation on the Ukrainian territory, the police will take into account those individual circumstances and only issue a warning and will therefore not fine the person.

If a Ukrainian citizen does not have the required documents to cross the border but can stay with relatives, he/she must report to the nearest police station with the relative he/she will be staying with. At the police station, he/she can indicate his/her intention to apply for international protection. His/her intention will be forwarded to the International Protection Procedures Division of the Ministry of the Interior, and the person will be allowed to stay with his/her relatives.

2.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

The application for any special status can be done later (especially if a person travels with a biometric passport and can therefore stay in Slovenia for 90 days in the last period of 180 days), but we suggest the application to be done as soon as possible, in order to be granted the rights arising from the status of an applicant.

3. Stay in the country

3.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

If a UA citizen travels with a biometric passport he/she can stay in Slovenia for 90 days in the last period of 180 days without any additional formalities regarding visa. Please note that a person must register the residence within three days of crossing the border (if a person is staying in a hotel or other accommodation, the host will take care of such registration).

3.2. Are temporary residency permits available for UA citizens?

Temporary residency permits are available when an individual (UA citizen) presents a clear and demonstrable purpose of residence in Slovenia. Clear and demonstrable purpose is one of the following:

– employment or work;

– self-employment;

– seasonal work;

– cross-border worker;

– posting;

– transfer within a company;

– EU blue card;

– studies;

– work in research and higher education;

– family reunification;

– family reunification with persons granted international protection in Slovenia;

– interest of the country;

– long-term resident in another EU country; or

– a foreigner of Slovenian descent.

If the conditions for temporary residence permit are met, the permit will be issued for the period necessary to fulfil the purpose of the stay, up to a maximum of one year. Conditions for temporary residence permit are the following:

– adequate photography;

– provable purpose of residence;

– a valid travel document;

– adequate health insurance;

– sufficient means of subsistence;

– verified security concerns;

– certified and translated evidence; and

– fingerprint capture.

Temporary residence permit may be renewed under the same conditions as those under which it was issued.

3.3. Are permanent residency permits available for UA citizens?

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside, after a certain period of continuous and lawful residence in Slovenia (usually five years of legal residence). A permanent residence permit is issued without any restrictions on the duration and purpose of residence in Slovenia.

Terms for permanent residency permit are the following:

– five years of continuous legal residence in Slovenia on the basis of a temporary residence permit;

– a valid travel document (validity period is not relevant);

– sufficient means (regular sufficient income);

– verified security concerns (clarification at security concerns);

– during the decision-making, the foreigner must be resident in Slovenia.

The following individuals may apply for permanent residency permit before legally residing in Slovenia for five years:

– an individual whose residence is in the interest of the country, while the competent ministry or another state authority must provide its opinion on this;

– a person of a Slovenian descent;

– a family member of a person who has a permanent residence permit or refugee status in Slovenia – in such event, you may apply for a permanent residence permit after two years of continuous legal residence on the basis of a temporary residence permit.

More information on permanent residency permit is available here and here.

3.4. Is refugee status available for UA citizens?

Refugee status is available for UA citizens. An individual can obtain the refugee status if he/she has a well-founded fear of persecution for the following grounds:

– race or ethnic affiliation;

– religion;

– nationality;

– political opinion or belief; or

– membership of a particular social group in the country of origin.

Refugee status may be obtained by a third-country national who, owing to well-founded fear referred to in the previous paragraph, is located outside the country of his or her nationality and is unable or is unwilling to avail himself or herself of the protection of that country, or a stateless person who is outside the country of his or her habitual residence and is unable or is unwilling to return to that country, provided that there is no exclusionary grounds.

Exclusionary grounds are:

– a person already enjoys the assistance or protection of United Nations bodies and agencies, other than the High Commissioner;

– there are reasonable grounds to suspect that he or she has committed a crime against peace, a war crime or a crime against humanity as defined by international standards;

– there are reasonable grounds for suspecting that, prior to entering the Republic of Slovenia, a person has committed a serious crime of a non-political nature in another country, even if committed for allegedly political purposes;

– there are reasonable grounds for suspecting that a person has committed acts contrary to the purposes and principles of the United Nations as set out in the Preamble and in Articles 1 and 2 of the Charter of the United Nations;

– there are reasonable grounds for considering a person is dangerous to the safety or territorial integrity of the Republic of Slovenia, as manifested in particular by a threat to sovereignty, to the performance of international obligations and to the protection of the constitutional order; or

– a person poses a threat to the Republic of Slovenia following a final conviction for a serious criminal offence.

3.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

There is also subsidiary protection status. You may be granted subsidiary protection if you do not meet the refugee status requirements, yet the return to your country of origin could cause you serious harm, including:

– death penalty or execution;

– torture, inhuman or degrading treatment in your country of origin; or

– serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

For subsidiary protection there must be no exclusionary grounds, which include:

– a person has committed a crime against peace, a war crime or a crime against humanity, as defined in international treaties or regulations defining such crimes;

– a person has committed a serious crime;

– a person has committed acts contrary to the purposes and principles of the United Nations as set out in the Preamble and in Articles 1 and 2 of the Charter of the United Nations;

– a person constitutes a danger to the community or to the security of the Republic of Slovenia.

As of 11 March 2022, a person may also be granted temporary protection pursuant to Temporary Protection of Displaced Persons Act. Please refer to point 1. for more information.

4. If UA citizen entered the country based on no visa regime, or based on tourist visa

4.1. What is the maximum allowed duration of stay in the country?

Citizens of Ukraine do not need a visa to enter Slovenia if they travel with a biometric passport and can stay there for 90 days in the last period of 180 days.

4.2. Are any formal procedures (registration etc.) required for the stay?

A person must register the residence within three days of crossing the border (if a person is staying in a hotel or other accommodation, the host will take care of such registration).

4.3. Is employment allowed?

Employment is not allowed based on tourist visa.

4.4. Is healthcare covered by the hosting state?

Citizens of Ukraine have the right to emergency healthcare, which includes:

– emergency medical assistance and emergency ambulance transport;

– women’s healthcare: contraceptives, terminations of pregnancy, medical care during pregnancy and at birth; and

– emergency treatment and urgent medical and dental services in accordance with the Patients’ Rights Act following the decision of the doctor, which includes the following:

o maintaining vital functions, stopping major bleeding or prevention of haemorrhage;

o prevention of any sudden deterioration in health that could result in permanent impairment of individual organs or vital functions;

o treatment of shock;

o services related to chronic illnesses and conditions, the termination of which would immediately and in a short period cause disability other permanent health impairment or death;

o treatment of fever conditions and preventing the spread of infection that could lead to septic condition;

o treatment or prevention of poisoning;

o treatment of bone fractures or sprains and other injuries where the intervention of a doctor is necessary;

o medication presented in the positive drug list prescribed for the treatment of these diseases.

For now, the health facility that provided the emergency healthcare service invoices the Ministry of Health for the service provided. Please note that regulation regarding execution in practicemay change.

4.5. What are main taxes, which shall be paid by UA citizen during the stay?

No taxes should be required to be paid in Slovenia to the extent that the UA citizen’s stay in Slovenia is of a short-term nature. Long-term stay in Slovenia may trigger a risk that a UA citizen becomes a tax resident in Slovenia. UA citizen can be deemed as a tax resident in Slovenia if either of the below conditions are met:

– his/her stay in Slovenia exceeds 183 days,

– he/she registers its permanent address in Slovenia, or

– Slovenia could be considered as the country of his/her vital interest.

* In this regard, it should be noted that the mere temporary address in Slovenia alone should not trigger a Slovenian residency.

If a UA citizen becomes a Slovene tax resident, he/she should obtain a tax number in Slovenia and would be taxed in Slovenia on its worldwide income. For income received from outside of Slovenia, tax reporting should be in such case done by the UA citizen solely, if income is received from a Slovene company, reporting should be done by the paying company.

Residency status in Slovenia should be assessed on case-by-case basis, thus we would recommend you to seek additional advice and guidance in case any person contemplates a more long-term stay in Slovenia or even if the person is forced to a longer stay due to force majeure circumstances. Given the circumstances, it may be expected from the tax authorities to take a softer approach in these cases and allow an exemption. It should be, however, to soon to make any predictions.

If the UA citizen contemplates to register a motor vehicle in Slovenia, it may be liable to pay (prior to registration) a motor vehicle tax, based on the type of the registered motor vehicle and in some cases also import VAT and customs duties. The registration of the motor vehicle is possible once the UA citizen obtains at least a temporary residence certificate in Slovenia and a type-approval certificate for the vehicle in Slovenia.

4.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

To the extent that such UA citizen is not deemed as a Slovene tax resident (please see the conditions under 3.5.), there should be no payment and reporting formalities related to taxes of the UA citizen in Slovenia.

Formalities may apply if the UA citizen works for Slovene business.

4.7. Is it possible to open and use banking account?

Generally, it is possible to open and use banking account. Different banks have different requirements for opening an account. NLB requires a person to first obtain a Slovenian tax number, whereas NKBM requires a reason for opening an account (e.g. employment, receiving financial social benefits) and an address in Slovenia.

Please note that this information may vary between different bank offices, as some do not accept clients from Ukraine due to current situation.

4.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Generally, there is no upper limit. Please note that pursuant to Prevention of Money Laundering and Terrorist Financing Act, the bank must carry out a customer review for each transaction with a value of EUR 15,000 or more, whether carried out individually or by several transactions which are clearly linked to each other. In event of such customer review, a person must be able to provide evidence of cash source (e.g. a cash withdrawal certificate from a bank abroad).

Please note that information may vary between different bank offices.

4.9. Is UA driving license accepted? If yes, for how long?

UA driving license is accepted, so generally, there is no time limit. Limitations only apply for the duration of driving license.

4.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

A document providing that the driver is entitled to drive the car (if he/she does not own the vehicle), vehicle registration document (licence), green card (an international certificate of motor third-party liability insurance, providing cover to the extent provided for by the relevant law on compulsory motor third-party liability insurance in Slovenia) and if driving on the highway, it is necessary to buy e-vignette.

4.11. What is required to sell a car brought from Ukraine in your country?

A car brought from Ukraine may be sold in Slovenia and the vehicle must then be registered in Slovenia. To sell a vehicle, you need to conclude an agreement, have a foreign vehicle registration document (licence), a foreign type-approval and a vehicle must also be type-approved in Slovenia.

Such sale is subject to motor vehicle tax.

Vehicle from Ukraine may also get registered in Slovenia before it is sold. For registering the vehicle, a person must have permanent or temporary residence in Slovenia and provide all other relevant documentation. More information on registering the vehicle in Slovenia is available here and here.

4.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

No special regulations. If you reside in Slovenia based on tourist visa, your child cannot be enrolled into a kindergarten.

4.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

No special regulations. If you reside in Slovenia based on tourist visa, your child cannot be enrolled into school.

4.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No special regulations. If you reside in Slovenia based on tourist visa, you cannot be enrolled into university.

4.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

4.16. Are there any special regulations applied to disabled persons?

No special regulations.

4.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

No state program for tourist visa stay.

4.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

No such program for tourist visa stay.

4.19. Any other important information.

5. If UA citizen entered the country aiming to get temporary residency permit

5.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

First temporary residence permit in the Republic of Slovenia must generally be obtained before entry into the country. It must be submitted at any diplomatic mission or consulate of the Republic of Slovenia abroad.

In Slovenia, you can apply for the first residence permit:

– if you already reside here on the basis of a long-stay visa (not applicable for application for first single permit, see exemptions bellow);

– if you already legally reside here, have the purpose of studying in Slovenia and submit proof of enrolment in studies;

– if you already legally reside here, you are a researcher, a higher education teacher or higher education co-worker (eg. assistant) and you have a hosting agreement with a research organization or a higher education institution in Slovenia;

– if you have a valid intra-corporate transferee single permit issued in another EU country and you will be transferred within the company to Slovenia for over 90 days (submit your application within 30 days of entering Slovenia);

– if you have long-term resident status in another EU country and you want to reside in Slovenia for employment, work, self-employment, seasonal work or as a daily migrant worker (submit your application within 90 days of entering Slovenia);

– if you are the holder of an EU Blue Card issued in another EU country and have resided there for the last 18 months (submit your application within 30 days of entering Slovenia);

– if you already legally reside in Slovenia and wish to be employed or work, you may apply for first single permit only in case if you are:

o coach, professional sportsperson or registered person working at the sports field and with a valid agreement of working for a club or organisation in Slovenia;

o a person who intends to work in Slovenia as a priest or convict in the context of activities of the religious community or a person who intends to organise caritative or humanitarian activity and supports its application with an evidence;

o correspondent or reporter of the foreign media with accreditation in Slovenia;

o a person that states the economic interest for Slovenia based on opinion of the competent authority;

o a person that states interest of Slovenia on the field of education, science or culture, based on the opinion of the competent authority.

An application must be submitted to the competent administrative unit (i.e. where an individual intends to or already resides, where the employer is established or where he/she will be or is already working) Once you file an application, the administrative unit will issue a certificate, which applies as a temporary residence permit.

An application is filed by an individual for themselves or by an authorized person. For minors, an application is submitted by their legal representatives. If the purpose of the stay in Slovenia is employment, work, transfer (including the EU Blue Card), an application may also be submitted by employer. If the purpose of the stay in Slovenia is to work in research or higher education, an application may be submitted by a research institution or a higher education institution.

Please note that a person whose international protection status (i.e. refugee status) has been terminated may, within eight days of the termination of international protection status, apply to the competent authority in the Republic of Slovenia for a temporary residence permit.

A person with granted subsidiary protection status who has not submitted an application for the extension of subsidiary protection or an application for the reopening of the procedure may, within 30 days before the expiry of subsidiary protection, apply to the competent authority in the Republic of Slovenia for the issue of a temporary residence permit.

Detailed information regarding temporary residency permit is available here. Please also see point 2.2. above.

5.2. Assuming the temporary residency permit is granted:

5.2.1. What is the maximum allowed duration of stay in the country?

Maximum allowed duration is for the time of validity of residence permit. A temporary residence permit is issued for the period required to fulfil the purpose of the stay, but for no longer than one year. A residence permit may also be extended, whereas an application to extend a permit must be submitted prior to the expiry of the permit, and under the same conditions as it is issued.

An individual who holds a temporary residence permit and does not require a visa to enter the Republic of Slovenia may reside in the Republic of Slovenia for a maximum of 90 days after the expiry of the residence permit, unless he/she is obliged to leave the Republic of Slovenia on the basis of a decision of the competent authority.

5.2.2. Are any formal procedures (registration etc.) required for the stay?

A person must register the residence within three days of crossing the border (if a person is staying in a hotel or other accommodation, the host will take care of such registration).

5.2.3. Is employment allowed?

Temporary residence permit means a permit to enter and stay in Slovenia for a fixed period of time and for a fixed purpose, so employment is not allowed based solely on temporary residency permit. For employment, a single permit which allows third-country nationals to enter, stay and work in Slovenia must be obtained.

For individuals residing in Slovenia on the basis of a temporary residence permit for the following purposes: family reunification with a Slovenian citizen, person of Slovenian origin, victim of human trafficking or victim of illegal employment can obtain single permit in a simplified procedure.

5.2.4. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Citizens of Ukraine have the right to emergency healthcare. Please refer to point 4.4. regarding healthcare for citizens of Ukraine.

Generally, compulsory health insurance in Slovenia covers insurance for insured persons and members of their families insured through them. Insured persons are persons engaged in a employment relationship in Slovenia, persons carrying out an independent economic or professional activity in the territory of the Republic of Slovenia, farmers, members of their households and other persons engaged in agricultural activity in the Republic of Slovenia, top athletes and top chess players – members of physical culture and chess organisations in the Republic of Slovenia etc. As family members are insured immediate family members (spouse, partner, and divorced spouse, and partner who has been awarded maintenance by a court decision, children) and extended family members (stepchild, grandchild, brother, sister and other children without parents, parent).

Children under 18 years of age who are attending school and are not insured as family members are included in compulsory health insurance. A person who is allowed to stay in Slovenia has the right to emergency health care. A minor who is allowed to stay in Slovenia is entitled to healthcare to the same extent as a child who is compulsorily insured as a member of the family. A child attending school after the age of 18 is also entitled to the same level of health care until the end of his/her schooling, but no later than until the age of 26.

5.2.5. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6. Upon entering Slovenia, either based on tourist visa regime or temporary residency permit, UA citizens are considered as Slovene tax non-residents and thus have no tax obligations. They can, however, become tax residents if (once) the conditions explained under question 3.5 are met.

5.2.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under question 3.5 and 3.6.

5.2.7. Is it possible to open and use banking account?

The same applies as explained under question 4.7.

5.2.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under question 4.8.

5.2.9. Is UA driving license accepted? If yes, for how long?

The same applies as explained under question 4.9.

5.2.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 4.10.

5.2.11. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 4.11.

5.2.12. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

Generally, a person who has been residing in the Republic of Slovenia for the last two years on the basis of a temporary residence permit and who has been issued a temporary residence permit with a validity of at least one year has the right to reunite, maintain and regain the integrity of his/her family with his/her family members. To be granted this right, an application must be submitted.

The child of a foreigner born in Slovenia who does not acquire Slovenian citizenship does not need a residence permit for the first three months after birth. Within three months of the child’s birth at the latest, a residence permit is issued ex officio, which is valid or renewed ex officio for as long as the child’s mother, father or guardian holds or renews the permit, until the child reaches the age of 18.

Generally, parents have the right to choose between public and private kindergartens and between different educational programmes. This means they can choose any kindergarten in any municipality and are not bound to their place of residence. When enrolling a child in a kindergarten, parents must disclose a doctors’ certificate regarding the child’s health. Enrolment in kindergartens takes place throughout the year, and a kindergarten can admit a child once the child has reached the age of at least 11 months. Applications for kindergarten are only open once a year. There may be more applications than there are places available, in which case a special committee decides on admission. The rules are same for all children, regardless of citizenship and/or refugee or any other status. For enrolling a child into kindergarten, a child and parents must have Slovenian personal identification number (EMŠO) and pay the full price for kindergarten.

Please note that the Ministry of Education, Science and Sport is currently conducting activities related to the preparation of protocols and the establishment of procedures regarding kindergartens for migrants from UA, so the terms may change in the future.

5.2.13. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

As mentioned in the 4.2.12., within three months of the child’s birth at the latest, a residence permit is issued ex officio, which is valid or renewed ex officio for as long as the child’s mother or the child’s father or guardian holds or renews the permit, until the child reaches the age of 18.

Children who are foreign citizens or stateless persons residing in the Republic of Slovenia have the right to compulsory primary education (primary school) under the same conditions as citizens of the Republic of Slovenia. Primary school lasts for nine years.

In the event of the enrolment of school-age children with foreign educational documents in primary school in Slovenia, the primary school determines which grade the child will be enrolled in on the basis of the provided documents. In doing so, the school takes into account the evidence of previous education and the age of the child. The school may also take into account the child’s knowledge of the Slovenian language. Parents must enrol their children in the first year of primary school if they will be 6 years old in the calendar year in which they start school.

5.2.14. Foreign citizens may pursue high school under the same conditions as citizens of the Republic of Slovenia if they pursue their education on the basis of the principle of reciprocity or if, at the time of enrolment, they or at least one of their parents or guardians is a resident of the Republic of Slovenia in accordance with the Personal Income Tax Act (e.g. is officially registered as resident in Slovenia; was a resident of Slovenia in any period of the previous or current year and is staying outside Slovenia for employment purposes, has his/her habitual residence or the centre of his/her personal and economic interests in Slovenia or is present in Slovenia for a total of more than 183 days etc.).

More information regarding schools is available here.

5.2.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

No special regulations.

Subject to the principle of reciprocity, foreign citizens may study at higher education institutions (universities) in Slovenia under the same conditions as citizens of the Republic of Slovenia.

5.2.16. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

5.2.17. Are there any special regulations applied to disabled persons?

No special regulations.

5.2.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Free Slovenian language courses are available if:

– a person is residing in the EU on the basis of a permanent residence permit and your family members, if they have a residence permit issued in the EU for the purpose of family reunification;

– a person has been granted a temporary residence permit for a continuous period of at least 24 months, and the family members if they are staying for the purpose of family reunification;

– a person is a family member of a Slovenian or EEA national and is residing in Slovenia on the basis of a residence permit for a family member,

– a person is residing in Slovenia on the basis of a temporary residence permit, valid for at least one year.

More information on free Slovenian language courses is available here.

5.2.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

There is no special state program that supports cash payments to UA citizens.

5.2.20. Are there any restrictions to leave the country?

There are no restrictions.

5.2.21. Any other important information.

6. If UA citizen entered the country aiming to get permanent residency permit

6.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside, after a certain period of continuous and lawful residence in Slovenia (usually five years of legal residence).

Please refer to point 2.3. for more information regarding permanent residency permit.

6.2. Assuming the permanent residency permit is granted:

6.2.1. What is the maximum allowed duration of stay in the country?

A permanent residency permit is issued without any restrictions on the duration and purpose of the stay in Slovenia.

6.2.2. Are any formal procedures (registration etc.) required for the stay?

Permanent residence must be declared by the person holding the permanent residence permit within eight days of the date of settlement, at the address where they are permanently staying. The registration of permanent residence is in the competence of the administrative unit in which area the person is registering his/her permanent residence.

6.2.3. Is employment allowed?

Employment is not allowed based solely on temporary residency permit. For employment, a single permit which allows third-country nationals to enter, stay and work in Slovenia must be obtained.

Individuals residing in Slovenia on the basis of permanent residence permit can obtain single permit in a simplified procedure.

6.2.4. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

The same applies as explained under question 5.2.4.

6.2.5. What are main taxes, which shall be paid by UA citizen during the stay?

Once the UA citizen obtains a permanent residence in Slovenia, he/she should be considered as a Slovene tax resident. This should usually be the case if at the same time the permanent residency in Ukraine is de-registered or it the permanent residency in Ukraine remains to be registered but it can be considered that the centre of vital interest of the UA citizen should be in Slovenia (based on the location of the family, etc.).

If a UA citizen becomes a Slovene tax resident, he/she should obtain a tax number in Slovenia and would be taxed in Slovenia on its worldwide income (received from businesses in Slovenia and abroad). For income received from outside of Slovenia, tax reporting should be in such case done by the UA citizen solely (via monthly reporting). If income is received from a Slovene company, reporting should be done by the paying company via its payroll system.

If the UA citizen contemplates to register a motor vehicle in Slovenia, it may be liable to pay (prior to registration) a motor vehicle tax, based on the type of the registered motor vehicle and in some cases also import VAT and customs duties. The registration of the motor vehicle is possible once the UA citizen obtains at least a temporary residence certificate in Slovenia and a type-approval certificate for the vehicle in Slovenia.

