Menedék Hungarian Association for Migrants is watching anxiously as the war in Ukraine. We feel compassion for everyone who will experience suffering, fear, and uncertainties, and who will have to flee their homes in the times to come. This article is a summary of what people fleeing Ukraine for Hungary can expect based on current regulations.
[For Ukrainian and Russian; last update: 10.05.2022] ;
1. Who gets temporary protection?
The first Hungarian Asylum Law that came into force in 1998 already included the concept of temporary protection, but the Hungarian government has never applied it since its introduction. The legal framework for temporary protection in the EU was created because of the Yugoslav Wars with the adoption of Council Directive 2001/55/EC. This was incorporated into Hungarian law through Act LXXX of 2007 on Asylum.
This category of asylum was created for cases when large numbers of people are arriving in Hungary / the EU due to an armed conflict, civil war, or the general, systematic, or gross violation of human rights, and there is no time or capacity to implement the regular asylum procedure, or it is not practical to do so (since it is obvious what people are fleeing from). Similar situations have occurred in the past, e.g. in 2015, but at that time neither Hungary nor the EU decided to invoke the rules for temporary protection.
2. How can the rules for temporary protection be invoked?
- the Council of the European Union (the meeting of ministers of the member states) can decide to invoke Directive 2001/55/EC; in this case, every member state should provide temporary protection to asylum seekers (except Ireland and Denmark, which have opted out of/have not opted in to the EU’s asylum policies); or
- the Hungarian government can decide to provide temporary protection.
In this case, it was the Hungarian government that acted first. The relevant decree 56/2022 (II.24.) was published in the Official Gazette of Hungary (Magyar Közlöny) on 24 February.
On 4 March, the European Union also made a decision to invoke temporary protection (in the Council Implementing Decision (EU) 2022/382), which means member states are obligated to provide temporary protection. To implement the EU decision, the Hungarian government published decree 86/2022 (III.7.), which replaced the previous regulation.
3. Who does temporary protection apply to?
Based on government decree 86/2022 (III.7.), temporary protection applies to
- Ukrainian citizens who resided in Ukraine before 24 February 2022, and
- Third-country citizens (meaning non-Ukrainian and non-EU nationals) who received international protection or a protection equivalent to that who resided in Ukraine before 24 February 2022, and
- Family members of persons who belong to the above groups who were in Ukraine before 24 February 2022 (meaning spouse, children, and other dependent family members who lived under the same roof).
Third country nationals who stayed legally in Ukraine but cannot return to their country of origin do not receive temporary protection in Hungary as stipulated in EU law; in their case, the Immigration Office applies regular procedures. However, EU law requires Hungary to provide some kind of protection to them, if not based on EU law, then based on Hungarian law.
4. How long will temporary protection last?
- If it is granted by the member states based on an EU decision, it is valid at least for one year (extension possible).
- If it is granted by Hungary based on a government decision, it lasts for the time included in the decree.
Government decree 86/2022 (III.7.) is in effect until the expiry of Act I of 2021 about coronavirus pandemic control – i.e., until 1 June 2022. However, in accordance with EU law, temporary protection must be granted for one year, which means the Hungarian government will have to extend the time of temporary protection it offers.
5. What does temporary protection entail? What are the rights of the beneficiaries of temporary protection?
Beneficiaries of temporary protection have the right to:
- an ID document,
- a residence permit (that indicates their place of residence);
- work without a work permit (Also, the one who has already applied for temporary protection status):
- stay at the reception center, with reception services available during the entire period of temporary protection;
- healthcare (available services defined by law)
- reimbursement for costs connected to primary and secondary education (including travel costs);
- reimbursement for travel costs (for purposes connected to administrative procedures, health care, integration services, job seeking, trips connected to employment);
- reimbursement for the translation costs of their documents;
- Financial support for leaving Hungary for good;
- free participation in a Hungarian language course (520 lessons);
- a monthly subsistence allowance of HUF 28,500 (ca. EUR 62) for adults or HUF 13,700 (ca. EUR 37) for children; on the condition that they should present themselves to the Authority and accept the job the Authority can offer them (unless they have already found a job, they are taking care of a child under 3 years of age, or they are under 18 years of age and attending full-time education).
- the same right for school-age children to attend school as Hungarian children (since this type of residence permit must be valid for more than 3 months);
- children of persons under temporary protection are also allowed to attend kindergarten or nursery school.
In both Hungarian and EU law, it is clarified that the status of being a beneficiary of temporary protection shall not prejudge recognition of the refugee status. As a result, those under temporary protection can still apply for refugee status.
6. What happens to Hungarian citizens fleeing Ukraine?
Over the last few days it became evident that even though Hungarian citizens living in Ukraine should have the same rights as those living in Hungary, they could not take advantage of the same healthcare and social services because of Hungarian regulations.
After several NGOs, including Menedék Association tried to raise awareness to this fact, the government decided that Hungarian citizens now fleeing Ukraine are entitled to the same rights listed above in section 5, unless they are entitled to better options as Hungarian citizens (e.g. they can always enter employment without a work permit). This is a step forward e.g. in their healthcare situation. They can also apply for a monthly subsistence allowance at the Authority, on the condition that they should present themselves to the Authority and accept the job the Authority can offer them (unless they have already found a job, they are taking care of a child under 3 years of age, or they are under 18 years of age and attending full-time education).
7. Subsidies for employers employing persons fleeing Ukraine
An employer who employs a Ukrainian or Ukrainian-Hungarian citizen who has fled to Hungary since 24th February 2022, for at least 20 hours a week can apply for a subsidy from the government to cover the costs of accommodation and travel to work ( on the condition that the employer provides travel to work and adequate accommodation for the employee and, if their family is also in Hungary, for their family as well). Under certain conditions, this support can also be claimed in the case of Ukrainian citizens who arrived in Hungary before 24th February 2022.
Menedék Association has more than 25 years of experience, and it is ready to provide help to everyone who is fleeing Ukraine now or who is already in Hungary and cannot return to Ukraine.