Temporary Protection Status in Belgium: Temporary by Design, Planning for the Future is Essential
The European Union’s Temporary Protection status was activated as an urgent response to the mass displacement caused by the conflict in Ukraine. Currently extended until 4 March 2027, Ukrainian nationals benefitting from this status enjoy the right to reside and work in Belgium. However, it is important to recognise that this protection is inherently temporary and does not provide certainty to long-term security. With no certainty around extensions beyond 2027, employers and Ukrainian employees must begin proactive planning to secure their legal status in Belgium.
Temporary Protection in the EU and Belgium: An, Exceptional Measure
The Temporary Protection Directive (TPD), implemented in Belgium under Chapter IIbis of the Aliens Act of 1980, is an exceptional legal instrument outlined to address mass influxes of displaced persons unable to return home safely. Since its inception, the EU has activated this directive only twice: initially for the conflicts in the former Yugoslavia, and most recently following Russia’s invasion of Ukraine in February 2022.
On 4 March 2022, the EU applied Temporary Protection status to displaced persons from Ukraine, with the latest extension prolonging this status until 4 March 2027. This protection applies to Ukrainian nationals and their family members who had their primary residence in Ukraine before 24 February 2022. It also covers stateless persons and third-country nationals who previously benefited from international or equivalent national protection in Ukraine.
Legal Status of Ukrainians residing under Temporary Protection status in Belgium
Ukrainian nationals benefiting from Temporary Protection in Belgium enjoy significant rights, including:
- Right to reside and work: Beneficiaries can reside and work in Belgium without the need for additional work authorisations, enjoying unrestricted access to the labour market.
- Family reunification: Eligible for family reunification, including spouses, children, parents, and other family members.
- Short-term mobility within the EU: Beneficiaries may travel within the Schengen zone for up to 90 days within any 180-day period. However, those granted Temporary Protection in other Member States do not have the transferable right to reside or work in Belgium beyond 90 days without authorisation.
- Access to healthcare, education and social welfare
Transitioning Beyond Temporary Protection: Why Early Planning is Critical
Temporary Protection is a short-term solution. If the EU decides not to extend Temporary Protection beyond March 2027, and if Member States do not implement national solutions, affected individuals could face a legal cliff and losing their right to stay, work and reside in Belgium.
Importantly, time spent under this status does not count towards long-term residency rights in Belgium. However, once a Ukrainian national obtains a change of status, the period spent under Temporary Protection can be taken into account for the calculation of the five years of continuous and legal residence required for permanent residency.
The EU urges Member States to support Ukrainians in transitioning to alternative legal statuses. These may include granting national residence permits based on employment, education, training, family reunification or asylum, as well as EU-level permits for highly qualified workers. Member States are also encouraged to provide clear information on these transition pathways and their implications.
What Employers Should Do Now and How Deloitte Can Support You
For employers, the evolving legal landscape presents three key risks:
- Talent continuity: Potential loss of valuable employees if their legal status lapses.
- Compliance exposure: Risk of employing individuals without valid residence or work authorisation.
- Strategic planning gaps: Lack of foresight in workforce planning and immigration compliance.
To mitigate these risks, Deloitte suggests employers to take immediate, proactive steps:
- Analyse the current situation: Engage in open dialogue with your Ukrainian employees to understand their current status and eligibility for alternative legal residence options in Belgium (e.g., work permits, study visas, family reunification, asylum).
- Plan ahead: Encourage eligible employees to initiate the transition process while Temporary Protection remains active.
Deloitte Belgium’s immigration teams stand ready to guide you through this complex process. We offer tailored support to be compliant with Belgian immigration law, help identify the most appropriate legal status for your employees, assist with application preparation, and provide practical advice on entering these sensitive conversations.