6.2.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

As explained under question 5.2.5, the Slovene tax resident should report income received from outside of Slovenia with the submission of monthly tax returns. Based on the submitted reports, UA citizen pays the personal income tax in Slovenia. Tax paid outside of Slovenia on this income may be used to reduce the tax base in Slovenia, in accordance with the provisions of the applicable double tax treaty.

6.2.7. Is it possible to open and use banking account?

The same applies as explained under question 4.7.

6.2.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under question 4.8.

6.2.9. Is UA driving license accepted? If yes, for how long?

The same applies as explained under question 4.9.

6.2.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 4.10.

6.2.11. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 4.11.

6.2.12. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

A permanent residence permit is issued ex officio to a child, provided that at least one of the parents has a permanent residence permit in Slovenia or whose guardian is a Slovenian citizen or a foreigner with a permanent residence permit in Slovenia.

Please refer to point 4.2.12. above for more information regarding kindergartens.

6.2.13. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

As mentioned above, a permanent residence permit is issued ex officio to a child, provided that at least one of the parents has a permanent residence permit in Slovenia or whose guardian is a Slovenian citizen or a foreigner with a permanent residence permit in Slovenia.

Please refer to point 4.2.13. above for more information regarding schools.

6.2.14. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

No special regulations.

Please refer to point 4.2.14. for more information regarding universities.

6.2.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

6.2.16. Are there any special regulations applied to disabled persons?

No special regulations.

6.2.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Free Slovenian language courses are available. Please refer to point 5.2.17. for more information.

6.2.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

There is no special state program that supports cash payments only to UA citizens.

In Slovenia, there is several general options of cash payments. One of them is financial social assistance that is intended to meet the minimum subsistence needs.

You qualify for financial social assistance if you have permanent residence in Slovenia and a permanent residence permit was issued to you in Slovenia, or if you can claim social assistance and protection allowance on the basis of international instruments binding on the Republic of Slovenia. The terms for obtaining it are the following: you do not have sufficient resources for subsistence, you do not have assets and savings that would enable you to survive, you are unable to provide for your own subsistence through work, employment rights or insurance, income from property and other sources or benefits (e.g. unemployment benefits) or through the assistance of those who are obliged to support you, and you are actively solving your social problems (e.g. you are registered as unemployed with the Employment Service of the Republic of Slovenia). The amount depends on various circumstances, i.e. income, number of family members, assets, savings etc.

Another option is child allowance which is a supplementary allowance for the maintenance, education and upbringing of a child. The right to child allowance may be granted to one parent or another person (guardian) for a child who is a registered resident of Slovenia, until the child reaches the age of 18.

6.2.19. Are there any restrictions to leave the country?

There are no restrictions.

6.2.20. Any other important information.

7. If UA citizen entered the country aiming to get refugee status

7.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

UA citizen must apply for international protection (refugee status or subsidiary protection) on the same day or as soon as possible after arriving to Slovenia. A person can state the intention to apply for international protection to any government body or local authority, which then notifies the police. The police fills out a registration form and take you to asylum centre, where a person is subject to sanitary-disinfection examination, medical examination, photographing and fingerprinting. Then, information on rights and obligations and rules of procedure for internal protection are provided. The information is provided in a language that a person understands.

An official of the Ministry of the Interior of the Republic of Slovenia will accept the application for international protection. An interpreter for a language a person understands will also participate in the process.

After submitting the application, a person is accommodated in the accommodation unit of the asylum centre or in other premises belonging to the asylum centre.

If Slovenia is responsible for considering the application for international protection, it will first be checked if it can be dealt with in an accelerated procedure. The accelerated procedure is a shortened procedure in which the Ministry of the Interior of the Republic of Slovenia rejects the application with a decision as manifestly unfounded because the applicant clearly does not fulfil the conditions for the recognition of international protection.

If there is no reason to consider the application for international protection in an accelerated procedure, the application for international protection will be dealt with in the ordinary course of proceedings. One or more personal interviews will take place.

A decision on the application is made as soon as possible, in the ordinary course of proceedings, no later than six months, and in the accelerated procedure, no later than two months after the submission of the application.

In the event of a delay, the Ministry of the Interior of the Republic of Slovenia must inform you in writing of the reasons for the delay and inform you of when you can expect a decision.

7.2. Assuming the refugee status is granted:

7.2.1. What is the maximum allowed duration of stay in the country?

A person who has been granted refugee status in Slovenia is also entitled to a permanent residence in Slovenia from the date of the decision granting the status.

A decision granting or extending subsidiary protection in Slovenia is valid as a temporary residence permit in Slovenia, for the duration of that protection.

7.2.2. Are any formal procedures (registration etc.) required for the stay?

7.2.3. Is employment allowed?

Employment is allowed.

You have the right to a free access to labour market nine months after submitting the application if in the meantime you did not receive the decision on your application.

The right to free access to the labour market is still applicable even when a person is staying in Slovenia on the basis of a certificate of a timely application for an extension of their residence permit or status.

7.2.4. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

The same applies as explained under question 5.2.4.

7.2.5. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6. Upon entering Slovenia UA citizens should be considered as Slovene tax non-residents and thus have no tax obligations. They can, however, become tax residents if (once) the conditions explained under question 3.5 are met.

7.2.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under question 3.5 and 3.6.

7.2.7. Is it possible to open and use banking account?

The same applies as explained under question 4.7.

7.2.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under question 4.8.

7.2.9. Is UA driving license accepted? If yes, for how long?

The same applies as explained under question 4.9.

7.2.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 4.10.

7.2.11. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 4.11.

7.2.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

The child of a person granted international protection in the Republic of Slovenia, born in Slovenia, and who did not obtain Slovenian citizenship, is ex officio granted a permanent residence permit, provided that at least one of the parents or guardians has been granted international protection.

Please refer to point 4.2.12. above for more information regarding kindergartens.

Minors (children under the age of 18) who arrive in Slovenia on their own are assigned a legal representative before the start of the procedure for international protection. Legal representative takes care of the minor’s interests throughout the procedure and is present during all steps in the procedure. Minors are also guaranteed access to learning Slovenian language. Minors have the right to education, health care and leisure activities.

7.2.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

Special regulations apply to minors. Please refer to previous answer for special regulation that apply to minors.

Please refer to point 4.2.13. above for more information regarding schools.

7.2.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No special regulations.

Please refer to point 4.2.14. for more information regarding universities.

7.2.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

7.2.16. Are there any special regulations applied to disabled persons?

Within the sanitary and disinfection and preventive health examination, an assessment is made as to whether the applicant has special reception needs or needs special guarantees in the procedure, and the nature of those needs is assessed. The special needs may also be identified at any later stage in the international protection procedure.

Applicants with special reception needs are accommodated in terms of their material reception conditions, medical and psychological counselling and care. Applicants who need special guarantees in the procedure are provided with appropriate support to enable them to enjoy the rights and fulfil the obligations in relation to the international protection procedure.

Such person receives personalised accommodation, medical care, nutrition, material care and psychological counselling. In accordance with the nature of the special needs assessed, a person is provided with interpretation in the international protection procedure by the Ministry of the Interior and with the assistance of an appropriate expert to help him/her to be able to participate in the international protection procedure. If the applicant is deaf, the Ministry provides him/her with a sign language interpreter. If the applicant is unable to express himself/herself either orally or in sign language, the Ministry provides him/her with the possibility to express himself/herself in another way. The Ministry shall allow the applicant more time to prepare for the personal interview. If necessary, the personal interview may also be conducted in parts.

7.2.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

After the application is submitted, a person is accommodated in an asylum centre or its branch.

The agreement on integration activities can be concluded between the Government Office for the Support and Integration of Migrants and the person with granted international protection. They must include the activities aimed at facilitating and accelerating the integration of individuals with granted international protection into the environment. The agreement shall be drawn up in cooperation with the person with granted international protection, taking into account the needs, knowledge, capacities and abilities of the individual. Pursuant to this agreement, a person may be entitled to accommodation in an integration house or other accommodation provided by the Office, cash allowance for private accommodation, a course to get to know Slovenian society, Slovenian language course, a Slovenian language test, coverage of other costs related to the training, translation costs related to the recognition and evaluation of the training on the basis of appropriate evidence, and covering the costs related to the recognition and evaluation of education when formal education cannot be proven by documents. Please note that such agreement and aforementioned programmes / financing are individually agreed upon.

7.2.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

An applicant who does not have his/her own means of subsistence equal to the amount of the basic minimum income and is accommodated in an asylum home shall be provided with food, clothing and footwear, and hygiene products.

An applicant who has no means of subsistence of his/her own and whose subsistence is not otherwise guaranteed shall be entitled to a allowance in an amount determined by the Government of the Republic of Slovenia (currently around EUR 20). The allowance is paid by the Office to the applicant monthly in respect of the preceding month. The applicant shall be entitled to the allowance until the final conclusion of the procedure for recognition of international protection.

7.2.19. Are there any limitations to leave the country?

Generally, there are no limitations.

The applicant may be subject to a compulsory detention order on the premises of the asylum centre or its branch for the following reasons:

– to verify or establish his identity or nationality;

– to establish certain facts on which the application for international protection is based, which could not be obtained without the imposed detention, and there is a risk that the applicant will flee;

– where, prior to the submitting of the application, his/her movement was restricted for the purpose of return proceedings, or prior to the execution of expulsion or a measure prohibiting entry, in order to carry out and enforce return or removal proceedings, and there are reasonable grounds to believe that he/she made the application only to delay or obstruct the execution of the removal proceedings, when he/she had the possibility to apply for international protection;

– where a threat to the security of the State or the constitutional order of the Republic of Slovenia is being prevented or is strictly necessary for the protection of personal safety, the security of property or other comparable reasons of public order.

7.2.20. Any other important information.

8. Language issues

8.1. What languages can be used for communication in your country?

Slovene is the official language in Slovenia. In areas where, in addition to Slovenians, there are also members of the Italian or Hungarian minority, the official language is also Hungarian or Italian. English language (as well as Croatian/Serbian) can be used for communication almost everywhere.

9. Upcoming or expected legislative changes

9.1. Do you expect any major changes to the relevant legislation?

We expect systematic solutions for some upcoming problems, e.g. kindergartens.

10. Local help resources

10.1. Please provide links and brief descriptions to any local helpful resources.

Refugees from Ukraine who travel to or through Slovenia and find themselves in trouble on Slovenian roads can get free AMZS roadside assistance by calling +386 1 5305 353.

Assistance to citizens of Ukraine

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm Tuca Zbarcea & Asociatii upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

(1) Entering the country

1.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

As of 25 February 2022, there is no requirement to quarantine or undertake/provide a certificate of Covid-19 vaccination or valid PCR test to enter Romania from Ukraine. Also, as of 8 March 2022, quarantine is no longer mandatory for individuals entering Romania from all other countries.

1.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

The general rules for entering Romania essentially provide that:

1. Ukrainian citizens holding biometric passports are allowed to enter Romania without a visa and may stay in Romania for up to 90 days.
2. Ukrainian citizens holding non-biometric passports are allowed to enter Romania only if they have a visa;
3. Ukrainian citizens without passports (including citizens holding other ID identifications, or citizens without any ID identification) are allowed to enter Romania if they apply for the asylum procedure.

As far as we know, considering the war situation, Romanian authorities have been more lenient and accepted any valid passports (valid biometric or non-biometric passports) to allow the Ukrainian citizens to enter Romania. It seems that Ukrainian citizens with other ID documents (national IDs, birth certificates) or without any ID documents are still required to apply for the asylum procedure. However, please be aware that this is a practice adopted by the Romanian authorities in this specific context is not entirely in line with the laws and procedures currently in force; thus, this practice may be subject to change at any time.

1.3. Is entry without passport allowed?

Yes. UA citizens may enter without passport or ID identification if they apply for the asylum procedure.

Generally, any foreigner can apply for the asylum procedure (including Ukrainian citizens who entered Romania based on valid passports). Once a foreigner applies for the asylum procedure, he/she gains the status of an asylum seeker. A foreigner is considered an asylum seeker from the moment the person expresses his/her will (either orally or in writing) to the competent authorities from which it results that this person requests the protection of the Romanian State. Even if ID documents are missing, no one should be denied access to the asylum procedure – to sole manifestation of will made in this respect to the competent authorities triggers the asylum procedure and therefore confers the status of asylum seeker.

The asylum seeker only has limited rights during the asylum procedure. Expulsion, extradition or forced return measures cannot be taken against the asylum seeker. The asylum granting procedure may last up to 9 months to be completed.

The decision on the application for the asylum procedure will be issued by the Romanian National Council for Refugees, by which:

(a) recognizes the refugee status of the applicant;

(b) grants subsidiary protection to the applicant;

(c) rejects the application for the asylum procedure.

Thus, the refugee status is only acquired by the asylum seeker only if the application for asylum procedure is approved and the asylum seeker meets the requirements to become a refugee, which are provided by the Geneva Convention. If the applicant does not meet the requirements for refugee status, under certain conditions, subsidiary protection may be granted.

Both the refugee status and the subsidiary protection are forms of international protection through which the Romanian state protects the foreigner against expulsion, extradition or return to their country of origin or to any state where their life or freedom would be endangered or where he would be subjected to torture, inhuman or degrading treatment. Both the refugee status and subsidiary protection shall be granted for an indefinite period and the applicant shall receive a temporary identity document from the Romanian authorities.

Once the refugee status is granted, the beneficiary will gain extra rights, out of which the most relevant are:

(a) to remain on the territory of Romania and to obtain a residence permit and a travel document for crossing the state border. The refugee is assigned a personal numerical code, which is included in the residence permit and in the travel document for crossing the state border;

(b) to be employed by individuals or companies, to exercise non-salaried activities, to exercise liberal professions and to carry out legal acts, to carry out commercial acts and deeds, including independent economic activities, under the same conditions as Romanian citizens;

(c) to establish legal residence in Romania, according to the legislation on the legal status of foreigners.

In addition, the Council of the European Union has adopted an implementing decision introducing temporary protection due to the mass influx of persons fleeing Ukraine as a consequence of war (available here), under which Ukrainian citizens will benefit from temporary protection if they resided in Ukraine before or on 24 February 2022, for an initial period of one year, which may be extended.

Therefore, under the current applicable legislation, Ukrainian citizens may stay in Romania without taking further immigration steps, as follows:

(a) Ukrainian citizens holding biometric passports – a maximum of 90 days during any period of 180 days preceding each day of stay on the territory of Romania;

(b) Ukrainian citizens who applied for asylum procedure – throughout the asylum procedure, until the expiry of a period of 15 days from the completion of the asylum procedure, except where the asylum application has been rejected following the accelerated or border procedure, in which case the foreigner must leave Romania as soon as the asylum procedure has been completed;

(c) Beneficiaries of international protection (asylum applicants who have been granted refugee status or subsidiary protection following the approval of their asylum application) – unlimited period of time;

(d) Beneficiaries of temporary protection – one year; may be subject to further extension for another year.

1.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

According to the legal framework, the application for asylum shall be submitted as soon as:

(a) the applicant presented himself/herself at a checkpoint for crossing the state border, including in the transit area;

(b) the applicant has entered the territory of Romania;

(c) events have occurred in the applicant’s country of origin, which determines him to request protection for the alien with the right to stay in Romania.

Entry in the country by the UA citizens on the basis of a national identity document, birth certificate or on the declared identity is immediately preceded by the application for the asylum procedure. Further, Ukrainian citizens who enter Romania based on biometric passport or non-biometric passport with visa can apply for the asylum procedure right after entering Romania.

(2) Stay in the country

2.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

A UA citizen who enters Romania based on a visa-free regime (with a biometric passport), may stay in Romania for up to 90 days within a period of 180 days.

2.2. Are temporary residency permits available for UA citizens?

Temporary stay permits are available for UA citizens. Residence documents are granted by the Romanian authorities according to the purpose of stay in Romania (for local employment/ assignment/ family reunification/ study etc.), on the basis of a long-stay D-type visa previously obtained by the UA citizen. The extension of the right of stay in Romania shall be applied for at least 30 days prior to the expiry of the validity of the long-stay visa. The residence documents are issued within 30-45 days of the application and valid for up to 12 months, extendable. The residence permit is mandatory if the stay in Romania exceeds 90 days within a 6-month period.

Still, under the recent legal framework, as of 8 March 2022, long-stay visa for employment purposes is no longer required for UA citizens who enter Romania legally (and who does not apply for the asylum procedure), hence, the UA citizen who is employed on the Romanian territory may submit documentation to obtain the temporary residency permit, without having to present the long-stay visa D-type for employment purposes.

2.3. Are permanent residency permits available for UA citizens?

Long-stay permits are available for UA citizens and are granted for indefinite term. To be eligible to obtain a long-term right of residence in Romania, among others, the UA citizen must have had an uninterrupted and legal stay in Romania for the previous 5 years. Also, the UA citizens must have knowledge of the Romanian language – conversational level.

2.4. Is refugee status available for UA citizens?

Yes, please check the response to item (1).1.3. above.

2.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

Yes, please check the response to item (1).1.3. above.

(3) If UA citizen entered the country based on no visa regime, or based on tourist visa

3.1. What is the maximum allowed duration of stay in the country?

If the UA citizen entered Romania based on no visa regime (by holding a biometric passport) or based on tourist visa (short-stay visa), the UA citizen may stay in Romania up to 90 days.

3.2. Are any formal procedures (registration etc.) required for the stay?

No, UA citizens holders of biometric passports or passports with visa may enter Romania without other formalities, as long as their stay does not exceed the 90-days period indicated above.

3.3. Is employment allowed?

Yes. Ukrainian citizens who enter Romania legally and who do not apply for the asylum procedure, may be employed in Romania without a work permit or long-stay visa for employment. Ukrainian citizens’ right to work and stay in Romania may be extended (over the 90-day period mentioned above) by requiring the extension of the long-stay permit (no long-stay visa for employment shall be required in their case).

In order to be employed, the Ukrainian citizens fleeing the war are required to provide documents showing that they meet the conditions of professional training and experience in the activity to be performed. Ukrainian citizens who do not hold documents proving their professional training or experience required for certain positions, shall be employed for a period of 12 months, with the possibility of extension with 6 months-periods for maximum one year, after signing an affidavit. The affidavit shall state that the Ukrainian citizen meets the conditions of professional training and experience in the activity to be performed and that he/she does not hold a criminal record incompatible with the activity to be performed on the Romanian territory. However, there are certain professions that cannot be performed by Ukrainian citizens on the territory of Romania unless submitting the required documentation, such as, doctors, lawyers, pharmacist, pilot, tax consultant.

To verify the employee’s professional skills, the employer may establish a probationary period as regulated by the Romanian Labour Code (of maximum 90 calendar days for non-management positions or of maximum 120 calendar days for management positions).

Aside from the above, foreigners and stateless persons who enter Romania from Ukraine and who do not require a protection status under the asylum law (refugee, subsidiary protection), shall benefit during their temporary stay from medical assistance, transportation, meals, clothes, personal hygiene items, education for minors. The same rights will also be granted to the beneficiaries of the Council Implementing Decision (EU) 2022/382 of 4 March 2022, who enjoy temporary protection (i.e., Ukrainian nationals residing in Ukraine before 24 February 2022; stateless persons, and nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022; the family members of the aforementioned).

3.4. Is healthcare covered by the hosting state?

Yes, free medical assistance and care services similar to those available to Romanian citizens, for a period of 90 days, if the entry into Romania meets the legal conditions.

3.5. What are main taxes, which shall be paid by UA citizen during the stay?

UA citizen arriving in Romania who stays in Romania for a period exceeding a total of 183 days, during any period of 12 consecutive months, which ends in the calendar year concerned, has the obligation to fill in the form “Questionnaire for establishing the tax residency of the individual upon arrival in Romania”. Non-resident individuals must register the questionnaire with the competent central tax authority, within 30 days from the end of the 183-day term of presence in Romania.

If an individual becomes resident in Romania only for a period of a fiscal year, this individual has a full tax liability in Romania only for that period of the year of the fiscal year in which the UA citizen is considered resident.

For the period of the fiscal year, respectively from the date of arrival in Romania until the date on which the UA citizen becomes resident in Romania, the individual is considered non-resident, being subject to tax only for income obtained from Romania (tax income and social contributions).

The main elements that are taken into account in order to establish the residency, according to the Fiscal Code, are:

(a) domicile in Romania;

(b) permanent housing in Romania, which may be owned or rented;

(c) vital interests located in Romania;

(d) the individual is present in Romania for a period exceeding a total of 183 days, during any period of 12 consecutive months in the calendar year concerned.

3.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

A non-resident entity may employ Romanian individuals for carrying out activities on the Romanian territory. Nonetheless, issues may arise in practice as regards the applicable law governing the employment contract. Although normally the employment contract would be governed by the law chosen by the parties, still the employees may not be deprived of the protection afforded by the mandatory provisions regulated by Romanian law (which, in the absence of choice, would have been applicable).

The reporting and payment obligations with respect to the social security contributions due in Romania for salaries paid by the non-resident company may be performed as follows:

(a) With agreement. The non-resident employer may conclude an agreement regarding the reporting and payment of the social security contributions, allocating this responsibility to the concerned employees.

In such case the obligation to withhold, declare and pay monthly the social security contributions due by both the employees and the employer lays with the employees, and the employer’s sole obligation is to inform the tax authorities on the agreement concluded between the company and the employee in this respect. Therefore, the concerned employees should register for tax purposes and consequently will have the obligation to submit monthly the tax return in order to declare the income tax and the social security contributions due in connection with the salaries obtained.

(b) Without agreement. The non-resident employer does not conclude such agreement with the concerned employees regarding the reporting and payment of social security contributions, thus retaining the reporting and payment obligations with respect to social security contributions

In such case, as a general rule, the non-resident company has to register in Romania directly or through a proxy in order to report and pay the employer and employee social security contributions. The direct registration is allowed in case of (i) taxpayers residents in EU or the European Economic Area, (ii) taxpayers resident in a state which is part of an international legal instrument signed by Romania and which contains provisions on administrative cooperation in the field of taxation and recovery of tax receivables.

On a side note, Ukrainian employees could decide to offer employees the opportunity to work remotely from Romania on a temporary basis by obtaining the so-called “nomad visa”. Beneficiaries of the nomad visas need to be employed by a foreign company or offer services through a self-owned company located outside of Romania and need to prove that they observe the requirements provided by the law. The most important requirement is that the employee provides proof that for 6 months before applying for the visa and for the period of time requesting the visa, the “digital nomad” earns around 3,300 EUR per month (the minimum salary income that have been set at by the law is at three times the Romanian monthly gross average salary, roughly 1,100 EUR). The activities generating such income shall be performed remotely by using the information and communication technology. In order to obtain such visa, the digital nomads shall submit to the Romanian diplomatic missions and consular offices from Ukraine a couple of documents provide by the law (legalized translation in Romanian of their employment contract, letter of intent etc.).

