EMN Luxembourg Study: The Application of the Temporary Protection Directive in Luxembourg: Challenges and Good Practices in 2023

Overall, most challenges in 2023 were the same as in 2022. The measures employed back in 2022 have proven successful and were – sometimes with adaptations based on gained experience – continued. However, despite their effectiveness, some measures require additional time to fully unfold their positive impacts.

Specific situations, such as the labour market participation of beneficiaries of temporary protection (BTPs), take longer to improve as remedying of the identified challenges, lack of language skills and childcare spots, recognition of qualifications takes time. This situation results in low labour market participation of BTPs.

  • Legal pathways beyond TPD and transition from temporary protection to other types and forms of residence

Given they fulfil the requirements and have adequate housing (they cannot benefit of this if they remain in the reception facilities), beneficiaries of temporary protection in Luxembourg can apply for a residence permit for salaried workers or,

as family members of BTPs, they can apply for a family member residence permit.

In both cases, the moment BTPs are granted their residence permits, their temporary protection status has to be renounced.

  • Travel of beneficiaries of temporary protection

BTPs travel within the Schengen area have not posed any greater challenges. The verification whether BTPs enjoy temporary protection or similar statuses in other MS, will remain necessary. Thus, the Temporary Protection Registration Platform will continue to be a useful tool. In case BTPs chose to establish residence in another MS, they should renounce their TP-status in Luxembourg first. Otherwise, their TP status will be revoked, and they lose their related benefits.

  • Assistance to people wishing to go home (back) to Ukraine

Luxembourg does not assist BTPs wishing to travel or to return from Ukraine.

  • Registration

Since the Luxembourgish government established a one-stop-shop on 30 March 2022, there have not been any major changes in the process of registration and granting of temporary protection.

  • Access to rights provided under the TPD, including accommodation, labour market, healthcare, education, social assistance and support for vulnerable groups

While a number of challenges under the TPD in Luxembourg and responses have not changed because they behave proven successful or because the underlying issue could not (yet) be remedied, some measures have been adapted or tightened based on gained experience as outlined below.

  • Accommodation

Overall, the housing market in Luxembourg is a national structural problem, making it difficult for the majority of residents to find a place to live. With private accommodation offers continuously decreasing, the reception capacities have reached maximum capacity, which will be create a challenge for the reception of new applicants for temporary protection fleeing the war in Ukraine.

  • Labour market

No new challenges or changes with respect to providing access to salaried work or self-employment during the research period arose. The main existing challenges, i.e. insufficient language skills and childcare, recognition of qualifications remain the same as they require a lot more time to improve. It is hoped that when the first BTPs reach sufficient language levels, their labour market participation will start to increase.

  • Health care

While several issues have been solved, a main challenge remains assuring continuous financial coverage of healthcare access in the period between when refugees from Ukraine arrive in the country until they are as BTPs affiliated with the national health fund.

In May 2023, the Refugee Health Service of the Directorate of Health has set up a psychological unit, which brings together stakeholders and players in the field to coordinate the processes of detection, referral, and networking of psychologically vulnerable patients. Most patients are from war zones and are screened to detect emotional distress and mental health among refugees, the Refugee Health Screening 15 (RHS-15).

  • Education

The key challenges in the area of education are the same as in 2022. The SECAM’s actions are considered as good practices. Public international schooling is at the heart of the support and integration of Ukrainian pupils.

  • Social assistance

There were no major changes with respect to access to social assistance for BTPs but certain aspects within this field have been fine-tuned by the Law of 7 August 2023. According to the law, beneficiaries of temporary protection benefit from the same redefined material conditions as applicants of international protection.

  • Support for vulnerable groups

There were no new key challenges in identifying vulnerable persons under the TPD. With regard to assistance and support for vulnerable persons a key challenge is to find adequate support and housing facilities for people with mobility problems and special needs (e.g. senile dementia, special needs linked to advanced age).

Do not hesitate to consult the full study for all the details (attached below).

 

Archives

Categories

Meta

Archives

Categories

Meta

Archives

Categories

Meta

Archives

Categories

Meta