3.7. Is it possible to open and use banking account?

Naturally, the conditions for opening a bank account are different for a non-resident. In this category we are talking about foreigners, without Romanian citizenship, with tax residence in another country. Conditions may vary by bank. However, in the present context, there are several banks that support the UA, facilitating the opening of a bank account without heavy conditions.

For instance, refugees from Ukraine can open a current account with a debit card attached to the LEI at Raiffeisen Bank, free of charge. Opening a current account in LEI with a debit card attached can be done in all branches of the bank, based on the Ukrainian identity card or valid passport.

At Transilvania Bank, the opening of a banking account is based on a Ukrainian passport / identity card, accompanied by a certified translation. Commission 0 for opening and administration.

ING Romania offers Exclusive benefits for Ukrainian citizens: (i) zero fees and commissions for this account / card regardless of income; (ii) opening of an account in RON or EUR or USD; (iii) opening the relationship only based on the identity document; (iv) online translation service.

3.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Reporting entities have the obligation to report to the Office transactions in cash, in lei or in foreign currency, the minimum limit of which is the RON equivalent of 10,000 euros, including related transactions.

Credit institutions and financial institutions shall report on external transfers to and from the accounts, in lei or in foreign currency, the minimum limit of which shall be the equivalent of EUR 10,000 in lei, including related transactions.

The report shall be sent to the Office no later than 3 working days from the time of the transaction.

The Office is the authority that coordinates the assessment of the risks of money laundering and terrorist financing at the national level.

3.9. Is UA driving license accepted? If yes, for how long?

In accordance with Article 83 paragraphs (1) and (2) of the Emergency Ordinance no. 195/2002 regarding the traffic on public roads “They have the right to drive vehicles on public roads in Romania, if they meet the conditions provided in art. 20 and art. 23 para. (1), holders of valid national driving licenses issued by the authorities:

a) Member States of the Convention on Road Signs and Signals, provided for in art. 82 para. (2) ;

b) the Member States of the European Union;

c) the states with which Romania has concluded a treaty on the mutual recognition of driving licenses.”

To drive a vehicle in Romania, persons who hold a national driving license issued by the authorities of a state that is not a signatory to The Convention on Road Traffic or a member of the European Union or with which Romania has not concluded a treaty on the recognition reciprocal driving licenses must also possess international driving license.

Ukraine signed The Convention on Road Traffic, therefore, they are allowed to drive vehicles based on their driving license issued, for undetermined time.

3.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The main rules to this end are the ones established in the Emergency Ordinance no. 195/2002 regarding the traffic on public roads.

Vehicles registered in other states may cross the state border and run on public roads in Romania, if they meet the technical conditions provided for in The Convention on Road Traffic, but only for the period during which they are insured for civil liability cases as a result of damages caused by motor vehicle accidents.

Also, vehicles, agricultural or forestry tractors and trailers registered in other states, owned by persons having their headquarters or domicile in Romania, may be driven on public roads for a maximum period of 90 days from their introduction in the country if they are insured for the cases liability as a result of damage caused by traffic accidents.

Persons who have established their domicile or residence in Romania may register their motor vehicles or trailers with the competent authority within which they have their domicile or residence, as the case may be.

3.11. What is required to sell a car brought from Ukraine in your country?

So far, there is no derogation from UA citizen with respect to facilitating the selling of their cars on Romanian territory.

Therefore, the general rules applying to this transaction are the ones applying to a sell of goods outside from E.U.

Please be aware that Romanian legislation foresees a standard form “Contract for the alienation-acquisition of a means of transport“, model 2016 ITL-054 („Order no. 1069/1578/114/2016 for the application of point 101 of title IX “Local taxes and fees” from the Methodological Norms for the application of Law no. 227/2015 on the Fiscal Code, approved by Government Decision no. 1/2016”).

For instance, UA citizen should present the ID document, the ownership and registration documents of the car.

3.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

Yes, minors in special situations who come from Ukraine and enter the territory of Romania, including those who do not require a protection status under the asylum law (refugee, subsidiary protection), or those who are beneficiaries of Council Implementing Decision (EU) 2022/382 of 4 March 2022 who enjoy temporary protection, shall benefit from the following rights in the field of education:

(a) the right to education in schools in Romania under the same conditions and with funding from the same budgets as for Romanian kindergartners, pre-schoolers and pupils;

(b) the right to free accommodation in boarding schools, food allowance, the right to barracks, respectively: school supplies, clothing, shoes, textbooks.

The procedure for enrolling the minors above as auditors (i.e., “auditor” is the student enrolled in another education system in another country, who continues, at the request of his/her parent/legal representative, his/her studies in the Romanian education system and is enrolled in temporary catalogues, until the equivalence of studies and until taking the differentiation exams, if the case) shall be established by order of the minister of education. Upon entering the community, the minors from the area of ​​armed conflict with Ukraine will benefit from the examination of their health in the educational units according to the legislation in force and they will be issued a medical document for enrolment. Those who are not vaccinated will be able to access the vaccination schedule according to the National Vaccination Program run by the Ministry of Health. We shall revert with details soon after the order of the minister of education is published in the Official Gazette.

3.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

Yes, please check the response to item (3).3.12. above.

3.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

Yes, juniors 19 to 22 years old can continue their university studies for free in Romania. There are three universities in Romania where there is teaching in Ukrainian: University of Bucharest, Babeş-Bolyai University and University of Suceava.

3.15. Are there any special regulations applied to elderly people at 60+ age?

Yes, elderly people with reduced mobility or in a situation of dependency, benefit, upon request, free of charge, from social services in accordance with the provisions of Law no. 17/2000 on social assistance for the elderly.

3.16. Are there any special regulations applied to disabled persons?

Yes, persons with disabilities, accompanied or unaccompanied, benefit, upon request, free of charge, from the social services in the residential centres for adults with disabilities (i.e., sheltered housing; centres for independent living; rehabilitation and rehabilitation centres; care and assistance centres; respite centres / crisis centres). The companions of the persons with disabilities benefit, under the same conditions, from social services together with them.

The procedure for granting social services for the persons provided above will be established by order of the President of the National Authority for the Protection of the Rights of Persons with Disabilities and will be published in the Official Gazette.

3.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

UA citizens benefit from temporary accommodation in camps and humanitarian assistance or in other accommodation locations established by the county/ municipality committees of Bucharest for emergency situations. They also benefit, on demand, of material assistance for renting a house or finding free accommodation. Under the recent legal framework, UA citizens shall benefit during their temporary stay from medical assistance, transportation, meals, clothes, personal hygiene items, education for minors.

3.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, for UA citizens accommodated in the spaces of state and private pre-university education units and state and private university education institutions, meal and accommodation expenses are granted within the limit of 50 lei/person/day for accommodation (roughly 10 EUR) and 20 lei/ person/ day for meals (roughly 4 EUR), for up to 90 days.

(4) If UA citizen entered the country aiming to get temporary residency permit

4.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

After entering Romania the UA citizen can benefit from the extension of their right to stay in Romania. The extension of the temporary-stay permit allows the foreign citizens to work and stay on the Romanian territory a period of up to one year. The prolonged temporary stay permit is issued by the territorial units of the General Inspectorate for Immigration. To obtain the extension of the temporary-stay permit the UA citizen has to submit personally a set of documents at least 30 days before the expiry of the right to stay granted by the visa (maximum 90 days). Documents can be submitted through the online service, available at https://portaligi.mai.gov.ro/portaligi/

Also, please check response to item (2).2.2. above.

Assuming the temporary residency permit is granted:

4.2. What is the maximum allowed duration of stay in the country?

To the extent the conditions existing upon entering in Romania for the purpose the temporary-stay permit is obtained have not been changed, the UA citizens’ right to stay in Romania can be renewed at least 30 days before its expiry date, successively for further periods of up to 1 year.

4.3. Are any formal procedures (registration etc.) required for the stay?

Yes, certain documents need to be submitted to the territorial units of the General Inspectorate for Immigration in order to obtain the extend the stay in Romania. The application shall be accompanied by the original and a copy of the state border crossing certificate, a medical certificate issued by a public or private health institution, stating that the UA citizen does not suffer from diseases which may endanger public health, proof of legal possession of the living space at the address where he/she declares that he/she resides in Romania, proof of social health insurance, means of subsistence and taxes related to the extension of the right of residence and the cost of the document issued for this purpose, as well as other mandatory documents, depending on the purpose for which the UA citizen requests the approval of the stay in Romania.

4.4. Is employment allowed?

Yes, Ukrainian citizens’ right to work and stay in Romania may be extended (over the 90-day period mentioned above) by requiring the long-stay permit. Employment shall be continued under the same conditions provided in the response to item (3) 3.3. above.

4.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Yes, free medical assistance and care services similar to those available to Romanian citizens are covered, if the entry into Romania meets the legal conditions.

4.6. What are main taxes, which shall be paid by UA citizen during the stay?

Please check the response to item no. (3).3.5. above.

4.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Please check the response to item no. (3).3.6. above.

4.8. Is it possible to open and use banking account?

Please check the response to item no. (3)3.7. above.

4.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please check the response to item no. (3)3.8. above.

4.10. Is UA driving license accepted? If yes, for how long?

Please check the response to item no. (3)3.9. above.

4.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please check the response to item no. (3)3.10. above.

4.12. What is required to sell a car brought from Ukraine in your country?

Please check the response to item no. (3)3.11. above.

4.13. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

Yes, as provided in response to item no. item (3).3.12. above.

4.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

Yes, as provided in response to item no. item (3).3.12. above.

4.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

Yes, as provided in response to item no. item (3).3.14. above.

4.16. Are there any special regulations applied to elderly people at 60+ age?

Yes, as provided in response to item no. item (3).3.15. above.

4.17. Are there any special regulations applied to disabled persons?

Yes, as provided in response to item no. item (3).3.16. above.

4.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

The Romanian state ensures the conditions for the integration of foreigners who have been granted a right of residence in Romania, in the economic, social and cultural life of the country, as well as their access to the education system.

In order to integrate foreigners, the following activities may be organized and carried out:

(a) Romanian language courses;

(b) courses and other forms of training and professional training;

(c) ensuring the information regarding the rights and obligations of foreigners, as well as on the opportunities for integration in the Romanian society;

(d) courses on knowledge of the history, culture, civilization and the legal system in Romania;

(e) meetings occasioned by different events, in which Romanian citizens also participate, in order to promote mutual knowledge and understanding.

The cultural accommodation sessions are carried out, upon request, by the specialized General inspectorate for Immigration staff in order to familiarize the foreigners with the Romanian traditions, customs and cultural values ​​and to provide practical information regarding the Romanian society. After participating in the cultural accommodation sessions, General inspectorate for Immigration issues a certificate in this regard.

The Romanian language learning courses are organized by the Ministry of Education in collaboration with the General Inspectorate for Immigration and aim at familiarizing the participants with the Romanian language. At the end of the course, a certificate of linguistic competence is issued attesting the level of knowledge of the Romanian language, based on a methodology developed and approved by the Ministry of Education.

The UA citizens who have acquired the right of residence in Romania shall, on request, benefit from intensive learning Romanian language courses for a fee. These courses are organized by the Ministry of Education in collaboration with the General Inspectorate for Immigration and aimed at familiarizing participants with the Romanian language.

4.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, as provided in response to item no. item (3).3.18. above.

4.20. Are there any restrictions to leave the country?

The UA citizen is not allowed to leave the country in the following situations:

(a) is a suspect or defendant in a criminal case and the magistrate orders the imposition of the measure of interdiction to leave the locality or the country;

(b) was sentenced to imprisonment by a final court decision and the additional punishment of prohibition of the right to leave the territory of Romania was applied or the measure of not leaving the territory of Romania was ordered.

(5) If UA citizen entered the country aiming to get permanent residency permit

5.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

Please check response to item no. (2).2.3 above.

Assuming the permanent residency permit is granted:

5.2. What is the maximum allowed duration of stay in the country?

Please check response to item no. (2).2.3 above.

5.3. Are any formal procedures (registration etc.) required for the stay?

Please check response to item no. (2).2.3 above.

5.4. Is employment allowed?

Yes, UA citizen shall employed under the same legal framework as Romanian employees, and, as a result, he/she would enjoy the same rights and obligations as Romanian employees.

5.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Yes, free medical assistance and care services similar to those available to Romanian citizens are granted to those obtaining permanent residency permits.

5.6. What are main taxes, which shall be paid by UA citizen during the stay?

Please check the response to item no. item (3).3.5. above.

5.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Please check the response to item no. item (3).3.6. above.

5.8. Is it possible to open and use banking account?

Please check the response to item no. (3)3.7. above.

5.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please check the response to item no. (3)3.8. above.

5.10. Is UA driving license accepted? If yes, for how long?

Please check the response to item no. (3)3.9. above.

5.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please check the response to item no. (3)3.10. above.

5.12. What is required to sell a car brought from Ukraine in your country?

Please check the response to item no. (3)3.11. above.

5.13. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

Foreign minors living in Romania have access to compulsory schooling under the same conditions as minor Romanian citizens.

5.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

Foreign minors living in Romania have access to compulsory schooling under the same conditions as minor Romanian citizens.

5.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

Yes, as provided in response to item no. item (3).3.14. above.

5.16. Are there any special regulations applied to elderly people at 60+ age?

Yes, as provided in response to item no. item (3).3.15. above.

5.17. Are there any special regulations applied to disabled persons?

Yes, as provided in response to item no. item (3).3.16. above.

5.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Yes, as provided in response to item no. item (4).4.18. above.

5.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, as provided in response to item no. item (3).3.18. above.

5.20. Are there any restrictions to leave the country?

Yes, as provided in response to item no. item (4).4.20. above.

 

(6) If UA citizen entered the country aiming to get refugee status

6.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

Please check the response to item (1).1.3. above.

Assuming the refugee status is granted:

6.2. What is the maximum allowed duration of stay in the country?

Please check the response to item (1).1.3. above.

6.3. Are any formal procedures (registration etc.) required for the stay?

Please check the response to item (1).1.3. above.

6.4. Is employment allowed?

Please check the response to item (1).1.3. above.

6.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

For UA citizens seeking asylum in Romania, primary care and treatment, emergency hospital case, as well as medical care and treatment are all free in cases of acute or chronic life-threatening diseases. The UA citizens benefiting from a form of international protection (refugee, subsidiary protection) who acquire the quality of insured in the social health insurance system, enjoy free medical assistance and care services similar to those available to Romanian citizens.

6.6. What are main taxes, which shall be paid by UA citizen during the stay?

Please check the response to item no. item (3).3.5. above.

6.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Please check the response to item no. item (3).3.6. above.

6.8. Is it possible to open and use banking account?

Please check the response to item no. (3)3.7. above.

6.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please check the response to item no. (3)3.8. above.

6.10. Is UA driving license accepted? If yes, for how long?

Please check the response to item no. (3)3.9. above.

6.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please check the response to item no. (3)3.10. above.

6.12. What is required to sell a car brought from Ukraine in your country?

Please check the response to item no. (3)3.11. above.

6.13. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

Yes, as provided in response to item no. item (3).3.12. above.

6.14. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

Yes, as provided in response to item no. item (3).3.12. above.

6.15. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

Yes, as provided in response to item no. item (3).3.14. above.

6.16. Are there any special regulations applied to elderly people at 60+ age?

Yes, as provided in response to item no. item (3).3.15. above.

6.17. Are there any special regulations applied to disabled persons?

Yes, as provided in response to item no. item (3).3.16. above.

6.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

UA citizens seeking asylum enjoy free accommodation upon demand in one of the six centres of the General Inspectorate for Immigration (IGI). These accommodation centres have living rooms and kitchens equipped properly, as well as recreational facilities (prayer rooms, clubs, playrooms, computer rooms and gyms) that are used for free by asylum seekers. Accommodation in Regional IGI Centres involves ensuring personal hygiene and cleaning products, as well as providing material goods necessary for the preparation and cooking of food and for dining.

To facilitate access to the Romanian education system, underage asylum seekers receive, free of charge, during a school year, a preparation of intensive and free course in order to register in the national education system. The preparation course is organized by the Ministry of Education in collaboration with the General Inspectorate for Immigration.

Also, please check the response to item no. item (4).4.18. above.

6.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, as provided in response to item no. item (3).3.18. above.

6.20. Are there any limitations to leave the country?

During the asylum procedure (until the refugee status or subsidiary protection is granted), the UA citizen cannot leave the locality of residence without the authorization of the Romanian Office for Immigration. The authorization will be issued by the Romanian Office for Immigration following an individual, objective and impartial analysis.

(7) Language issues

7.1. What languages can be used for communication in your country?

In Romania, the official language is Romanian, although, please note that most of the people speak English. However, Romania provides translators and many volunteers to help the UA citizens with respect to the language used in communication.

(8) Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

Legislation has changed recently (as of 8 March 2022), however, further amendments to legislation dealing with migration from Ukraine may be performed at any time. We shall revert with updated responses if that would be the case.

(9) Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

Kindly find below relevant links and their description:

(a) THE SUBMISSION OF THE ASYLUM APPLICATION – https://igi.mai.gov.ro/the-submission-of-the-asylum-application/;

(b) INFORMATION REGARDING THE ACCESS AND UKRAINIAN CITIZENS RIGHTS IN ROMANIA – https://igi.mai.gov.ro/en/brochure-ukraine/ – please note that the information herein regarding employment was applicable prior to 8 March 2020, when new legislation came into force. The applicable rules for employment at the moment are those described in item (3).3.3. above;

(c) Support and Integration – https://igi.mai.gov.ro/en/category/diverseen/support-and-integration/;

Migration rules (extension of the right to stay, long term residence in Romania etc.) – https://igi.mai.gov.ro/en/category/diverseen/migration/

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm Karanovic & Partners upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

Temporary protection

On 10 March 2022, the Government of Montenegro, has issued the Decision on granting a temporary protection for the period of one year (“Decision”), to the persons coming from the Ukraine who cannot return and who were forced to leave the country due to armed conflicts. This further implies that all the persons who decide to enter Montenegro, due to the situation in Ukraine will be entitled to stay in Montenegro for period up to one year, which under the Law on international and temporary protection of foreigners further provides right to adequate accommodation, necessary assistance, and life essentials, health protection, education as well as entitlement to seek the international protection. The Government will form the Coordinating body which will be in charge of control of execution of the Decision and will realize a cooperation with humanitarian international organizations such as Red Cross, Unicef etc.

1. Entering the country

1.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

As of 10 March 2022 (applicable until 25 March 2022), restriction due to Covid-19 no longer apply, when entering Montenegro. This means that the RVT (recovered/vaccinated/tested) condition no longer has to be met at the border and travellers will no longer be ordered to quarantine at home.

1.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

General rule is that citizens of UA may enter, cross the territory, and stay in Montenegro for up to 90 days with a valid travel document (passport) issued by the authorities of UA, without a visa. Furthermore, on 1st March 2022 the Ministry of the Interior Affairs (“Ministry”) has issued, a Notice of activities regarding UA, in which the Ministry announced that UA citizens can stay in Montenegro more than 90 days provided that they report to the competent inspector for foreigners who will make a decision on extending the stay for another 90 days. To conclude, currently UA citizens may stay in Montenegro for 180 days, provided they have a valid passport and report to the foreigners’ inspector. Please note that any UA citizen is also obligated to report their arrival to Montenegro, to the competent touristic organization within 24 hours of their arrival.

https://www.gov.me/en/article/registration-and-cancellation-of-residence-for-foreign-nationals-who-do-not-use-the-services-of-the-accommodation-provider

https://www.gov.me/en/article/visa-issuance-precedure

1.3. Is entry without passport allowed?

General rule is that it is not allowed, as it would represent a misdemeanour. However, please note that under the Decision, citizens of Ukraine who do not have a valid travel document will be allowed to enter Montenegro in addition to having: i) an expired travel document or a copy thereof; ii) a valid internal passport in the form of a booklet or a valid or expired ID card or a copy thereof; iii) birth certificate for children up to 18 years of age or a copy thereof.

1.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

The application for any special status can be done later, but we suggest the application to be done as soon as possible, in order to be granted the rights arising from the status of an applicant.

2. Stay in the country

2.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

Pursuant to the Decision on granting temporary protection to persons from Ukraine, the UA citizens now may stay in Montenegro up to one year.

2.2. Are temporary residency permits available for UA citizens?

Temporary residency can be permitted to the foreigner, who intends to stay in Montenegro longer than 90 days (currently180 days for UA citizen), for:

(i) family reunification;

(ii) schooling;

(iii) participation in international student exchange programs or other youth programs;

(iv)specialization, professional training or practical training of foreigners;

(v) scientific research work;

(vi) treatment;

(vii) humanitarian reasons;

(viii) use and disposition of the right to real estate in Montenegro;

(ix) performing religious service;

(x) performing volunteer work within the European Voluntary Service;

(xi)residence of stateless persons;

(xii) work; and

(xiii) in other cases in accordance with the law and the international agreement.

If the conditions for temporary residence permit are met, the permit will be issued for the period necessary to fulfil the purpose of the stay, up to a maximum of one year. Conditions for temporary residence permit are the following:

(a) has means of subsistence;

(b) has provided accommodation;

(c) has health insurance;

(d) has a valid foreign travel document or identity card issued to him by the competent authority of another state, whose validity period must be at least three months longer than the period for which the residence or travel document for a stateless person is granted;

(e) he has not been banned from entering and staying in Montenegro;

(f) in Montenegro, has not been legally sentenced to unconditional imprisonment for a term exceeding six months for a criminal offense for which he is prosecuted ex officio, or the legal consequences of the conviction have ceased;

(g) has not been legally sentenced in the country of origin to an unconditional sentence of imprisonment of more than six months for a criminal offense for which he is prosecuted ex officio, or the legal consequences of the conviction have ceased;

(h) there are no obstacles due to national or internal security or public health;

(i) submit proof of justification of the request for issuance of a permit.

For the minors up to 16 years old, the proofs stated in items (f) and (g) are not required.

Temporary residence permit may be renewed under the same conditions as those under which it was issued.

2.3. Are permanent residency permits available for UA citizens?

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside after:

(a)5 years period of continuous and lawful residence in Montenegro; or

(b) 5 years of recognized refugee status or subsidiary protection status.

A permanent residence permit is issued indefinitely but with validity period of 5 years with obligation for prolongation and purpose of residence in Montenegro. Please note that for minor under the age of 4 years, the validity period of permanent permit is 2 years.

Terms for permanent residency permit are the following:

– five years of continuous legal residence in Montenegro on the basis of a temporary residence permit, or recognized refugee status or granted additional protection, or the granted asylum or subsidiary protection in accordance with the law governing international and temporary protection of foreigners;

– a valid travel document;

– sufficient means (regular sufficient income);

– health insurance;

– secured accommodation;

– knowledge of Montenegrin language to the extent that enables basic communication

The time required to grant permanent residence to an foreigner who has been granted asylum or subsidiary protection shall count half the time elapsed from the application for international protection to the decision granting international protection and if the time from the submission of the application for international protection to the adoption of the decision granting him international protection was longer than 18 months, that time shall be counted in the entire duration.

2.4. Is refugee status available for UA citizens?

Refugee status (asylee under the Montenegrin legislative) is available for UA citizens, within international protection. An individual can obtain the refugee status if he/she has a well-founded fear of persecution for the following grounds:

– race or ethnic affiliation;

– religion;

– nationality;

– political opinion or belief; or

– membership of a particular social group in the country of origin.

Refugee status may be obtained by a third-country national who, owing to well-founded fear referred to in the previous paragraph, is located outside the country of his or her nationality and is unable or is unwilling to avail himself or herself of the protection of that country, or a stateless person who is outside the country of his or her habitual residence and is unable or is unwilling to return to that country, provided that there is no exclusionary grounds.

Exclusionary grounds are:

– a person already enjoys the assistance or protection of United Nations bodies and agencies, other than the High Commissioner;

– already has approved residence in Montenegro, based on which state of Montenegro recognizes the same rights and obligations as citizens of Montenegro;

– there are reasonable grounds to suspect that he or she has committed a crime against peace, a war crime or a crime against humanity as defined by international standards;

– there are reasonable grounds for suspecting that, prior to entering Montenegro, a person has committed a serious crime of a non-political nature in another country, even if committed for allegedly political purposes;

– there are reasonable grounds for suspecting that a person has committed acts contrary to the purposes and principles of the United Nations;

– there are reasonable grounds for considering a person is dangerous to the safety or territorial integrity of the Montenegro, as manifested in particular by a threat to sovereignty, to the performance of international obligations and to the protection of the constitutional order.

A foreigner seeking international protection has the right to reside in Montenegro from the day of the expressed intention to submit an application for international protection until the finality of the decision rejecting his application.

2.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

There is temporary protection status, which is currently effective under the Decision, If there is a risk that due to mass influx or impending mass influx of foreigners (mass influx refers to large number of people who come from certain country, regardless whether their arrival is spontaneous or organized), it is not possible to secure an efficient international protection of foreigners in Montenegro, so they cannot return to the country of origin, foreigners may be granted with the temporary protection in order to protect them.

This refers to persons who were forced to leave the country of origin or have been evacuated, who cannot return permanently to safe living conditions due to the situation in the country of origin, especially if:

– They fled areas of armed conflict or violence;

– Are under the risk of systematic or general human rights violations, or have been victims of such human rights violations

Please note, that under the Geneva convention from 1951, the temporary protection does not guarantee a refugee status.

Furthermore, there is also subsidiary protection status, under the international protection of the foreigners. Foreigners may be granted subsidiary protection if they do not meet the refugee status requirements, yet the return to their country of origin could cause you serious harm, including:

– death penalty or execution;

– torture, inhuman or degrading treatment in your country of origin; or

– serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

For subsidiary protection there must be no exclusionary grounds, which include:

– a person has committed a crime against peace, a war crime or a crime against humanity, as defined in international treaties or regulations defining such crimes;

– a person has committed a serious crime;

– a person has committed acts contrary to the purposes and principles of the United Nations;

– a person who has committed a criminal offense before entering Montenegro, for which a prison sentence is prescribed in Montenegro, which offense represents a reason why he/she left his country of origin, in order to avoid the sentence.

– a person constitutes a danger to the community or to the security of the Montenegro.

3. If UA citizen entered the country based on no visa regime, or based on tourist visa

3.1. What is the maximum allowed duration of stay in the country?

Please see para 1.2.

3.2. Are any formal procedures (registration etc.) required for the stay?

Any UA citizen entering Montenegro, is obligated to report their arrival to local touristic organization within 24 hours. After the expiration of 90 days, they need to report to foreigners’ inspector within the Ministry, in order to prolong the stay for additional 90 days.

If a person is staying in a hotel or other accommodation, the host will take care of registration to touristic organization.

3.3. Is employment allowed?

UA citizen entered the country based on no visas regime or based on tourist visa cannot be employed, as the employment of foreigners requires obtaining the residency and working permit.

3.4. Is healthcare covered by the hosting state?

The health institution and health workers are obliged to provide emergency medical assistance to the foreigners. Foreigners bear costs of provided emergency medical care or other types of healthcare according to the price list of the health institution.

While staying in Montenegro based on no visa or touristic visa regime, the UA citizens are not covered by free state healthcare system save as stated in the paragraph above, but they have the option to obtain a healthcare policy (cca 1 EUR per day) with some of the private insurance agencies which further allows them to use the state healthcare system.

3.5. What are main taxes, which shall be paid by UA citizen during the stay?

Any foreigner entering Montenegro, staying at private accommodation facility for a short-term nature, is obligated to pay the residence fee, which amount max to 1 EUR per day, per person. There are exceptions from this obligation and refer to: children up to 12 years (children between 12-18 pay 50% of this fee), persons with sensory and physical disabilities, persons who have been continuously staying in the accommodation facility for more than 30 day.

However, we believe that due to these extraordinary circumstances, UA citizens may now be exempted from this obligation.

No taxes should be required to be paid in Montenegro to the extent that the UA citizen’s stay in Montenegro is of a short-term nature. Long-term stay in Montenegro may trigger a risk that a UA citizen becomes a tax resident in Montenegro. UA citizen can be deemed as a tax resident in Montenegro if either of the below conditions are met:

– his/her stay in Montenegro exceeds 183 days,

– has a residence or a centre of business and life interests on the territory of Montenegro;

Please note that residence assumes that it is connected with the centre of business life and life interests and cannot be exclusively valued when determining the tax residency status.

If a UA citizen becomes a Montenegrin tax resident, he/she should obtain a tax number in Montenegro and would be taxed in Montenegro on its worldwide income. For income received from outside of Montenegro, tax reporting should be in such case done by the UA citizen solely, if income is received from a Montenegrin company, reporting should be done by the paying company.

3.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

To the extent that such UA citizen is not deemed as a Montenegrin tax resident, there should be no payment and reporting formalities related to taxes of the UA citizen in Montenegro.

3.7. Is it possible to open and use banking account?

It is not possible to open and use banking account while staying in Montenegro, based on no visa regime, or based on tourist visa.

3.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please see para 3.7.

3.9. Is UA driving license accepted? If yes, for how long?

Yes, a foreigner temporarily staying in Montenegro may, on the basis of a valid driver’s license or international driver’s license issued by the competent authority of another state, drive a motor vehicle in Montenegro.

3.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

A document providing that the driver is entitled to drive the car (if he/she does not own the vehicle), vehicle registration documents, green card (an international certificate of motor third-party liability insurance, providing cover to the extent provided for by the relevant law on compulsory motor third-party liability insurance in Montenegro).

3.11. What is required to sell a car brought from Ukraine in your country?

A car brought from Ukraine may be sold in Montenegro, but prior to that, the vehicle needs to be registered in Montenegro. In order to sell a car brought from Ukraine, it first has to go through customs procedure, which implies paying the customs fee and transfer to the Montenegrin plates and insurance policy. When registering a car, it needs to go through a technical check which confirms that the car is technically correct and may be registered and used in Montenegro.

https://www.euprava.me/usluge/detalji_usluge?generatedServiceId=349 – the link with information on vehicle registration in Montenegrin.

3.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

No special regulations. If you reside in Montenegro based on tourist visa, your child cannot be enrolled into a kindergarten.

3.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

No special regulations. If you reside in Montenegro based on tourist visa, your child cannot be enrolled into school.

3.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No special regulations. If you reside in Montenegro based on tourist visa, you cannot be enrolled into university.

3.15. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

3.16. Are there any special regulations applied to disabled persons?

No special regulations.

3.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

No state program for tourist visa stay.

3.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

No program for tourist visa stay.

3.19. Any other important information.

4. If UA citizen entered the country aiming to get temporary residency permit

4.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

When entered Montenegro, UA citizen should report their arrival to local touristic organisation and foreigners’ inspector, in accordance para 3.2. After this step, UA citizens who seek temporary residence, should file a request to the competent branch of Ministry of internal affairs, in the business unit of the city they reside at that moment, which request has to be supplemented with the following:

(a)Valid passport, in order for authorities to determine the identity;

(b) Proof of sufficient means of subsistence, which can be provided in any of the following: bank statement, credit card or savings account, proof on personal income deriving from work for previous 3 months, proof of scholarship amount, proof of securing medical expenses, proof that means of subsistence have been provided on base of leasing real estate owned by foreigner, or a statement by which a natural or legal person undertakes to bear a cost of foreigner;

Please note that that foreigner is considered to have sufficient means of subsistence if he/she has funds in the amount of at least 10 EUR per day;

(c)Proof of provided accommodation, such as document on right of ownership of the living space or concluded lease agreement ie. a written statement of the person with whom the foreigner has provided accommodation, a certificate of the employer on provided collective accommodation or a certificate of accommodation with a company or entrepreneur registered to provide accommodation services;

(d) Proof of health insurance, such as travel health insurance, provided by the authorized insurance company (please see para 3.4);

(e)Proof of justification of the application for temporary residence in order to reunify the family, such as proof of the competent authority that a foreigner is a member of the immediate family of a Montenegrin citizen or a member of immediate family of a foreigner granted with temporary or permanent residence in Montenegro (this proof is required only if reunification of the family is the basis for temporary permit).

This request must be filed in person, while for minors that obligation falls on the parents. The same rule applies for receipt of the permit.

The above proofs are general rule. In case that temporary residence permit is to be requested on some of the additional basis as stipulated in para 2.2, additional proofs will be required, which apply for each specific basis. Therefore, we kindly suggest you seek for an additional advice, in case your request is founded on some of those bases.

When submitting the application, a photograph, two fingerprints and a digitized handwritten signature shall be taken from the foreigner, except for the minors under age of 12.

A foreigner who submits a proper application for a temporary residence permit before the expiry of the 90-day stay may stay in Montenegro until an executive decision is issued.

Once the application is filed, the administrative unit will issue a temporary residence permit. The term in which the administrative unit has to decide upon request is 40 days from the date of application is submitted.

Depending on the type of temporary residence permit, certain fees are to be paid while filing the application, in range from EUR 2 – EUR 60.

Assuming the temporary residency permit is granted:

4.2. What is the maximum allowed duration of stay in the country?

Maximum allowed duration is for the time of validity of residence permit. A temporary residence permit is issued for the period required to fulfil the purpose of the stay, but for no longer than one year. A residence permit may also be extended, whereas an application to extend a permit must be submitted 30 days prior to the expiry of the permit, and under the same conditions as it is issued.

An individual who holds a temporary residence permit and does not require a visa to enter the Montenegro may reside in the Montenegro for a maximum of 90 days (currently for UA citizens 180 days) after the expiry of the residence permit, unless he/she is obliged to leave the Montenegro on the basis of a decision of the competent authority.

4.3. Are any formal procedures (registration etc.) required for the stay?

Please see para 3.2.

4.4. Is employment allowed?

Temporary residence permit means a permit to enter and stay in Montenegro for a fixed period of time and for a fixed purpose, so employment is not allowed based solely on temporary residency permit. For employment, a single permit which allows third-country nationals to enter, stay and work in Montenegro must be obtained.

4.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Citizens of Ukraine have the right to emergency healthcare.

Compulsory health insurance in Montenegro covers insurance for persons who stay in Montenegro on basis of temporary permanent residence permit, regardless of the basis for such permit. Additionally, foreigners who are under temporary, subsidiary or international protection also fall under compulsory health insurance in Montenegro. These rules also apply for the immediate and distant family members.

4.6. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6., save for the residence fees. Upon entering Montenegro, either based on tourist visa regime or temporary residency permit, UA citizens are considered as Montenegrin tax non-residents and thus have no tax obligations. They can, however, become tax residents if (once) the conditions explained under question 3.5 are met, which further implies a set of tax obligations, which mostly refers to the taxes on personal income. This includes personal income tax from 9% to 15% depending on the amount of monthly income. This applies provided that the UA citizen is not employed in Montenegro but is making income based on some other activity in Montenegro. If UA citizen is employed in Montenegro, there is a wider range of tax obligation, please ask for additional advice if that should be the case.

4.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under question 3.5 and 3.6.

4.8. Is it possible to open and use banking account?

It is possible to open and use banking account, in accordance the rules stipulated by each business bank in Montenegro. General rules for opening an account by non-resident refer to submitting a request along with provision of certain proofs, such as passport, temporary or permanent residency permit. However, please note that some banks do not allow to non-residents to open a bank account if those non-residence do not submit a proof of employment in addition to the general proofs and statement on residence at third party accommodation or proof of ownership.

4.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Generally, there is no upper limit. Please note that the bank must carry out a customer review for each transaction with a value of EUR 10,000 or more, whether carried out individually or in several transactions which are clearly linked to each other. In event of such customer review, a person must be able to provide evidence of cash source (e.g. a cash withdrawal certificate from a bank abroad).

4.10. Is UA driving license accepted? If yes, for how long?

A foreigner who has been granted temporary or permanent residence in Montenegro, i.e. international or temporary protection may, on the basis of a foreign driver’s license, drive a motor vehicle or a set of vehicles for a period of six months from the date of entry into Montenegro. Upon expiration of those six months, the UA citizen has to apply for driving licence in Montenegro. They will be granted a driving licence based on their previously valid license, meaning they will not have to take a driving lesson and pass the tests in Montenegro.

4.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under question 3.10.

4.12. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under question 3.11.

4.13. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

Generally, the children’s status is connected to the parents’ temporary residence status in Montenegro.

A foreigner who has been issued a temporary residence permit with a validity of at least one year has the right to reunite, maintain and regain the integrity of his/her family with his/her family members. To be granted this right, an application must be submitted.

Generally, parents have the right to choose between public and private kindergartens. This means they can choose any kindergarten in any municipality and are not bound to their place of residence. When enrolling a child in a kindergarten, parents must disclose a doctors’ certificate regarding the child’s health. Enrolment in kindergartens takes place in May and the kindergarten year starts in September, and there is no lower age limit. The monthly fee in public kindergarens amounts to 40 euros, per child, whereas kindergartens provide with a discount for each next kid from the same family attending kindergarten at the same time. The applications are possible out of regular term, provided that there is a free spot in kindergartens.

4.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

Foreign citizens who have a temporary residence or permanent residence in Montenegro are equal in the exercise of the right to education with Montenegrin citizens, in accordance with a special law.

Children who are foreign citizens or under temporary, subsidiary or international protection, or stateless persons residing in Montenegro, have the right to compulsory primary education (primary school) under the same conditions as citizens of Montenegro. Primary school lasts for nine years.

In the event of the enrolment of school-age children with foreign educational documents in primary school in Montenegro, the primary school determines which grade the child will be enrolled in on the basis of the provided documents. In doing so, the school takes into account the evidence of previous education and the age of the child. The school may also take into account the child’s knowledge of the Montenegro language. Parents must enrol their children in the first year of primary school if they will be 6 years old in the calendar year in which they start school.

High school lasts for three or four years, depending on the qualification level which certain high school provides. Same rules apply in regard to the enrolment in high school as for the Montenegrin citizens.

4.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

No special regulations.

The foreigners may attend universities under the same conditions as citizens of the Montenegro.

4.16. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

4.17. Are there any special regulations applied to disabled persons?

No special regulations.

4.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Unfortunately, no.

4.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

There is no special state program that supports cash payments to UA citizens.

In Montenegro, there is option of one-time financial assistance that is provided for the persons who due to the special circumstances that affect housing, material and health situation, finds themselves in state of social need. The procedure and amount is regulated from municipality to municipality, depending on the available budget for such assistance.

Additionally, the persons are entitled to material security. The right to material security can be exercised by an individual or family, if the individual or family member is:

(a) incapable of work;

(b) capable of work, provided that:

(c)pregnant woman;

(d) single parent;

(e)a parent who supports a child, ie a parent who exercises extended parental rights, in accordance with the law;

(f) a person who has completed education according to an educational program with adapted performance and additional professional assistance or a special educational program;

(g) a person after reaching the age of 18, if he / she is in regular secondary school education, by the end of the period prescribed for that education;

(h) a child without parental care, ie a person who was a child without parental care, until the employment is established for a period longer than six months.

Another option is child allowance which is a supplementary allowance for the maintenance, education and upbringing of a child. The right to child allowance may be granted to one parent or another person (guardian) for a child who is a registered resident of Montenegro, until the child reaches the age of 18.

The amount of child allowance is 30.00-60.00 euros per month.

Additionally, a person who needs care and assistance due to physical, mental, intellectual or sensory impairments or changes in health due to physical, mental or sensory impairments is entitled to access to meet needs. The right to the care allowance may be exercised provided that he/she has not exercised this right in accordance with other laws and that he is not a beneficiary of the right to personal disability benefits.

The amount of the care allowance is 65.35 euros per month.

4.20. Are there any restrictions to leave the country?

Generally, there are no restrictions. However, please note that temporary residence permit can becomes invalid if the foreigner who has a temporary residence in Montenegro and wishes to keep that status, leaves and stays outside of Montenegro for more than 30 days.

4.21. Any other important information.

5. If UA citizen entered the country aiming to get permanent residency permit

5.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

An individual (UA citizen) can apply for permanent residency permit at the administrative unit where they reside, after:

Please refer to point 2.3. for more information regarding permanent residency permit.

Assuming the permanent residency permit is granted:

5.2. What is the maximum allowed duration of stay in the country?

A permanent residency permit is issued without any restrictions on the duration and purpose of the stay in Montenegro.

5.3. Are any formal procedures (registration etc.) required for the stay?

Other than obtaining a permanent residence permit, by submitting a respective application and provision of the featuring proofs, no.

5.4. Is employment allowed?

The UA citizens, who obtain a permanent residence permit are equal in rights and obligations as citizens of Montenegro, therefore they are fully entitled to work as well as to all the rights in case of unemployment.

5.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

The UA citizens, who obtain a permanent residence permit are equal in rights and obligations in regard to health care system, as citizens of Montenegro. They have the right to emergency and compulsory health care insurance. Please also see para 4.5.

5.6. What are main taxes, which shall be paid by UA citizen during the stay?

Once the UA citizen obtains a permanent residence in Montenegro, he/she should be considered as a Montenegro tax resident. This should usually be the case if at the same time the permanent residency in Ukraine is de-registered or it the permanent residency in Ukraine remains to be registered but it can be considered that the centre of vital interest of the UA citizen should be in Montenegro (based on the location of the family, etc.).

If a UA citizen becomes a Montenegro tax resident, he/she should obtain a tax number in Montenegro and would be taxed in Montenegro on its worldwide income (received from businesses in Montenegro and abroad). For income received from outside of Montenegro, tax reporting should be in such case done by the UA citizen solely (via monthly reporting). If income is received from a Montenegro company, reporting should be done by the paying company via its payroll system.

5.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Further to para 3.5 and 3.6, the Montenegrin tax resident should report income received from outside of Montenegro with the submission of monthly tax returns. Based on the submitted reports, UA citizen pays the personal income tax in Montenegro. Tax paid outside of Montenegro on this income may be used to reduce the tax base in Montenegro, in accordance with the provisions of the applicable double tax treaty.

The permanent residents are entitled to all tax reliefs, as Montenegrin citizens.

5.8. Is it possible to open and use banking account?

It is possible to open and use banking account, in accordance the rules stipulated by each business bank in Montenegro. General rules for opening an account by non-resident refer to submitting a request along with provision of certain proofs, such as passport, temporary or permanent residency permit.

5.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please see para 4.9.

5.10. Is UA driving license accepted? If yes, for how long?

Please see 3.9.

5.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please see para 3.10.

5.12. What is required to sell a car brought from Ukraine in your country?

Please see para 3.11.

5.13. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

A permanent residence permit can be issued to a child:

(a)whose one parent, at the time of his birth, is a Montenegrin citizen and has a permanent residence in Montenegro;

(b) whose both parents, at the time of his birth, have been granted permanent residence;

(c)whose one parent, at the time of his birth, has been granted permanent residence, and the other parent is unknown or has died.

Please refer to para 4.13 above for more information regarding kindergartens.

5.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

Please refer to point 4.14. above for more information regarding schools.

5.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

No special regulations.

Please refer to point 4.15. for more information regarding universities.

5.16. Are there any special regulations applied to elderly people at 60+ age?

No special regulations.

5.17. Are there any special regulations applied to disabled persons?

No special regulations.

5.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Unfortunately, no.

5.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Please see para 4.19.

5.20. Are there any restrictions to leave the country?

There are no restrictions.

5.21. Any other important information.

6. If UA citizen entered the country aiming to get refugee status

6.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

UA citizen may express their intention to seek international protection (refugee status or subsidiary protection) when crossing a border line with Montenegro, or if he/she is already in Montenegro, they can express their intention in the local police station or at the shelter. Anyhow, UA citizen is obliged to submit a formal request for international protection (verbally on record or in written) within 15 days from expressed intention to the local business unit of Ministry of internal affairs, in the place of stay.

Acting upon request for international protection, Ministry shall hold a hearing providing the foreigner to disclose all information relevant for approving of the international protection.

The Ministry shall decide upon request for international protection, within 6 months and during that time, foreigner may stay in Montenegro, as already stated in para 2.4.

The Ministry may reject the request, in following cases:

(a)a foreigner seeking international protection has been granted international protection in a Member State of the European Union;

(b) a foreigner seeking international protection has been granted international protection in a third country whose rights he still enjoys, which applies the principle of non-refoulement, and that country will accept it again;

(c)there is a possibility for an foreigner seeking international protection to be granted such protection by a secure third country;

(d) there is a possibility for a foreigner seeking international protection to be granted such protection by a European safe third country;

(e)the state responsible for deciding on the request for international protection has been determined for deciding on the request of a foreigner for international protection;

(f) an foreigner seeking international protection is a citizen of a Member State of the European Union.

An action against the decision to reject the application for international protection may be filed with the Administrative Court, within 15 days from the day of delivery of the decision.

The police fills out a registration form and take you to asylum centre, where a person is subject to sanitary-disinfection examination, medical examination, photographing and fingerprinting. Then, information on rights and obligations and rules of procedure for internal protection are provided. The information is provided in a language that a person understands.

An interpreter for a language you understands will also participate in the process.

After submitting the application, a person is accommodated in the accommodation unit of the asylum centre or in other premises belonging to the asylum centre.

It will first be checked if it the request can be dealt with in an accelerated procedure within two months. The accelerated procedure is a shortened procedure in which the Ministry rejects the application with a decision as manifestly unfounded because the applicant clearly does not fulfil the conditions for the recognition of international protection.

In the event of a delay, the Ministry must inform foreigner in writing of the reasons for the delay and inform foreigner of when to expect a decision and Ministry is obliged to decide within 21 months at latest.

Please also see para 2.4.

Assuming the refugee status is granted:

6.2. What is the maximum allowed duration of stay in the country?

The period of international protection validity is not determined. However, the international protection shall cease under the force of law, under certain circumstances that derive from will of the foreigner, in the event of cancellation of international protection due to breaches of stipulated conditions by the foreigner.

6.3. Are any formal procedures (registration etc.) required for the stay?

Please see para 6.1.

6.4. Is employment allowed?

Yes, the international protection users have the right to be employed under the same conditions as Montenegrin citizens.

6.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Yes, under the same conditions as Montenegrin citizens.

6.6. What are main taxes, which shall be paid by UA citizen during the stay?

Same conditions apply as explained in 3.5 and 3.6.

6.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

The same applies as explained under para 3.5 and 3.6.

6.8. Is it possible to open and use banking account?

The same applies as explained under para 3.7.

6.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

The same applies as explained under para 3.8.

6.10. Is UA driving license accepted? If yes, for how long?

The same applies as explained under para 4.10.

6.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The same applies as explained under para 4.11.

6.12. What is required to sell a car brought from Ukraine in your country?

The same applies as explained under para 4.12.

6.13. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

The same applies as explained under para 4.13.

6.14. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

The same applies as explained under para 4.14.

6.15. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

The same applies as explained under para 4.15.

6.16. Are there any special regulations applied to elderly people at 60+ age?

The same applies as explained under para 4.16.

6.17. Are there any special regulations applied to disabled persons?

The same applies as explained under para 4.17.

6.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Unfortunately, no.

6.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Please see para 4.19.

6.20. Are there any limitations to leave the country?

There are no limitations to leave the country, but it might lead to cessation of international protection, provided that foreigner voluntarily returned to country of origin or another country which approved him the protection.

6.21. Any other important information.

7. Language issues

7.1. What languages can be used for communication in your country?

In Montenegro, the following languages are in official use: Montenegrin. Serbian, Bosnian, Croatian and Albanian. English language can be used for communication almost everywhere.

8. Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

At this moment, no.

9. Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

https://ckcg.me/en/ -Red Cross of Montenegro

https://www.unicef.org/montenegro/en – UNICEF in Montenegro

https://www.unhcr.org/montenegro.html UNHCR in Montenegro

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm Ilej & Partners in cooperation with Karanovic & Partners upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

1. Temporary protection

1.1. Croatian Government adopted the Decision on Implementation of Temporary Protection in Republic of Croatia for the UA citizens.

1.2. Temporary protection is applicable to persons displaced from Ukraine on or after 24 February 2022 for military invasion by the Russian armed forces launched on that date. The following categories of persons are eligible for temporary protection if they resided in Ukraine before 24 February 2022, on or before that date:

– citizens of Ukraine;

– stateless persons and third-country nationals, who are not citizens of Ukraine and who have been granted international protection or other equivalent national protection in Ukraine;

– family members of aforementioned persons, i.e.:

• a spouse;
• underage children;
• other close relatives of the person granted temporary protection, if they lived together as part of the family before coming to the Republic of Croatia and were supported by the person granted temporary protection;

– stateless persons and third-country nationals who are not citizens of Ukraine and who have resided in Ukraine on the basis of a valid permanent residence permit and cannot return to their country or region of origin in a safe and sustainable manner.

1.3. Temporary protection is granted for one year (i.e. until 7 March 2023). Temporary protection may be renewed up to two times for a maximum of six months each time.

2. Entering the country

2.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

Although COVID-19 restrictions are still in place for persons entering Croatia (i.e. there is a requirement to provide (i) proof of vaccination; or (ii) proof of recovery from COVID-19; or (iii) a negative molecular test or (iv) a rapid antigen test), there are unofficial information circulating that all Ukrainian citizens will be allowed to enter Croatia even if they don’t hold any of the above documents or proofs, but will be tested for COVID-19 at the spot and referred to a reception center.

2.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

Ukrainians who have valid biometric passport issued in the last 10 years and valid for three months longer than their stay in Croatia do not need a visa. Otherwise, visa is necessary.

However, it has been confirmed unofficially that UA citizens will be allowed to enter Croatia even without a visa.

2.3. Is entry without passport allowed?

Although citizens of Ukraine generally need a biometric passport, or a non-biometric passport and a Croatian visa for entry and stay in the Republic of Croatia, it has been confirmed unofficially that UA citizens will be allowed to enter Croatia even without a passport.

2.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

The application for any special status can be done later (especially if a person travels with a biometric passport and can therefore stay in Croatia for 90 days in the period of 180 days), but we suggest the application to be done as soon as possible, in order to be granted the rights arising from the status of an applicant.

3. Stay in the country

3.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

UA citizens can usually (in the regular circumstances) stay in Croatia for up to 90 days within a 180-day period. Croatian Government adopted the Decision on Implementation of Temporary Protection in Republic of Croatia for the UA citizens, according to which UA citizens can remain in Croatia for one year, without having to apply for a visa or asylum or any other stay permit, with a possibility of a six months to one year extension. While enjoying temporary protection in Croatia, UA citizens have a right to work and stay in Croatia (without having to obtain the work and stay permit), identification card, emergency medical assistance, education, family reunification and accommodation (subject to fulfilment of certain requirements).

3.2. Are temporary residency permits available for UA citizens?

Generally, temporary residence permits are available for UA citizens. In order to obtain them, one would have to prove the purpose of their temporary stay (family reunification, secondary school education and university studies, scientific research, humanitarian grounds, life partnership, work, and work of posted workers), have a valid travel document, have funds to support themselves, have health insurance, not be banned from entry and stay in the Republic of Croatia, and not be considered threat for public policy, national security or public health. Temporary stay is granted for a period of up to one year, with the possibility of extension.

3.3. Are permanent residency permits available for UA citizens?

Permanent residency permits are available for UA citizens. Permanent stay may be granted if one has been legally staying in the Republic of Croatia for an uninterrupted period of five years, which includes temporary stay, asylum or subsidiary protection.

3.4. Is refugee status available for UA citizens?

Yes, refugee status is generally available for UA citzens, however, temporary protection regime is the interim solution which is significantly less complicated.

3.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

At the moment the fastest and most suitable option is temporary protection described above.

4. Language issues

4.1. What languages can be used for communication in your country?

Croatian language is the only official language in Croatia. However, English language is widely used, especially among younger population.

5. Upcoming or expected legislative changes

5.1. Do you expect any major changes to the relevant legislation?

At the moment we don’t expect any major legislative changes.

6. Local help resources

6.1. Please provide links and brief descriptions to any local helpful resources.

https://www.hck.hr/ – Croatian Red Cross

https://www.hok-cba.hr/ – The Croatian Bar Association provides free legal aid to refugees from Ukraine

https://www.plavi-telefon.hr/ – Psychological support and counseling

https://www.caritas.hr/ – Caritas Croatia

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm Kelemenis & Co. upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

Entering the country

1.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?]

No quarantine is required. Ukrainian citizens are exempted from the Passenger Locator Form submission requirement. A vaccination certificate for those who have completed vaccination for COVID-19 at least fourteen (14) days before arrival is required or proof of recovery from SARS-CoV-2 issued 14 days after the first positive COVID-19 test, or certificate of negative test result, namely, negative molecular test result (PCR) performed up to 72 hours before the scheduled arrival or negative Rapid Antigen test result performed up to 24 hours before the scheduled arrival.

1.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

Holders of a Ukrainian passport with or without biometric features can enter Greece from all entry points (land and air) with a maximum stay of 90 days. The National Police will stamp the passport with the date of entry.

1.3. Is entry without passport allowed?

Ukrainian citizens who do not have a valid passport can only enter Greece through the Passport Control Department in Promachonas (at the Greek-Bulgarian border) where the staff of the Ukrainian Embassy in Greece will be issue an entrance document. This procedure allows Ukrainians to stay for a maximum period of 90 days in the country.

In the event that they do have a valid passport but they are accompanying minors who do not have a valid passport themselves, the National Police Officers will note under the entry stamp on their passport the number of minor children they are accompanying. In this case they will have to provide certification with regard to the minors such as a certificate of marital status or a birth certificate of the children. If they do not have the documentation required, they will be asked to fill in a solemn declaration stating the number of the children, their first name, surname, sex and date of birth.

1.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

After entering the country Ukrainian citizens can stay in Greece for three months. Within these three months they will have to apply for an asylum, as they are not allowed to remain in the country after the 3-month deadline.

The Greek Ministry of Migration and Asylum has advised that they will be launching a new application named “temporary protection”, which will be available by the end of March and will provide the Ukrainian Citizens with a right to a one year residence permit, a right to work and a right to access public health care.

(2) Stay in the country

2.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

Three months from the day of entrance. The day of entrance will be stamped on their passport or provided with an official document at the point of entrance.

2.2. Are temporary residency permits available for UA citizens?

A temporary protection scheme is to be launched by the end of March by the Ministry of Migration and Asylum as mentioned in par. 1.4.

2.3. Are permanent residency permits available for UA citizens?

See par. 5.1.

2.4. Is refugee status available for UA citizens?

Yes. See par. 5.22.

2.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

No.

(3) If UA citizen entered the country based on no visa regime, or based on tourist visa

3.1. What is the maximum allowed duration of stay in the country?

A no visa regime grants a 3-month period of stay in Greece (see par. 2.1.). A type of a tourist-type visa is the type C visa, which is valid for the entire territory of the Member States of the European Union and its duration does not exceed ninety (90) days in any period of one hundred and eighty (180) days.

3.2. Are any formal procedures (registration etc.) required for the stay?

If the visit is under a Visa regime (type C visa), such visa must be granted by a local Greek Embassy.

3.3. Is employment allowed?

No.

3.4. Is healthcare covered by the hosting state?

No.

3.5. What are main taxes, which shall be paid by UA citizen during the stay?

No taxes are required to be paid.

3.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

If he becomes a permanent Greek resident (i.e. resides for more than 183 days a year), then a foreigner becomes a permanent tax resident of Greece and is subject to taxation as any permanent (tax) resident of the country, Greek or else.

3.7. Is it possible to open and use banking account?

No

3.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

On the assumption that a UA citizen can open a bank account, he/she may be required to provide for some supporting documentation (as any other Greek) for amounts exceeding €10,000. This primarily for the bank’s internal auditing procedures and relates to anti-money-laundering regulations.

3.9. Is UA driving license accepted? If yes, for how long?

See below

3.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

See below

3.11. What is required to sell a car brought from Ukraine in your country?

The car needs to be formally imported into Greece, be customs cleared and have all the required supporting documentation as any car outside the EU>

3.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

No

3.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

No

3.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No

3.15. Are there any special regulations applied to elderly people at 60+ age?

No

3.16. Are there any special regulations applied to disabled persons?

No

3.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

The Greek Ministry of Migration and Asylum has advised that Ukrainians in need for accommodation may email Ukraine@immigration.gov.gr. There will be housing facilities provided by the Ministry.

Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

3.18. Any other important information.

No.

(4) If UA citizen entered the country aiming to get temporary residency permit

4.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

Ukrainian citizens have access to the international protection process. In order to acquire the refugee status a filing of an application for international protection before the Regional Offices or Independent Asylum Offices or at Offices of the Asylum Service located in Reception and Identification Centers is required. The applicant can also apply for the family members. They are also required to accompany the applicant in person to the Asylum Service. In total, the examination of the application may take from twenty (20) days to six (6) months, depending on the case. Upon completing the filing of the application, the applicant will receive the International Protection Applicant Form, which may last from thirty (30) days to one (1) year, depending on the procedure under consideration of the application. The International Protection Application allows an applicant to stay in Greece until the completion of the examination of your application. This form is a temporary title that provides specific rights and obligations and does not equate to a residence permit. If the application is rejected, the International Protection form expires.

Assuming the temporary residency permit is granted:

4.2. What is the maximum allowed duration of stay in the country?

The International Protection Application allows the applicant to stay in Greece until the completion of the examination of your application. This form is a temporary title that provides specific rights and obligations and does not equate to a residence permit.

4.3. Are any formal procedures (registration etc.) required for the stay?

See answer to question 4.1

4.4. Is employment allowed?

The International Protection Application form provides specific rights for the applicants during its duration. The applicants have the right to work under the conditions set by the Greek legislation, after the lapse of six (6) months from the date of submission of the application for international protection, and only if they have an International Protection Application form. Ukrainian citizens, as applicants of asylum, have the same social security rights and obligations, as Greek citizens. If the applicants are not employed and the financial resources are not enough to cover daily needs, they are entitled to benefits. They can also apply for accommodation in a Hospitality Center or other accommodation (accommodation programs in private homes or hotels). The request will be accepted, if there is availability.

4.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

In order to have access to medical and hospital care, the applicant must obtain a Temporary Insurance and Health Care Number. The Temporary Insurance and Health Care Number (T.I.H.C.N) is issued with the application form for international protection by the Asylum Service and ensures the provision of health care to immigrants. The rejection of the asylum application implies the automatic deactivation of the T.I.H.C.N. On the contrary, in case of acceptance of the application, T.I.H.C.N becomes a permanent Social Security Registration Number (Α.Μ.Κ.Α).

4.6. What are main taxes, which shall be paid by UA citizen during the stay?

For a start, there are no taxes to be paid. To acquire a Greek tax number requires proof of residence (i.e. certificate of residence in a hosting structure, utility bill or copy of lease agreement). Applicants of international protection who do not have a residence certificate and/or are homeless, cannot obtain a tax number. When registering an asylum application, the procedure of acquiring a tax number will begin automatically. The tax number application process will be sent electronically by the asylum authorities at the registration stage and a tax number certificate will be issued to the applicant. Asylum seekers still need to retrieve their tax number upon completion of the procedure in person from the Tax Office.

4.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

See par. 3.6

4.8. Is it possible to open and use banking account?

Ukrainian citizen can open a bank account in Greece by submitting the following documents to a Greek bank:

• The originals and a copy of the valid “International Protection Application” or “Asylum Application”,
• A document proving their current address of stay,
• An employment certificate issued by the employer and a copy of the employment contract,
• A copy of the tax number issuance document,
• Tax return or an official declaration that an income tax return has not been submitted in Greece.

4.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

See 3.8

4.10. Is UA driving license accepted? If yes, for how long?

Since Ukraine is a party to the Vienna Convention, Ukrainian citizens can drive on Greek territory with their national driving license until they obtain a Greek residence permit. As a prerequisite, the details of the license must be in Latin characters and the holder of this license must not have his/her usual residence in Greece.

4.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Immigrants can use a car with foreign license plates in Greek territory, only for the purpose of customs clearance and for a period of one (1) month provided that this period does not exceed the deadline within which the vehicle must be cleared. The car must be insured and and have a valid car registration.

4.12. What is required to sell a car brought from Ukraine in your country?

See 3.11.

4.13. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

The children of the applicant, regardless of age, have access to free public education throughout the duration of the International Protection Application. For enrollment in a Greek school, the applicant must provide the same supporting documents that are required from Greek citizens. The children can be registered even if the applicant does not have a birth or marital status certificate. However, the following documents are required:

• The “International Protection Application” or the “Asylum Application” or a valid residence permit,
• a health or vaccine booklet,
• proof of residence.

If the child is between 2 ½ and 5 years old, the parents can apply for a place at a public or private daycare center. From the age of 4, children can enroll in nursery, which is mandatory after the age of 5. The parents will need to complete an application, submit a document as proof of an address of stay, and present the child’s “health booklet” proving that he or she has been vaccinated. The registration takes place every year from the 1st to the 15th of June; however, the applications are accepted even after these dates, if there are available places.

4.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

If the child is six years old, then he or she can enroll in the first grade of primary school. For children over the age of six, the applicant will need to present a relevant certificate or state how many years the child has attended school so far and in which country. If the applicant lives in an apartment, a hotel or a building in a city, the applicant can enroll children from six to fifteen years old in a school class. In primary schools. there are morning classes and in secondary schools there is a program called “Educational Priority Zones” under the auspices of the Ministry of Education. The children attend the school that the Greek citizens also attend. Reception classes will be set up to provide additional support, especially for understanding the Greek language. The parents should go to the nearest school and state that they wish to enroll the children in school. The most important document they need to bring is proof that the child has been vaccinated.

4.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

There are several educational programs for adults organized by the State or private bodies, NGOs and other organizations. The General Secretariat for Lifelong Learning of the Ministry of Education is the responsible authority for most adult education programs.

4.16. Are there any special regulations applied to elderly people at 60+ age?

No.

4.17. Are there any special regulations applied to disabled persons?

To receive the disability benefit one should take the following steps.

Step 1: Submit the application to the nearest Centre of Disability Accreditation (KE.P.A.) With the application, one must also submit:

a) A complete file from a doctor, signed and stamped, as well as with the certification of the doctor’s signature.

b) The residence permit

c) The health booklet, if the UA citizen is insured

d) The social security number (AMKA)

Step 2: After one or two months, the UA citizen will be informed about the final decision and the disability ‘rating’. A rating of 67% is required for persons with disabilities and 50% for HIV positive persons in order to qualify for an allowance. If he/she does not agree with the assessment and rating, he/she has the right to submit an objection within 10 days of notification.

Step 3: The final step of the process is to submit an application to the municipal services in his/her location, along with the following:

a) The decision of KE.P.A

b) A valid residence permit

c) The tax clearance note

d) Proof of residence

e) Bank account details

National Confederation of Disabled People: +30 210 9949837 or e-mail: refugees@esaea.gr.

Some primary schools have specialized personnel and teachers for students with disabilities (serious hearing impairment or intellectual or learning impediments). For enrolment in special schools, the Centres for Diagnosis, Evaluation and Support for Persons with Special Needs (KE.D.D.Y.) issues the relevant recommendation and makes the referral.

4.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

The Greek Ministry of Migration and Asylum has advised that Ukrainians in need for accommodation may email Ukraine@immigration.gov.gr. There will be housing facilities provided by the Ministry.

4.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

As of October 2021, the Greek authorities are responsible for providing assistance to asylum seekers to cover basic needs. For the time being, the exact amount of the financial assistance has not been announced.

4.20. Are there any restrictions to leave the country?

When granted a residence permit, there are no restrictions to leave the country.

4.21. Any other important information.

No.

(5) If UA citizen entered the country aiming to get permanent residency permit

5.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

Ukrainians are considered third country nationals. According to Greek Immigration Law, a third country national who has resided in Greece, legally and continuously, for five (5) years may be granted a permanent residency permit, which has a duration of (5) five years with an option to renew. For beneficiaries of international protection, the term is 2 ½ years.

Assuming the permanent residency permit is granted:

5.2. What is the maximum allowed duration of stay in the country?

Following the process set out in 5.1, there can be 5-year renewals.

5.3. Are any formal procedures (registration etc.) required for the stay?

Beneficiaries of asylum can acquire from the Hellenic Republic a residence permit that is valid for three (3) years. After they receive asylum from the Regional Asylum Office, they must submit an application to the Passport Office.

5.4. Is employment allowed?

Yes.

5.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Once they obtain a social security number (AMKA), UA citizens will gain access to social welfare benefits and medical care under the same rules that apply to Greek citizens. Children and other dependent relatives do have access to the healthcare system when applying for the refugee status ant obtain a social security number.

5.6. What are main taxes, which shall be paid by UA citizen during the stay?

See above

5.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

See above

5.8. Is it possible to open and use banking account?

See above

5.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

See above (3.8)

5.10. Is UA driving license accepted? If yes, for how long?

See above

5.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

See above

5.12. What is required to sell a car brought from Ukraine in your country?

See above

5.13. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

See above 4.13.

5.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

See above 4.14.

5.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

See above 4.16.

5.16. Are there any special regulations applied to elderly people at 60+ age?

A recognised refugee that meets the following criteria has the right to a pension for uninsured elderly. The requirements are the following:

a) 67 years old or more

b) A valid residence permit;

c) Uninsured

d) Not entitled to a pension from another country

e) Not entitled to any other allowance in Greece

f) Stayed legally in Greece for 15 continuous years.

5.17. Are there any special regulations applied to disabled persons?

See above

5.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

The Greek Ministry of Migration and Asylum has advised that Ukrainians in need for accommodation may email Ukraine@immigration.gov.gr. There will be housing facilities provided by the Ministry.

5.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

See above 4.19.

5.20. Are there any restrictions to leave the country?

No.

5.21. Any other important information.

No.

6) If UA citizen entered the country aiming to get refugee status

5.22. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

Access to the international protection procedure is unrestricted and free of charge. Any third country citizen or stateless person has the right to apply for international protection. The application is submitted to the Receiving Authorities, which immediately perform a full registration. The authorities that are competent for receiving applications are the Regional Asylum Offices, the Autonomous Asylum Service Units and the Mobile Units of the Asylum Service. The International Protection Application is lodged by the applicant in person. However, the application may now be lodged online through the self-registration application. The applicant may also apply for his/her family members, provided that they are with him/her in Greece. They should also come along with the applicant to the Asylum Service.

In case the applicant has entered the country without going through the legal formalities or staying in Greece without meeting the legal requirements, he/she will be transferred to a Reception and Identification Centre and in case the applicant does not possess any document issued by an official authority that proves his/her identity and nationality, he/she will undergo reception and identification procedures. In that case, in order to submit an international protection application, the applicant will be referred to the local competent Regional Asylum Service Office, an Asylum Unit of which may be operating within the Reception and Identification Centre where the applicant is staying. It will be compulsory for him/she to stay within the premises of the centre for the whole duration of the examination of the application, provided that the duration of this time period does not exceed twenty five (25) days.

On the date appointed by the Asylum Service, the applicant will give an interview to an Asylum Service staff member. The interview is being conducted by a competent member of the Receiving Authority staff (case-handler). An interpreter will also be present during the interview. Interpretation is provided free of charge.

Assuming the refugee status is granted:

6.1 What is the maximum allowed duration of stay in the country?

As a beneficiary of Refugee status by the Hellenic Republic, UA citizens are entitled to a three-year residence permit (ADET), which will be valid for three (3) years. The permit is renewable, unless compelling reasons of national security or public order otherwise require (EU Regulation 95/2011).

6.2 Are any formal procedures (registration etc.) required for the stay?

Yes, the beneficiary must obtain a three year residence permit (ADET).

6.3 Is employment allowed?

Yes.

6.4 Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

When obtaining a social security number (AMKA), UA citizens gain access to social welfare benefits and medical care, under the same rules that apply to Greek citizens. Kids and other dependent relatives do have access to the healthcare system when applying for the Refugee status and obtain a social security number.

6.5 What are main taxes, which shall be paid by UA citizen during the stay?

See above

6.6 What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

See above. Also note that, according to the Double Tax Avoidance Agreement (DTTA) that has been signed between Greece and Ukraine (ARTICLE 15-Dependent Personal Services):

Subject to the provisions of Articles 16, 18, 19 and 20 salaries, wages, and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that Contracting State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State.

Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if:

a) the recipient is present in the other Contracting State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned; and

b) the remuneration is paid by or on behalf of, an employer who is not a resident of the other Contracting State, and

c) the remuneration is not borne by a permanent establishment or a fixed base, which the employer has in the other Contracting State.

6.7 Is it possible to open and use banking account?

Yes, see above

6.8 What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

See above

6.9 Is UA driving license accepted? If yes, for how long?

See above

6.10 What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

See above

6.11 What is required to sell a car brought from Ukraine in your country?

See above

6.12 Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

See above

6.13 Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

See above

6.14 Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

See above

6.15 Are there any special regulations applied to elderly people at 60+ age?

See above

6.16 Are there any special regulations applied to disabled persons?

See above

6.17 Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

UN Refugee Agency Greece (UNHCR)

6.18 Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

As of October 2021, the Greek authorities are responsible for providing assistance to asylum-seekers to cover their basic needs. For the time being, the exact amount of the financial assistance has not been announced.

6.19 Are there any limitations to leave the country?

When granted a residence permit, there are no limitations to leave the country.

6.20 Any other important information.

7 Language issues

7.1. What languages can be used for communication in your country?

Greek and English

8 Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

The Ministry of Migration has confirmed that law 80/2006 (compliance with the EU directive 55/2001 will apply to all UA citizens arriving to Greece) by the end of March. The law provides a temporary 12-month residence permit which will allow UA citizens to live and work in Greece.

9 Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

https://migration.gov.gr/

https://help.unhcr.org/greece/ukraine/

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm Lakatos, Köves and Partners Law Firm upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

Цей огляд був підготований для українських біженців юридичною фірмою Lakatos, Köves and Partners Law Firm на запит та під координацією міжнародної юридичної мережі Multilaw та української юридичної фірми Арцінгер. Огляд підготований станом на 11 березня 2022 року та буде оновлюватись відповідно, також будуть додаватись українські переклади. Цей огляд не є юридичною консультацією і має лише інформаційний характер. Слідкуйте, будь ласка за оновленнями на www.multilaw.com та/або www.arzinger.ua

(1)   Entering the country

1.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)? Currently no mandatory quarantine is applied.

1.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances? No visa is required for UA citizens to enter Hungary

1.3. Is entry without passport allowed? Yes, currently this is allowed.

1.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status? For UA citizens with a valid biometric passport, this is not a requirement, please see below in 2.1. UA citizens without a valid biometric passport also need a title for stay in Hungary from day 1, unless they intend to travel on. In the absence of a passport, their title to stay could be a temporary refugee status (see below at 6). 

(2)   Stay in the country

2.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities? UA citizens with a valid biometric passport can stay for 90 days within any 180 days without further formalities.

2.2. Are temporary residency permits available for UA citizens? Temporary residence permits which grant a right of stay for up to 5 years are available under the general regime (unrelated to the war).

2.3. Are permanent residency permits available for UA citizens? Permanent residence permits are available under the general regime (unrelated to the war). These permits would require additional preconditions, such as lawful stay in Hungary for 3 years before the application, or being a dependent relative and living in one household for at least one year in Hungary of a Hungarian citizen etc., or being married for at least 2 years with a Hungarian citizen etc. or having a parent or grandparent who is or was a Hungarian citizen, or who is a child of a person who has permanent residence.

2.4. Is refugee status available for UA citizens? UA citizens fleeing from the war can apply for temporary protection (in line with Council Implementing Decision (EU) 2022/382 of 4 March 2022), which grants them a right of stay as long as the war is ongoing. (For clarification: refugee status would only be granted if the individuals could prove that they would be subject to persecution for racial, religious or political grounds, in line with the Geneva Convention. Such status would grant the refugees a permanent right to stay in Hungary.)

2.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options. None which would be available specifically for UA citizens under the current condition.

(3)   If UA citizen entered the country based on no visa regime, or based on tourist visa

3.1. What is the maximum allowed duration of stay in the country? See 2.1.

3.2. Are any formal procedures (registration etc.) required for the stay? Based on the general rules, if their planned stay exceeds 30 days in Hungary, third-country citizens must report their address to the immigration authority in a form which must be signed by the applicant and also the host. They also must notify the immigration authority or the police if their passport is lost/stolen/destroyed/expired. They also must seek the issuance of new documents, and can only leave Hungary with a new passport or the certificate of the notification. 

3.3. Is employment allowed? No

3.4. Is healthcare covered by the hosting state? UA citizens are entitled to state emergency care only, based on international agreement).

3.5. What are main taxes, which shall be paid by UA citizen during the stay? None

3.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

According to the double tax convention (“DTC”) concluded between Hungary and Ukraine, in case the employment is exercised in the territory of Hungary then the salary shall be subject to taxation in Hungary. However, the salary received in connection with the employment carried out in Hungary by a Ukrainian tax resident private individual shall be subject to taxation in Ukraine if (i) the private individual is present in Hungary for a period or periods not exceeding in the aggregate 183 days in any 12 month period concerned, and (ii) the salary is paid by, or on behalf of, an employer who is not Hungarian resident, and (iii) the salary is not borne by a permanent establishment or a fixed base which the employer has in Hungary.

The above exception, however cannot be applied to private individuals who shall be deemed as Hungarian tax resident private individuals and therefore their salary should be subject to tax in Hungary.

Based on the provided information, we understand that Ukrainian private individuals who have a permanent residence status in Hungary (provided that they spend more than 183 days in the territory of Hungary in an 12-month period) should be considered as Hungarian tax resident private individuals, therefore the exception cannot be applied on their salary. However, it cannot be excluded that the other mentioned Ukrainian private individuals would be deemed as Hungarian tax resident private individuals due to their individual circumstances (e.g. they would have permanent residence only in Hungary or the center of their vital interests should be considered to be in Hungary) as well.

If no exception applies under the DTC, then the private individual shall be subject to tax in Hungary. In relation to this, the private individual shall register with the Hungarian Tax Authority and request for a tax number. We understand that in the current situation the employers are not residents in Hungary, therefore the private individual shall assess and pay the related personal income tax to the state in the rate of 15%.

Tax advance is payable during the tax year on a quarterly basis until the 12th of the month following the quarter year and a tax return shall be filed with the Hungarian Tax Authority until the 20th May following the tax year.

However, please note that for the above interpretation the legislation assumes that the private individual carries out the employment in the territory of Hungary legally (i.e. with the necessary documents and visas). Therefore, there may be interpretative differences upon unconventional employment in the territory of Hungary (e.g. remote work carried out with tourist visa).

3.7. Is it possible to open and use banking account? Yes. Please note that during the KYC procedures banks normally require proof of residence, and may not have a uniform practice on what to accept in this particular case. Some banks, like Erste, expressly claim they want to help UA citizens with bank account opening. It is unclear what formalities they require specifically, in addition to a UA passport.

3.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source? There is no definite limit. Banks must conduct a KYC procedure upon bank account opening, and also for all assignments (including cash deposit) above 4.5 million HUF. If banks must conduct a KYC procedure, they can, based on their internal risk evaluation policy, seek evidence as to the source of the cash. However, banks may conduct KYC procedures upon any assignments which, according to the bank, entails any risk, and in such case, they may also request evidence of the source.

3.9. Is UA driving license accepted? If yes, for how long? We assume that UA driving licences are issued in line with the 1968 Vienna Road convention and the 1949 Geneva Road Convention, and generally compatible for driving in the EU. Such valid licence entitles its holder to drive in Hungary for one year as from entry into Hungary, after which holders must seek the nationalization of the licence (i.e. apply for the issuance of a Hungarian driver’s licence).

3.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)? All cars participating in road traffic in Hungary must dispose over a number plate, a valid permit issued by the traffic authority, valid technical and environmental compliance certificate, and be covered by a valid liability insurance. The proof of a valid liability insurance is a green card, in the absence of which UA car owners would need to conclude a special insurance at the border (which normally costs HUF 90,000 per month). However, in this emergency situation the Alliance of Hungarian Insurers has a special offer, which allows cars full coverage for a highly discounted fee of HUF 1,000 per month, until the end of the emergency. Please see details here:

https://mabisz.hu/a-hazai-biztositok-atvallaljak-az-ukran-hatarbiztositasi-dij-tulnyomo-reszet/

Drivers must keep the above documents as well as their ID (or passport) with them at all times. The operator is liable to ensure that the driver and the car meet all these requirements before entering road traffic. Cars with UA number plates which were brought into Hungary through simplified temporary customs admission (i.e. with the presumption that the car will be re-exported) can participate in road traffic in Hungary for 6 months after entry, or until the period determined in the respective customs certificate.  After this time, based on the current rules, they likely will need to be registered in Hungary, and also undergo customs procedure.

3.11. What is required to sell a car brought from Ukraine in your country? If the purchaser is a resident in Hungary, and the car has not yet been formally imported to Hungary, the car will need to undergo customs procedure, which will include customs payment (10%), VAT payment (27%), registration tax (depending on car type and engine size) and a registration procedure. These would be payable by the buyer. The purchase price received by the seller could be subject to personal income tax.

3.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available? No entitlement.

3.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available? No entitlement.

3.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available? No entitlement.

3.15. Are there any special regulations applied to elderly people at 60+ age? No

3.16. Are there any special regulations applied to disabled persons? No

3.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe. No state program available under this status, but persons staying in Hungary without special status can still apply for charities for assistance.

3.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers. No state program available under this status

3.19. Any other important information. N/A

(4)   If UA citizen entered the country aiming to get temporary residency permit

4.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines. Temporary residence permits allow a stay for longer than 90 days within 180 days. The general rules apply to UA citizens as third country citizens. These are available based on various grounds, which normally contain entitlements relating to those grounds only. These grounds include:

4.1.1.  Humanitarian cause. This is available for refugees, including persons who applied for or received temporary protection, if there are no other valid grounds for stay (listed below). The validity period is 6 months, and can be renewed, unless the cause giving rise to its issuance no longer prevails. Please see below in (6) Refugee status for more details, we understand that the special rules for temporary protection of UA citizens would override the entitlement for residence based on humanitarian grounds.

4.1.2.  Family unification with a family member who already has a temporary or permanent residence permit or other right of stay Hungary. Family members include spouse (not partner), minor children (including adopted and foster children), minor children of the spouse. Also dependent parents (and also siblings and other direct ascendants and descendants who are unable to care for themselves due to health reasons) of the person who has the temporary residence are eligible, and also the parents and siblings etc. of his/her spouse.

4.1.3.  In-come earning activity, including the performance of self-employed activity set out by law, or managing a company (managing director position only) (the validity period of the permit is up to 3 years, and can be renewed)

4.1.4.  Employment (work performed for third party of own company beyond management)

4.1.5.  EU Blue Card (not available generally for persons who have applied for temporary protection)

4.1.6.  Seasonal work (available only for 6 months, and employment as part of seasonal work cannot exceed 6 months within any 12-month-period)

4.1.7.  Employee intra-group transfer

4.1.8.  Studies (not available generally for persons who have applied for temporary protection). The validity period is at least one year, and is renewable. It requires, inter alia, that the person has enrolled in education in Hungary, including full time school or higher education, or higher education entrance preparation course.

4.1.9.  Scientific research (not available generally for persons who have applied for temporary protection)

4.1.10.      Mobility temporary residence permit for students and researchers (applicable to third-country nationals only if they have student or researcher residence permit in another EU member state)

4.1.11.      Internship (not available generally for persons who have applied for temporary protection). This requires a contract with an accredited organization.

4.1.12.      Medical care. This is available for persons who would like to use medical treatment in Hungary and persons who accompany minors using such care or carers of incapable persons using such care.

4.1.13.      Visits. This is available if third parties in Hungary guarantee to cover all costs of stay. The validity period aligns with the guarantee, and is maximum one year

4.1.14.      Volunteering. (not available generally for persons who have applied for temporary protection). This requires a contract with an accredited organization.

4.1.15.      National visa and national residence permit – this available for persons wishing to learn about Hungarian culture and strengthen family ties other than family unification

4.1.16.      Other causes – such as language learning or studies in non-accredited schools, etc.

Assuming the temporary residency permit is granted:

4.2. What is the maximum allowed duration of stay in the country? Please see above in 4.1

4.3. Are any formal procedures (registration etc.) required for the stay? Please see above in 3.2. Depending on the purpose of the stay, other registrations may also be required (for example tax authority and national health insurance fund if employment is involved, company registration for setting up a company).

4.4. Is employment allowed? Employment is allowed if the grounds for the issuance of the residence permit is humanitarian cause (employment is subject to general permit procedure applicable to third country nationals), employment, family unification, EU Blue Card, research, seasonal work, intra-group transfer (in each case, the process relating to the issuance of the employment permit and the residence permit is handled under a single procedure). Please note that no work permit is required for certain professions listed in a relevant ministerial decision, including the areas of IT, science, technicians, supervisors, nurses, social field, business administration, trade, agriculture, forestry, food industry, crafts, metal industry, construction industry, industry line processing, drivers, cleaners, caterers, etc., and for these professions, the residence application procedure would be simplified. In addition, as from 11 March 2022 the Hungarian Government introduced a subsidy scheme for employers who employ UA citizens who arrived to Hungary after 24 February 2022, in the event the employer provides temporary accommodation for the employee and employs the employee at least 20 hours a week. The Ministry for Foreign Affairs will set up information points for UA citizens in this regard, and will participate in providing temporary accommodation under the subsidy scheme. The amount of the subsidy must be spent on securing temporary accommodation, and work related travels, and employers must also undertake to cover 50% of the accommodation and travel costs that are not covered by the subsidy (the other 50% are to be covered by the employee).

4.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives? It is generally mandatory to participate in the state health insurance scheme. The participation is based on an insured person status (employees, self-employed), entitlement (children, full-time students, pensioners, people who are in need), mandatory payment (for persons who are not insured or entitled and are required by the law to pay healthcare contributions) or based on agreement (if none of the previous apply). Accordingly, the availability of healthcare would depend on the grounds based on which the temporary residence permit was issued. Insured persons and entitled persons would generally be entitled to full healthcare as Hungarians under the general rules.

4.6. What are main taxes, which shall be paid by UA citizen during the stay? This would depend on the grounds based on which the temporary residence permit was issued, and would relate to the income earning activity performed in Hungary. Typical taxes include personal income tax (normally 15%) and health insurance contributions (18.5%), all payable after the gross income. Taxes imposed on companies include VAT (the general rate is 27%), tax on profits (9%), local taxes (1% of gross income) and tax payable after employees. In addition, property may be taxed (depending on the local municipality, this is a nominal sum) and there is a car tax for cars which have Hungarian number plates.

4.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there? See 3.6 above.

4.8. Is it possible to open and use banking account? Yes

4.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source? See 3.8 above

4.10. Is UA driving license accepted? If yes, for how long? See 3.9.

4.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?  See 3.10.

4.12. What is required to sell a car brought from Ukraine in your country? See 3.11

4.13. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available? Children who have temporary residence permits are entitled to participate in free state kindergarten care as from the age of 3 years (meals are payable extra unless a subsidy applies, typically based on the social needs of the family). Parents may apply for an exemption until the child is 4 (or, under very special circumstances, until the child is 5), but such exemption is subject to permission by the relevant authority, and must always be grounded on the best interest of the child. In the absence of an exemption, parents must enroll their children (failing to do so constitutes an offence). Parents have cooperation obligation, and also enjoy information and other rights.

4.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available? Children who have temporary residence permits are entitled and obliged to participate in free state school care as from the year in which the child turns 6 until 31 August. Extra costs such as meals may apply. Parents may apply for exemption from attending school due to special reasons. School education obligation generally lasts until the end of the school year in which the child turns 16, however, kids are entitled to public education until they perform their related obligations (i.e. complete their secondary education).

4.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available? Kids above 18 are required to seek a residence permit in their own rights, and will not be entitled to residence based on the right of their parent (i.e. family unification with their parents), unless they are unable to care for themselves due to health reasons. University education is subject to application and prior qualifications such as final secondary exams. The number of state-subsidized (free) places out of the available number of places varies by university and by study area.

4.16. Are there any special regulations applied to elderly people at 60+ age? No

4.17. Are there any special regulations applied to disabled persons? No

4.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe. We are not aware of such state programs generally. Please also see (6) below.

4.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers. We are not aware of such state programs. Certain types of family subsidies are available to third country nationals whose residence permit was issued under the single procedure referred under 4.4. (including the possibility of employment).

4.20. Are there any restrictions to leave the country? If UA citizens leave Hungary before they apply for temporary protection, they likely will not be granted temporary protection in Hungary should they wish to apply in Hungary after all. Also, leaving the country for a period of 4 months or longer could impact the continuity of the stay in Hungary for the purposes of a permanent residence permit application, if the total leave exceeds 270 days during the three-year-period. See also below at (5). 

4.21. Any other important information. If a residence permit is issued on humanitarian grounds (4.1.1) the immigration authority may, at its discretion, order the person to stay at a dedicated mandatory place of residence. This can be a community accommodation or a refugee shelter, if the person has no means to sustain him or herself, or a close relative to sustain him/her. The authority can also determine behavioral rules, such as regular reporting visits to the authority. Persons can be obliged to stay at the community accommodation or a refugee shelter for two months, after which another mandatory place must be designated, if required. Persons staying at the community accommodation or a refugee shelter can apply for so called public employment (a special type of employment ensuring a low level income for public bodies) if they have no other work or income. They can also apply for work subject to the general permission regime. If they have work, they have to contribute to the costs of their livings at the shelter.

(5)   If UA citizen entered the country aiming to get permanent residency permit

5.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines. UA citizens can apply or permanent residence only after they had lawfully resided at least 3 years in Hungary or had been married to a Hungarian. One relevant exception is if UA citizens can show that they have any ascendant who is or was a Hungarian national, in which case they can apply for permanent residence if this is not contrary to Hungary’s interest. Permanent residents broadly have the same rights as Hungarian nationals except for political rights. 

 

(6)   If UA citizen entered the country aiming to get refugee status

6.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

There are four types of potential refugee statuses available in Hungary, out of which we will describe only the temporary protected status in line with Council Implementing Decision (EU) 2022/382 of 4 March 2022, as being the most relevant.

Applications can be made in person at dedicated points at the UA/HU border 24/7, or at any immigration office in Hungary.

One application form must be submitted per applicant. It is important to show documents upon the application which certify the date and place of entry to Hungary from UA, the personal identity and any family relations. The temporary protected status will be granted automatically if the conditions are met, and there are no excluding grounds. The immigration authority will issue a certificate (ID) as proof of the temporary protected status, and also evidence of the place of residence (which is necessary for other administrative tasks such as bank account opening etc.).

There is an interpretation of the applicable law based on which only UA citizens who enter Hungary directly from UA would be eligible for temporary protection in Hungary.

For timeline see 1.4. 

Pets:

The Hungarian veterinary authority has introduced simplified regime for the arrival of pets that do not comply with the current veterinary requirements (without a microchip, unvaccinated against Rabies, without a Rabies antibody titre test) and arrive with their owners.

(i) Until further notice, a registration form to be filled in on entry can be considered as equivalent to the so-called prior authorisation application, which will allow for a smooth entry procedure, traceability of the animals and the possibility of subsequent action.

(ii) The form is available here in Hungarian-Ukrainian bilingual format.

(iii)   By signing the form, the owner of the pet agrees upon arrival to immediately notify the district office (“Járási Hivatal”) of the detention of the animal and follow the instructions of the veterinary authority.

Place of stay during the application procedure: Applicants must stay at the residence appointed to them by the immigration authority, which is either a shelter, or, if the applicants so require, private accommodation.

A person enjoying temporary protection is entitled:

(i) to a personal identification document;

(ii) to a travel document defined in specific legislation which entitles the holder to leave and re-enter the country on one occasion, in the absence of a valid travel document of his/her country of origin;

(iii)   to aid and support stipulated by law; (see below)

(iv)   to undertake employment under the general rules applicable to third country citizens (see below).

•   A person enjoying temporary protection is required:

(i) to register his/her place of accommodation and to notify the immigration authority of any changes therein;

(ii) to cooperate with the immigration authority;

(iii)   to undergo medical screening, examination and medical treatment, and to receive any vaccinations prescribed by the competent public health authority in the case where there is danger of contracting a disease;

(iv)   to observe and abide by the laws of Hungary;

(v) to report to the immigration authority without delay if his/her travel document, personal identification document, document verifying his/her right of residence in Hungary is lost, stolen or destroyed.

Assuming the refugee status is granted:

6.2. What is the maximum allowed duration of stay in the country? One year, and can be extended

6.3. Are any formal procedures (registration etc.) required for the stay? See 4.3. Address changes must be reported to the immigration authority if the refugee receives free care, see 6.18.

6.4. Is employment allowed? Yes. No permit is required for the professions referred in 4.4 above. For all other professions, the employer must apply for an employment permit, but the conditions for granting the permit are less strict than in the normal procedure. In each case, there is a notification requirement of the employer to the immigration authority about the start of the employment. Persons with temporary protected status may also be engaged for so called public employment (a special type of employment ensuring a low level income for public bodies). Please also see the subsidy scheme applicable to employers as from 11 March 2022 in 4.4 above.

6.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives? Insured persons and entitled persons (see above 4.5) would generally be entitled to full healthcare as Hungarians under the general rules. If the refugees work, they will gain insured person status. Free healthcare is available for refugees for the first 6 months of their stay as follows: General basic healthcare, all healthcare services in the competence of the general practitioner; in the case of urgent need: (i) specialized walk-in care, including medication; (ii) hospitalization, operations, all related medications and follow-up care; emergency dental care; prenatal care and delivery care; 100% or 90% discount on certain medications; mandatory vaccinations; also oncology and other chronic illness care and medications.

6.6. What are main taxes, which shall be paid by UA citizen during the stay? See 4.6.

6.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there? See 3.6

6.8. Is it possible to open and use banking account? Yes

6.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source? See 3.8 above

6.10. Is UA driving license accepted? If yes, for how long? See 3.9 above

6.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)? See 3.10

6.12. What is required to sell a car brought from Ukraine in your country? See 3.11

6.13. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available? See 4.13 above

6.14. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available? See 4.14 above and 6.19 below. Parents/family members accompanying kids under 10 to school can apply for free travel subsidy. Children under 14 travel free on public transport in Budapest.

6.15. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available? See 4.15 above. Costs refund for schooling (see 6.19) can be applied for until the student turns 21.

6.16. Are there any special regulations applied to elderly people at 60+ age? See 6.17.

6.17. Are there any special regulations applied to disabled persons? Disabled persons belong to the category of persons with special needs. Based on the general principles of the legislation, persons with special needs (children without parents, elderly, single parents with children, pregnant women, persons with mental or physical disability) should generally be treated with special care during the asylum procedure, and in providing care during the temporary protection. If and how this principle can be put into practice in the current situation is unclear.

6.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe. Accommodation: persons seeking and having received special protection will be offered accommodation at the community accommodation or a refugee shelter (including 3 meals a day, personal hygiene items, clothes), but they may also choose to stay elsewhere. They may also take up maintenance work at the shelter if available, and receive (minimal) pay. Language course: Free Hungarian language courses are available in dedicated schools. Local integration: If they live outside a shelter, refugees may apply to the immigration authority for regular financial allowance in the amount of HUF 28,500 per person, which will be paid monthly after the subject month via postal check, to the address reported to the immigration authority. Except the language course, these types of in-kind support are available to refugees for free only if they are “in need”. Otherwise the immigration authority may seek full or partial reimbursement of the costs of the services provided (including healthcare if the person does not participate in the state health insurance scheme, see 4.5 above) A refugee is “in need” if he/she (and co-living spouse and ascendant and descendant) has no assets in Hungary that would provide for the costs of living and the monthly per person income does not exceed 28,500 HUF for families, and 42,750 HUF for single persons. Refugees may be required to provide evidence on whether they are “in need”, and report to the immigration authority if they are no longer “in need”, and also any changes in their relevant data.

6.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers. Refugees may apply for cost refund relating to schooling (up to 26,500 HUF). Also for monthly spending money, travel discounts. Refugees can also apply for a one-time support when they finally leave Hungary. See also 6.18. Please note that in general, cash support in Hungary on a purely social basis on any grounds (not just for refugees) is generally so limited that in itself likely would not provide sufficient means of independent living (i.e. living outside a shelter).

6.20. Are there any limitations to leave the country? Refugees who receive allowances on an “in need” basis must report to the immigration authority if they leave the country for longer than 30 days, in which case the payment will be suspended.

6.21. Any other important information. Hungary is generally not well-prepared for hosting many refugees, and has limited dedicated infrastructure. Currently there are large number of volunteers and charity organizations helping, a lot of donation is ongoing and there is a generally welcoming and supporting atmosphere at the border and also in Budapest. Accommodation is often provided in makeshift shelters (such as school gyms or hostels etc.) The availability of in-kind services may be limited due to the sudden high demand.

(7)   Language issues

7.1. What languages can be used for communication in your country? Official language is Hungarian, many people speak English.

(8)   Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

The validity of some of the above rules is currently 31 May 2022, including employment, certain types of medical care, and easier entry into Hungary. New rules can be issued any time, but the general framework is unlikely to change. Please also note the upcoming elections early April 2022. Therefore, we recommend repeated validity check as to the above.

(9)   Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

Website of the immigration authority:

http://www.bmbah.hu/index.php?option=com_k2&view=item&layout=item&id=1736&Itemid=2119&lang=hu (includes links to further supporting organizations)

Website of the Minority Self-government of Ukrainians in Hungary: https://ukrajinci.hu/language/uk/home/

Municipality of Budapest:

https://help.budapest.hu/

Ukrainian Embassy:

Budapest, Istenhegyi út 84/b, 1125, +361  422 4124

Various other NGOs:

https://helsinki.hu/

https://www.facebook.com/budapestbikemaffia

https://www.facebook.com/ageofhopealapitvany

https://www.facebook.com/oltalom.karitativegyesulet

https://www.facebook.com/groups/994143548136400

https://www.facebook.com/groups/651183759509424

https://www.facebook.com/groups/1884808158404856

https://www.facebook.com/groups/302211538565433

https://www.facebook.com/groups/asegitok

https://www.facebook.com/groups/656873979068687

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm ROWAN Legal upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022, will be updated as relevant, also Ukrainian translations will be added. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

Цей огляд був підготований для українських біженців юридичною фірмою ROWAN Legal

на запит та під координацією міжнародної юридичної мережі Multilaw та української юридичної фірми Арцінгер. Огляд підготований станом на 11 березня 2022 року та буде оновлюватись відповідно, також будуть додаватись українські переклади. Цей огляд не є юридичною консультацією і має лише інформаційний характер. Слідкуйте, будь ласка за оновленнями на www.multilaw.com та/або www.arzinger.ua

(1)   Entering the country

1.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

No, there is no mandatory quarantine for incoming UA citizens.

1.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

Ukrainian citizens are allowed to travel to the Czech Republic without visa and can legally stay in Czechia for maximum of 90 days during any 180-day period (it is just necessary to make a registration with Foreign Police and arrange a commercial health insurance) – during this period Ukrainian citizens are not covered by Czech national health insurance. Before their legal stay in the Czech Republic expires, Ukrainian citizens need to apply for a special type of long-stay visa. The extended visa is valid for one year and should be granted right after the application is submitted. Ukrainian citizens with this special type of visa are covered by Czech national health insurance.

1.3. Is entry without passport allowed?

It is not guaranteed that citizens without biometric passport will be allowed to cross the border with other EU member state, since Czechia borders with other EU states it is presumed that UA citizens will be checked in country that borders with UA and based on this check will be allowed to enter the EU.

1.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

Same as in par. 1.2 applies. Citizens can stay freely in Czechia without visa for no longer than 90 days during any 180-day period. After (or during) 90 days citizen shall apply for special long-stay visa that is valid for 1 year.

UA citizens without special long-stay visa shall arrange a commercial health insurance.

UA citizens shall make a registration with Czech Police right after entering the state. Kids under 15yo are exempted from this obligation.

(2)   Stay in the country

2.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

For up to 90 days during any 180-day period.

2.2. Are temporary residency permits available for UA citizens?

Yes, in a form of special type of long-stay visa for stay longer than 90 days but not longer than 1 year.

2.3. Are permanent residency permits available for UA citizens?

Yes, but no special regime applies to UA citizens. The application process lasts up to 60 days.

2.4. Is refugee status available for UA citizens?

Yes, but no special regime applies to UA citizens.

2.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

No 

(3)   If UA citizen entered the country based on no visa regime, or based on tourist visa

3.1. What is the maximum allowed duration of stay in the country?

Paragraph 2.1 applies.

3.2. Are any formal procedures (registration etc.) required for the stay?

Citizens need to arrange health insurance (can be done online)

UA citizens shall register with Czech Police as soon as they enter the Czech Republic (kids under 15yo are exempted from this obligation).

After 90 days (or at any time during) foreigners shall apply for special visa that should be granted right after the application is submitted. Based on this special long-stay visa UA foreigners can issue a work permit.

3.3. Is employment allowed?

No, UA citizens need to obtain special long-stay visa along with an employment permit.

3.4. Is healthcare covered by the hosting state?

No, UA citizens need to issue health insurance in advance (can be done online).

3.5. What are main taxes, which shall be paid by UA citizen during the stay?

No tax obligations are applicable for incoming UA citizens.

3.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

This depends on in which country does the UA citizen works. If the employer sits within the EU country, the double taxation treaty is applicable.

3.7. Is it possible to open and use banking account?

Yes

ČSOB bank (recommended): To open and use banking account, foreigners need to visit the branch of nearest bank and bring some type of proof of identity (e.g., passport, ID, or driving license). Nothing else is needed.

KB bank: To open and use banking account foreigners need to visit the branch of nearest bank and bring 2 documents. The main document shall be passport and additional document shall be ID, birth certificate or documents obtained while crossing border from UA (border guide).

3.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Upper limit of cash deposit (in KB bank) is 15 000 EUR or equivalent in foreign currency. Above this amount the foreigner can be asked what the cash source is. That can be proven by an affidavit or other evidence can be asked by a bank worker.

Please note, that physical transfers of cash to and from the EU in excess of €10,000 must be reported to customs administration.

3.9. Is UA driving license accepted? If yes, for how long?

UA driving license is accepted, however if UA citizen has long-term visa for period exceeding 1 year, the citizen is obliged to apply for replacement of the UA driving license at any municipal office with extended jurisdiction within 3 months after the legal effect of the permanent or long-term residence permit.  

3.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Foreigner may operate the car for maximum of 90 days without any action. After 90 days foreigner must register the car for road use in the Czech Republic (foreigner must submit documents such as technical certificate – both full and short versions, vehicle registration form, insurance card, proof of vehicle acquisition, protocol of registration check). No exceptions are applied to UA situation. Vehicle must not be older than 8 years and must comply with EURO 6 standard.

Vehicle can be registered with any municipal office with extended jurisdiction.

3.11. What is required to sell a car brought from Ukraine in your country?

The car can be sold but it must be registered for road use in the Czech Republic (car must have Czech license plate). See paragraph 3.10.

3.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

Kids under 15 yo are exempted from obligation of registration with Czech Police after crossing the Czech borders.

Czech Republic has compulsory schooling system for kids that are permitted for stay in Czechia for longer than 90 days and reach the age of five.

UA kids enjoy same benefits as residents of Czech Republic, therefore if UA citizens obtained visa for stay longer than 90 days (special long-stay visa) and the kid reaches the age of five, they are obliged to sign the kids to compulsory schooling. Kindergartens for kids under 5yo are not mandatory, however are available. Applications for school year 2022/2023 are open from May 2nd to May 16th 2022. More info can be found here.

3.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

Czech Republic has 2 level schooling system. Elementary school is for kids that reach age of six and lasts 9 years. Elementary school is mandatory. After elementary school kids usually go to secondary / high school which lasts 4 years. Secondary / high school is not compulsory.

Czech Republic has compulsory schooling system for kids that are permitted for stay in Czechia for longer than 90 days and reach the age of five.

UA kids enjoy same benefits as residents of Czech Republic, therefore if UA citizens obtained visa for stay longer than 90 days (special long-stay visa) and the kid reaches the age of five, they are obliged to sign the kids to compulsory schooling. Please note that it is not possible to transfer from a foreign vocational/high school to a Czech one. Applicant needs to start school from the beginning.

3.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

No regulations are applied. Each student must check the details with desired university.

Some universities have set up scholarship programmes for UA students. More info can be found here.

3.15. Are there any special regulations applied to elderly people at 60+ age?

No

3.16. Are there any special regulations applied to disabled persons?

No

3.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

The Refugee Facilities Management offers the following services:

Social counselling

Legal advice

Czech language courses

Interpreting services

Sociocultural courses

Internet workplace and library

Community workers

Educational, cultural and social events

Local integration courses

3.18.  Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

No, UA foreigners must apply for special long-stay visa.

3.19. Any other important information.

(4)   If UA citizen entered the country aiming to get temporary residency permit

4.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

UA citizen shall apply for special type of long-stay visa within (or any time during) 90 days after arriving the Czech Republic. This special type of long-stay visa allows citizen to obtain temporary residency permit and is issued for 1 year. It doubles as a standard residency permit. This is the easiest way to be granted residence in the Czech Republic. Applicant needs to visit any OAMV office and bring passport type photography, passport and must fill special form available here. The special type of long-stay visa should be issued the same day.  

UA citizen who has relatives in Czech Republic may apply for standard temporary residency permit. Applicant would need to submit application to OAMV office and must provide with passport or id, 1 passport type photography, proof of health insurance, proof of accommodation and proof of link to a family member who is EU citizen. This is however not recommended for its long issuing process.

Assuming the temporary residency permit is granted:

4.2. What is the maximum allowed duration of stay in the country?

If UA citizen holds special type of long-stay visa, this visa is valid for 1 year.

If citizen applied for standard temporary residency permit, then there is no upper limit. After 5 years of continuous stay foreigners may apply for permanent residency.

4.3. Are any formal procedures (registration etc.) required for the stay?

Incoming foreigners shall apply for special long-stay visa at any Ministry of Interior office OAMV (more details about OAMV – Immigration department of the Ministry of Interior can be found on mvcr.cz or +420 974 801 802). When applying for special visa, UA citizens are required to submit relevant form, together with a valid passport and additional passport photography. This must be done in person by an applicant.

4.4. Is employment allowed?

Yes, in order to enter into an employment relationship UA foreigners must hold special long-stay visa and obtain an employment permit.

In order to get an employment permit UA foreigner must find vacancy through special database of vacancies, contact potential employer, sign an employment contract, visit the nearest branch of Czech Employment Office and apply for employment permit. This process takes up to 30 days. UA citizen may start working no sooner then after the employment permit is granted. Whole process is free of charge.

Czech government is currently working on a bill that will automatically grant foreigners, who would apply for special type of visa for stay over 90 days, work permit. Holders of a special visa will be able to enter into basic employment relationships for their own subsistence without having to apply for an employment permit, therefore UA citizens would not have to visit the Czech Employment Office.

4.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Yes, it is covered by the hosting state for maximum period of duration of special long-stay visa – 12 months.

4.6. What are main taxes, which shall be paid by UA citizen during the stay?

See paragraph 3.5.

4.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

See paragraph 3.6.

4.8. Is it possible to open and use banking account?

Yes, for details see paragraph 3.7

4.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

For details see paragraph 3.8

4.10. Is UA driving license accepted? If yes, for how long?

For details see paragraph 3.9

4.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

For details see paragraph 3.10

4.12. What is required to sell a car brought from Ukraine in your country?

For details see paragraph 3.11

4.13. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

Kids under 15yo do not have to accompany their parents when applying for a special long-stay visa. To apply for special long-stay visa parents must submit at least passport or birth certificate of kid.

The presence of foreigners under the age of 15 does not have to be reported to the Czech Police.

For information about kindergarten please see paragraph 3.12.

4.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

Kids under 15yo do not have to accompany their parents when applying for a special temporary visa. To apply for special temporary visa parents must submit at least passport or birth certificate of kid.

The presence of foreigners under the age of 15 does not have to be reported to the Czech Police.

For information about schools please see paragraph 3.13

4.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

Please see paragraph 3.14

4.16. Are there any special regulations applied to elderly people at 60+ age?

No

4.17. Are there any special regulations applied to disabled persons?

No

4.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

For details see paragraph 3.17.

4.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Czech Employment Office offers one time emergency contribution for UA citizens who obtained special long-stay visa. In order to obtain this contribution, UA citizen must be holder of special long-stay visa, must visit the nearest branch of Czech Employment Office and fill in a special form. Each person must fill one application.

Kids under 6yo are eligible for 1970 CZK of one-time contribution.

Kids between 6yo and 15yo are eligible for 2420 CZK of one-time contribution.

Kids from 15yo to 26yo are eligible for 2770 CZK of one-time contribution.

Persons older than 26yo are eligible for 2490 CZK of one-time contribution.

4.20. Are there any restrictions to leave the country?

No

4.21. Any other important information.

(5)   If UA citizen entered the country aiming to get permanent residency permit

5.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

•         UA citizen can apply for permanent residency after 5 years of standard temporary residency.
•         Permanent residency permit is issued by Ministry of Interior to which the UA citizen must submit the application for permanent residency.
•         The process should take no longer than 60 days if the application is submitted in the Czech Republic.

Assuming the permanent residency permit is granted:

5.2. What is the maximum allowed duration of stay in the country?

Indefinite

5.3. Are any formal procedures (registration etc.) required for the stay?

UA citizen must apply for permanent residency permit to Ministry of Interior. All submitted documents shall be in Czech language or officially translated.

UA citizen must pass Czech language test

5.4. Is employment allowed?

Yes

5.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

If UA citizen is employed, then healthcare is covered. Healthcare of students and retired people is covered by a state.

5.6. What are main taxes, which shall be paid by UA citizen during the stay?

See paragraph 3.5.

5.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

See paragraph 3.6.

5.8. Is it possible to open and use banking account?

Yes

5.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

See paragraph 3.8.

5.10. Is UA driving license accepted? If yes, for how long?

Permanent residency can be obtained after 5 years of stay in the Czech Republic, therefore UA driving license would not be at this point accepted.

For details see paragraph 3.9.

5.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

See paragraph 3.10.

5.12. What is required to sell a car brought from Ukraine in your country?

See paragraph 3.11.

5.13. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

See paragraph 3.12.

5.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

See paragraph 3.13.

5.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

See paragraph 3.14.

5.16. Are there any special regulations applied to elderly people at 60+ age?

No

5.17. Are there any special regulations applied to disabled persons?

No

5.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Permanent residency can be obtained after 5 years of stay in the Czech Republic, therefore at this point no.

5.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

See paragraph 4.19

5.20. Are there any restrictions to leave the country?

No

5.21.  Any other important information.

(6)   If UA citizen entered the country aiming to get refugee status

6.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

Refugee status, according to Czech law, means that Czech Republic grants the refugee international protection for political or other reasons.

This process is not recommended by Czech authorities at the moment because due to the current situation it is inappropriately time consuming.

UA citizen shall visit International Protection Department, Ministry of the Interior right after coming to Czech Republic and apply for refugee status by filling special forms (that can be found here).

Refugee status (asylum) may (but also may not) be granted to foreign nationals who is persecuted for exercising political rights and freedom, has legitimate fear of being persecuted and may also be granted for humanitarian reasons.

The refugee status may be granted within 6 months, this period can be however extended.

Assuming the refugee status is granted:

6.2. What is the maximum allowed duration of stay in the country?

The refugee status is granted for the necessary period of time – there is therefore no upper limit.

6.3. Are any formal procedures (registration etc.) required for the stay?

Foreigner who wishes to apply for refugee status needs to register with International Protection Department, Ministry of the Interior.

Within 8 days after obtaining the refugee status the citizen is obliged to register with health insurance company.

6.4. Is employment allowed?

Yes, with no additional obligations.

6.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

If UA citizen is employed, then healthcare is covered. Healthcare of students and retired people is covered by a state. If otherwise, UA citizen needs to issue commercial health insurance.

6.6. What are main taxes, which shall be paid by UA citizen during the stay?

See paragraph 3.5.

6.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

See paragraph 3.6.

6.8. Is it possible to open and use banking account?

See paragraph 3.7.

6.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

See paragraph 3.8.

6.10.  Is UA driving license accepted? If yes, for how long?

See paragraph 3.9.

6.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

See paragraph 3.10.

6.12. What is required to sell a car brought from Ukraine in your country?

See paragraph 3.11.

6.13. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

See paragraph 3.12.

6.14. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

See paragraph 3.13.

6.15. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

See paragraph 3.14.

6.16. Are there any special regulations applied to elderly people at 60+ age?

No

6.17. Are there any special regulations applied to disabled persons?

No

6.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

For details, please see paragraph 3.17.

6.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

For details, please see paragraph 4.19.

6.20. Are there any limitations to leave the country?

No

6.21. Any other important information.

(7)   Language issues

7.1. What languages can be used for communication in your country?

The official language in Czech Republic is Czech language, however many official offices are prepared to communicate in English language. For most of Czech people it is also not a problem to understand Slovak language. Ministry of Interior has set up information line in the Czech and Ukrainian language (+420 974 801 802).

(8)   Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

Czech government proposed draft of bill (Lex UA) which responds to the current situation.

Lex UA would ease process of getting special long-stay visa to UA citizens.

If UA citizen applies for refugee status, the process of getting refugee status would be temporary suspended for the duration of special long-stay visa.

Healthcare of new-born baby would be covered by a state for up to 60 days after the birth.  

Healthcare for UA citizens would be covered by a state once UA citizen crosses Czech borders.

UA citizen who obtained special long-stay visa would not need to apply for an employment permit.

UA citizens who entered Czech Republic after 24.2.2022 and who obtained special long-stay visa are eligible for contribution of 5 000 CZK (in special cases contribution of 15 000 CZK may be granted)

Please note that the Lex UA is in a draft stage, therefore changes can be made.

Lex UA should be passed and applicable within days.

(9)   Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

Main information source of Ministry of Interior.

Main information source of Czech Employment Office

Information website of Ministry of Labour and Social affairs.

In case of any questions, UA citizens should contact hotline established by the Ministry of Interior (+420 974 801 802).

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

This review was prepared for Ukrainian refugees by the law firm Tsvetkova Bebov & Partners upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022, will be updated as relevant, also Ukrainian translations will be added. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

Цей огляд був підготований для українських біженців юридичною фірмою Tsvetkova Bebov & Partners на запит та під координацією міжнародної юридичної мережі Multilaw та української юридичної фірми Арцінгер. Огляд підготований станом на 11 березня 2022 року та буде оновлюватись відповідно, також будуть додаватись українські переклади. Цей огляд не є юридичною консультацією і має лише інформаційний характер. Слідкуйте, будь ласка за оновленнями на www.multilaw.com та/або www.arzinger.ua 

Tsvetkova Bebov & Partners

1. Entering the country

• Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

TBP: People arriving from Ukraine are admitted to the territory of Bulgaria upon presentation of one of the following documents:

• a valid EU digital COVID-19 vaccination certificate,
• a valid EU digital COVID-19 recovery certificate,
• a valid EU digital COVID certificate for conducted testing (a document showing a negative result from a polymerase chain reaction (PCR) test conducted up to 72 hours before entry into the country or a negative result from a rapid antigen test conducted up to 48 hours before entry into the country from the date of sampling entered in the document),
• a similar or an equivalent document containing the same data as the EU digital COVID certificate (for vaccination/recovery/testing).

People who do not present any of the documents mentioned above are allowed on the territory of Bulgaria and placed under quarantine for 10 days at home or other place of accommodation where the individual has indicated that he/she will reside, with a prescription issued by the director of the relevant regional health inspectorate or his/her deputy authorized by him/her. The stay is covered by the UA citizen. However, there are many local groups of people that provide help and shelter. For more information, please refer to our response to Question 9 below.

The quarantined person may carry out a PCR test to detect COVID-19 or a rapid antigen test not earlier than 72 hours after his/her arrival in Bulgaria. In case of a negative result of the conducted examination, the quarantine of the person shall be considered terminated from the day of registration of the result in the National Information System for Combating COVID-19. PCR testing is widely available at sites across the country, including hospitals and private laboratories. The fee is generally approximately BGN 100 for PCR test and BGN 15 for rapid antigen tests and is fully covered by the UA citizen.

• Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

TBP: UA citizens holding international biometric passports can enter and stay in Bulgaria without a visa for up to 90 days every 6 months.

If UA citizens wish to stay longer in Bulgaria (more than 90 days for every 6 months if they have a biometric passport), they should either (i) request for a protection status due to the current military situation in Ukraine (please refer to our reply to Question No 1.4. below) or (i) obtain a prolonged-term residence permit based on a visa type “D”.

Visa D entitling the UA citizen with the right to reside in Bulgaria up to 180 days is a prerequisite for obtaining a prolonged-term residence permit. In order to obtain a visa type “D”, the UA citizen must be outside the territory of Bulgaria applying in the Bulgarian consulate/ embassy in his/her country of residence. However, on exceptional basis foreign citizens legally residing in a third country other than his/her country of residence may exceptionally apply for visa “D” from that other country (for example Romania) after justifying the reasons for that.

In any case obtaining of visa “D” would require a certificate for clean criminal record which may be issued in Ukraine only. Currently, legislative changes are being considered to facilitate this process but there are none enforced yet. 

The decision for issue of visa D is taken within 35 business days as of the filing of the application.

Based on the visa type “D” issued the UA citizen may apply (before the expiration of the term of visa type “D”) for residing and access to the Bulgarian labor market on any of the most often applied grounds below for prolonged-term residence permit by submitting an application to the Migration Directorate, which has approximately 60-day deadline for a decision.

Unified residence and work permit

Unified residence and work permit is issued to non-EU citizens who apply for a residence permit for the purpose of work employed by a local employer. The permit is issued for a period of three years unless the validity term of the employment contract is less in which case it shall be granted in accordance with the term of the contract.

Intra-corporate transfer

Intra-corporate transfer is a temporary transfer for work or training of a non- EU citizen employed in a company with seat or registered address outside the Republic of Bulgaria, to a company or unit, with seat or registered address on the territory of the Republic of Bulgaria belonging to the same group of companies. The permit is granted solely for transfer of employees occupying the positions of manager, specialist or intern. It is issued for a period of one year. When the term of the employment contract is shorter than one year, the permit is issued for the duration of the contract. The period of validity of the permit may be extended to a maximum of three years for managers and specialists and one year for interns.

European Union Blue Card

A permit for prolonged-term stay and work of the EU Blue Card type may be granted to foreigners who meet the conditions to perform highly qualified work pursuant to Bulgarian legislation, which is proved by a diploma of higher education lasting at least 3 years in the field in which the employee will work. Such Blue card could be issued with validity of up to 4 years. Where the term of the relevant labor contract is shorter, the permit shall be issued for a period equal to the contract term.

To obtain a prolonged-term residence permit, the foreign citizens should present evidence of secured housing, mandatory health insurance, proof of sufficient means of subsistence so that they do not have to resort to the national social assistance system and documents of clean record. These are the general requirements, as for each type of permit there are additional characteristics to be observed, such as documents verifying education and experience of the applicant, documents that should be provided by the employer, etc.. Any social security payments and taxes shall be paid according to the Bulgarian legislation.

Foreigners with prolonged residence permit can enter the territory of Bulgaria without visa for the term of validity of the residence permit.

If an UA citizen does not have an international biometric passport, he/she shall request for a protection status due to the current military situation in Ukraine (please refer to our reply to Question No 1.4. below). It is worth noting that as an exception the application for visa type “D” (without international passport) may be accepted due to humanitarian reasons.

• Is entry without passport allowed?

TBP: UA citizens can enter Bulgaria without passports only in exceptional situations such as requesting protection status (refugee status, etc.).

• Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

TBP: The European Union has agreed on 3 March 2022 to trigger a never-before-used directive to grant temporary protection to UA citizens and people who have made Ukraine their home as well as their family members displaced by the conflict. Non-Ukrainian nationals and stateless people legally residing in Ukraine who cannot return to their country or region of origin, such as asylum seekers or beneficiaries of international protection and their family members, will also be granted protection in the EU. However, others who are legally present in Ukraine for a short-term and are able to return safely to their country of origins will fall outside the scope of this protection. Nevertheless, should be allowed access to the EU to transit prior to returning to their countries of origin.

The temporary protection was announces as granted for the territory of Bulgaria by the Bulgarian Council of Ministers on 9^th of March, issued based on theresolution of the Council of the European Union. The resolution of the Council of Ministers is not officially accessible yet. Based on the above any foreign citizens meeting the criteria for temporary protection will be given residence permits to stay inside the EU for at least one year, a period that will be automatically extended by six monthly periods for a maximum of one year. It is worth noting that protection can be claimed in any EU country, not only by the first country reached by the refugee.

The Temporary Protection Directive circumvents the traditionally overburdened asylum procedure and offers a quick and simplified path to access protection across the EU. Besides the legal right to stay inside an EU Member state, temporary protection enables access to the education system, labour market, healthcare, housing, professional assistance and social welfare. UA citizens who fit the requirements for temporary protection may use this option in order to access labor market in Bulgaria immediately.

Other foreigners that do not fall under the resolution of the Council of the European Union, or who entered the territory of Bulgaria with no international biometric passport shall immediately apply for international protection or asylum except in cases where the delay is due to reasons beyond their control.

International protection can secure the foreigners any of the below status:

• refugee status which shall be granted to a foreigner who for reasons of a well-founded fear of persecution due to his/her race, religion, nationality, political opinion or membership of a specific social group is outside his/her country of origin and who, for those reasons, is unable or unwilling to avail himself/herself of the protection of that country or return thereto, and
• humanitarian status which shall be granted to a foreigner who is not eligible for refugee status and who does not wish or is unable to receive protection from his/her country of origin as he/she may face a real risk of suffering serious harm.

Any foreigner who was granted refugee status has the rights and responsibilities of a Bulgarian national except for restrictions explicitly provided for by law, and one who has been granted humanitarian status has the rights and obligations of a permanent residence permit holder in the Republic of Bulgaria. For the duration of the procedure the foreigner shall be entitled to receive shelter and food, social welfare allowance, health care, access to medical help and gratuitous medical services according to requirements and procedures applicable to Bulgarian nationals, etc., and if proceedings are not completed within three months of filing the application for international protection due to reasons beyond the foreigner’s control the latter is entitled to access to the labor market.

Asylum is being granted by the President of the Republic of Bulgaria and foreigners who have been granted such have equal rights and obligations as those with a refugee status.

Any foreign citizen who has been granted international protection or asylum are entitled to (i) access the Bulgarian labor market without any permit required (ii) ask to be reunited with his/her family on the territory of the Republic of Bulgaria. The term of the granted international protection or asylum is assessed by the competent state authorities.

2) Stay in the country

• For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

TBP: Please refer to our responses to Question No 1.2. and Question No 1.4.

• Are temporary residency permits available for UA citizens?

TBP: Foreigners can reside in Bulgaria:

1. short-term – up to 90 days within each 180-day period from the date of entry into the country provided that they have an international biometric Ukrainian passport;
2. on a prolonged basis – with an authorized period of up to one year, or more if so provided by the applicable law please refer to our responses to Question No 1.2;

• Are permanent residency permits available for UA citizens?

TBP: Foreigners can reside in Bulgaria:

• on a long-term basis – where the initial period authorized is 5 years, with a possibility of renewal after the submission of an application – Long-term resident status shall be granted to any foreigner who has legally and continually resided in the territory of the Republic of Bulgaria for 5 years prior to submitting the application for permission to stay on a long-term basis. In most of the cases this regime will not be applicable to the UA citizens.
• on a permanent basis – where the period authorized is unlimited – it is granted to foreigners of Bulgarian origin; five years after contracting a marriage with a foreigner residing in Bulgaria on a permanent basis, provided that they have legally and continually resided in the territory of Bulgaria for 5 years; who have resided lawfully and continuously within the territory of the Republic of Bulgaria for 5 years immediately prior to the submission of the permanent residence application and, for the said period, have not been away for more than 30 months, etc. In most of the cases this regime will not be applicable to the UA citizens.

Applications are filed at the Migration Directorate.

• Is refugee status available for UA citizens?

TBP: Please refer to our response to Question No 1.4.

• Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

TBP: No

3) If UA citizen entered the country based on no visa regime, or based on tourist visa

• What is the maximum allowed duration of stay in the country?

TBP: UA citizens holding international biometric passports can enter and stay in Bulgaria without a visa for up to 90 days every 180 days

• Are any formal procedures (registration etc.) required for the stay?

TBP: No

• Is employment allowed?

TBP: UA citizens holders of international biometric passports but having no visa can be seconded or posted to Bulgaria by their foreign employer for up to 3 months out of every 12 month-period may to perform certain duties without a work permit, on the basis of a one-time registration with the Bulgarian Employment Agency.

UA citizens holders of international biometric passports or short stay visa “C” can also be employed by a local employer in the cases of seasonal work (in the agriculture, forestry and fisheries, hotels and restaurants sectors) up to 90 days on the basis of a one-time registration with the Bulgarian Employment Agency.  

If UA citizens are to be employed for a longer than 3 months period and not for the above reasons they will need to apply for prolonged-term residence permit after obtaining visa type “D” (please refer to our reply to Question No 1.2.) or to be under temporary protection (please refer to our reply to Question No 1.4.) or to apply for international protection or asylum if temporary protection is not applicable to them (please refer to our reply to Question No 1.4.).          UA citizens that enjoy international protection, temporary protection or asylum are entitled to access the Bulgarian labor market without any permit.

• Is healthcare covered by the hosting state?

TBP: No. In case of a short-term stay and prolonged-term residence permit health contributions are not due.

• What are main taxes, which shall be paid by UA citizen during the stay?

TBP: Income tax – 10%. This tax is paid by the employer.

Please note that an independent tax analysis is required on a case-by-case bases.

• What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

TBP: After entering Bulgaria UA citizens may continue working for Ukraine initial employer companies for the period of their legitimate stay in the country. In that case it shall be considered that the more beneficial provisions of the Bulgarian labor code may prevail even though employment will remain governed by the Ukraine law.

Furthermore, it shall be considered that payment of any taxes and social security payments will be subject to the Convention between the governments of the Republic of Bulgaria and of Ukraine for the avoidance of double taxation (hereinafter the “Convention”) and the Treaty between the Republic of Bulgaria and Ukraine on social security (hereinafter the “Treaty”).

According to the Convention remuneration derived by a Ukrainian resident in respect of an employment exercised in Bulgaria shall be taxable only in Ukraine if:

1)     the recipient is present in Bulgaria for a period (or periods) not exceeding a total of 183 days in any 12-month period; and

2)     the remuneration is paid by, or on behalf of, an employer who is not a Bulgarian resident; and

3)     the remuneration is not borne by a permanent establishment or a fixed base which the employer has in Bulgaria.

In order for the above to be applicable, these conditions must be met simultaneously. However, if the work is to be performed in Bulgaria for a longer period then 183 days the UA citizen should be withheld taxes according to the Bulgarian legislation.

As regards to social security, according to the Treaty persons employed in the territory of Ukraine but working on the territory of Bulgaria shall be subject to the Bulgarian social security legislation unless they are sent on a business trip by their employer in Bulgaria to carry out activities for the benefit of that employer in which case, they shall continue to be subject to the Ukrainian legislation for the first 24 months.

However, a case-by-case analysis is required when the employer is a company situated in a country different from Ukraine (a careful review of the specific treaties for avoidance of double taxation (if such are executed) is required).

• Is it possible to open and use banking account?

TBP: Yes, as far as the UA citizen has a residence permit or refugee status, humanitarian status or is afforded a right of asylum. Otherwise, some of the banks may refuse to open a bank account. And now Ukrainian citizens can use their debit and credit cards Visa or MasterCard within the daily limit set by Ukrainian banks and until the warranty limit for the particular card.

• What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

TBP: According to the Bulgarian Anti Money Laundering Act when opening a bank account, the banks shall apply customer due diligence measures. Part of those measures is clarifying the source of the funds, which may be done with a declaration of the UA citizen.

• Is UA driving license accepted? If yes, for how long?

TBP: Driving license issued in another country is valid on the territory of Bulgaria if this country is party to the Convention on Road Traffic (Ukraine is a party to the convention) and the license meets the requirements of Appendix 6 to the Convention or it is translated into Bulgarian by a certified translator whose signature is notary certified. 

UA citizens staying in Bulgaria for more than 1 year can drive in Bulgaria with their UA driving license for 1 year as of the date on which the residence status was issued. After that the UA driving license shall be replaced by a Bulgarian driving license at the Ministry of Interior, Traffic Police (https://www.mvr.bg/opp/en/home).

• What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

TBP: Document for Civil Liability Insurance in force and Vehicle registration certificate.

Up to 6 months a temporary admission regime with a total relief from import duties is allowed for vehicles which are intended for personal use by individuals established outside the customs territory of the European Union. Following the 6th month, the car must leave the EU or an import procedure must be applied. When the vehicle is an individual’s property intended for personal use only, it could be released for free circulation and exempt from customs duties and VAT upon import if the owner moves his/her usual place of residence from a third country in the EU.

The foreign registration numbers of the vehicle of the EU citizen shall be changed in Traffic Police if the EU citizen is permitted to stay in Bulgaria more than 3 months. Customs import document will be required for the registration procedure.

• What is required to sell a car brought from Ukraine in your country?

TBP:  If the car has never been registered in Bulgaria it can be transferred with a written agreement. The seller shall provide a receipt for the received payment from the buyer as well as the vehicle registration certificate.

If the car is registered in Bulgaria it can be transferred with an agreement with notary certified signatures of the seller and the buyer. The seller shall provide the following documents to the notary public:

1. ID document;
2. Vehicle registration certificate;
3. Document for concluded Civil Liability Insurance;
4. Certificate of insurance value of the vehicle. It must be issued by an insurance company
5. Receipt for paid local tax

• Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

TBP: No. Kindergartens are not available for short-term stay in Bulgaria.  

• Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

TBP: No. Schools are not available for short-term stay in Bulgaria. 

• Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

TBP: No. Universities are not available for short-term stay in Bulgaria.

• Are there any special regulations applied to elderly people at 60+ age?

TBP: No

• Are there any special regulations applied to disabled persons?

TBP: No

• Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

TBP: We are not familiar with such a state program.

• Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

TBP: We are not familiar with such a state program.

• Any other important information.

TBP: No

4) If UA citizen entered the country aiming to get temporary residency permit

• When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

TBP: Please refer to our reply to Question No 1.2. regarding prolonged-term residence permit.

Assuming the temporary residency permit is granted:

• What is the maximum allowed duration of stay in the country?

TBP: Please refer to our reply to Question No 1.2. regarding prolonged-term residence permit.

• Are any formal procedures (registration etc.) required for the stay?

TBP: Please refer to our reply to Question No 1.2. regarding prolonged-term residence permit.

• Is employment allowed?

TBP: Yes

• Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

TBP: No. However, the local employer company must insure health coverage for the employee. The health services (if such are used) shall be paid by the UA citizen.

Emergency medical care is free.

• What are main taxes, which shall be paid by UA citizen during the stay?

TBP: Please refer to our answer to Question No 3.5.

• What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

TBP: Please refer to our answer to Question No 3.6.

• Is it possible to open and use banking account?

TBP: Yes

• What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

TBP: Please refer to our answer to Question No 3.8.

• Is UA driving license accepted? If yes, for how long?

TBP: Please refer to our answer to Question No 3.9.

• What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

TBP: Please refer to our answer to Question No 3.10.

• What is required to sell a car brought from Ukraine in your country?

TBP: Please refer to our answer to Question No 3.11.

• Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

TBP:  No.

Kindergarten are available for children of parents legally residing more than 1 year (prolonged and long-term stay) or have a protection status (international protection or asylum). It is expected to be available also for all the foreigners subject to temporary protection.

In Bulgaria kindergartens are available for children aged from 10 months, where preschool education is obligatory starting from the age of 4. The application and admission to the municipal kindergartens is regulated by the respective municipality, starting from April 2022 these will be free of charge. However, in the big cities there has been a shortage of place and application process may take up to a few months. As an alternative there are “private” kindergartens where the monthly fee is determined based on the market practices.

• Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

TBP: No.

Schools are available for children of parents legally residing more than 1 year (prolonged and long-term stay) or have a protection status (international protection or asylum). It is expected to be available also for all the foreigners subject to temporary protection.

School education is mandatory from age of 7 on or from age of 6 according to parents’ assessment to age of 16. As a rule, school year in Bulgaria begins on September 15th and is divided in two terms. Schools are state, municipal, private. State/municipal schools are in general free of charge, the application and admission rules are determined on a local level. Private schools (incl. foreign language schools) are also available in Bulgaria.

• Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

TBP: The universities are available for children if they are up to 21 or older but supported of parents legally residing more than 1 year (prolonged and long-term stay) or have a protection status (international protection or asylum). It is expected to be available also for all the foreigners subject to temporary protection.

 The general age of majority in Bulgaria is 18 years. There are no specific rules for individuals aged 19 to 22 years.

The institutional management is performed according to the rights for an academic autonomy of the higher education institutions. Again, there are educational institutions which are state funded (semester fees vary depending on the institutions, level and type of education), as well as private ones.

• Are there any special regulations applied to elderly people at 60+ age?

TBP: We are not familiar with any special regulations applied to elderly people at 60+ age in terms, apart from the long-term care (LTC) system and certain benefits/ discount entitlements in the public sector (e.g., public transport discounts, lower administrative burden for driving license renewal, etc.)

Bulgaria’s LTC services are delivered by a variety of care institutions and programs, regulated by various laws. The services provided by these institutions are of limited coverage and are often reported to be inefficient. This places a significant financial and practical responsibility on the family.

• Are there any special regulations applied to disabled persons?

TBP: Employee, who by reason of a disease or employment injury is unable to execute the work assigned thereto, but who may execute another suitable work or the same work under relaxed conditions without hazard to his or her health, shall become an occupational rehabilitee, being transferred to another work or to the same work under suitable conditions at a prescription of the health authorities.

Employers are encouraged by the state to hire unemployed people with permanent disabilities.

• Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

TBP: We are not familiar with such a state program.

• Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

TBP: We are not familiar with such a state program.

• Are there any restrictions to leave the country?

TBP: No

• Any other important information.

TBP: No 

5) If UA citizen entered the country aiming to get permanent residency permit

• When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

TBP: Please refer to our reply to Question No 2.3.

Assuming the permanent residency permit is granted:

• What is the maximum allowed duration of stay in the country?

TBP: Please refer to our reply to Question No 2.3.

• Are any formal procedures (registration etc.) required for the stay?

TBP: Please refer to our reply to Question No 2.3.

• Is employment allowed?

TBP: Yes

• Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

TBP: Health contributions are due by the employer of UA citizens with long-term or permanent residence permit. If they are self-employed, health contributions are due by the UA citizens.

Emergency medical care is free.

• What are main taxes, which shall be paid by UA citizen during the stay?

TBP:  Please refer to our reply to Question No 3.5.

• What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

TBP: Please refer to our reply to Question No 3.6.

• Is it possible to open and use banking account?

TBP: Yes

• What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

TBP: Please refer to our reply to Question No 3.8.

• Is UA driving license accepted? If yes, for how long?

TBP: Please refer to our reply to Question No 3.9.

• What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

TBP: Please refer to our reply to Question No 3.10.

• What is required to sell a car brought from Ukraine in your country?

TBP: Please refer to our reply to Question No 3.11.

• Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

TBP: Please refer to our reply to Question No 4.13.

• Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

TBP: Please refer to our reply to Question No 4.14.

• Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

TBP: Please refer to our reply to Question No 4.15.

• Are there any special regulations applied to elderly people at 60+ age?

TBP: Please refer to our reply to Question No 4.16.

• Are there any special regulations applied to disabled persons?

TBP: People with confirmed long-term disability are generally entitled to allowances and invalidity pensions due to sickness, as well as supplement for external care in the event of more than 90% degree of disability. Application procedures are rather burdensome and take time.

• Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

TBP: We are not familiar with a state program.

• Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

TBP: We are not familiar with a state program.

• Are there any restrictions to leave the country?

TBP: No

• Any other important information.

TBP: No

6) If UA citizen entered the country aiming to get refugee status

• When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

TBP: Please refer to our reply to Question No 1.4.

Assuming the refugee status is granted:

• What is the maximum allowed duration of stay in the country?

TBP: Please refer to our reply to Question No 1.4.

• Are any formal procedures (registration etc.) required for the stay?

TBP: Please refer to our reply to Question No 1.4.

• Is employment allowed?

TBP: Yes

• Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

TBP: UA citizens in respect of whom a procedure for recognition of refugee status or for affording a right of asylum has been initiated is health insured where he/she is exempt from payment of health contributions. UA citizens that are recognized a refugee status, humanitarian status, temporary protection or who has been afforded a right of asylum are health insured. Since they are allowed to work the health contributions are paid by the employer. If they are self-employed, they shall pay the health contributions by themselves.

Children until 18 years of age if attending school as full-time students until completion of secondary education, but not later than the attainment of the age of 22 years; students until 26 years of age at universities and full-time doctoral candidates; any parents, adopters, spouses or one of the parents of the mother or father taking care of disabled persons with a type and degree of disability of 50 percent and more or with permanently reduced capacity for work for whom attendance has been approved, are health insured, where they are exempt from payment of health contributions.

Emergency medical care is free.

• What are main taxes, which shall be paid by UA citizen during the stay?

TBP: Please refer to our reply to Question No 3.5.

• What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

TBP: Please refer to our reply to Question No 3.6.

• Is it possible to open and use banking account?

TBP: Yes

• What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

TBP: Please refer to our reply to Question No 3.8.

• Is UA driving license accepted? If yes, for how long?

TBP: Please refer to our reply to Question No 3.9.

• What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

TBP: Please refer to our reply to Question No 3.10.

• What is required to sell a car brought from Ukraine in your country?

TBP: Please refer to our reply to Question No 3.11.

• Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

TBP: Please refer to our reply to Question No 4.13.

The country’s regional education departments accept applications from Ukrainians seeking or receiving international protection who want to enroll their children in kindergarten or school. The application is available on the website of the Ministry of Education and Science (https://www.mon.bg/bg/news/4708). In the application they must indicate the mother tongue of the child, whether he/ she speaks to some extent Bulgarian or other European languages, where and which class he/ she graduated in his/ her country. Consultations can be obtained on the Hotline of the Ministry of Education and Science 0800 16 111.

• Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

TBP: Please refer to our reply to Question No 4.14 and 6.13.

• Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

TBP: Please refer to our reply to Question No 4.15.

• Are there any special regulations applied to elderly people at 60+ age?

TBP: Please refer to our reply to Question No 4.16.

• Are there any special regulations applied to disabled persons?

TBP: Please refer to our reply to Question No 5.17.

• Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

TBP: We are not familiar with a state program at this stage, although there are on-going discussions in the public sector.

• Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

TBP: At the suggestion of the Minister of Tourism, Ukrainians will be entitled to assistance in the total amount of BGN 40 (EUR 20) per person per night and one meal for up to three months from the submission of an application for protection. However, we are expecting the resolution of Council of Ministers that can provide further details.

• Are there any limitations to leave the country?

TBP: No

• Any other important information.

TBP: No

7) Language issues

7.1. What languages can be used for communication in your country?

TBP: The official language for communication with the state authorities is Bulgarian. Therefore, all documents provided to state authorities shall be translated into Bulgarian (i) by a certified translator whose signature shall be notary certified or (ii) by a Bulgarian consulate. However, most of the institutional websites are translated in English and there are some public services available in English language. Also, most people understand Russian.  

8) Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

TBP: Public discussions are on-going, legislative changes, if any, may be expected in the area of facilitating the access to the Bulgarian labour market, educational and health system.

9) Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

TBP: The Association of Ukrainian Organizations in Bulgaria “Mati Ukraina” has created a group to help refugees from Ukraine in Bulgaria and announced an account to which people can donate funds. The group‘s link: https://www.facebook.com/groups/338927668246444

The mobile operators Vivacom and A1 are making international calls to Ukraine free, and Telenor is also providing free-roaming.

A team of volunteers supported by business partners and NGOs has developed a web-based platform to coordinate evacuation, relocation, and accommodation efforts: https://www.bg4ua.com/.

General Information on the rights and obligations of newly recognized refugees and humanitarian status holders in English is also available on the institutional website of the Bulgarian UN Refugee Agency:  https://refugee.bg/en/.

The Sofia Bar Association announced a hotline providing free of charge legal advisory in English/ Russian: +359 879 292 230; +359 879 292 231.

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.