War in Ukraine – impact on immigration position of Russian and Ukrainian employees in Belgium
Mar 21, 2022
Since the beginning of the Russian offensive in Ukraine, many questions have been arising regarding the immigration situation of Ukrainian and Russian citizens. Many employers in Belgium want to ensure that the residence titles of their Russian and Ukrainian employees will not be impacted. They also want to provide assistance to their employees with family members in Russia and Ukraine, who are trying to leave these respective countries. Employers’ efforts in this respect really have been quite remarkable. This newsletter will provide you with an overview of the immigration and work authorisation measures which the authorities in Belgium have taken lately regarding Russian and Ukrainian nationals.
Ukrainian citizens
Ukrainian nationals arriving in Belgium: Implementation of a temporary protection status
In 2001, following the conflicts in former Yugoslavia, the Council of the European Union adopted Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof. This Directive was transposed into Belgian law by Article 57/29 of the Foreigners Act of 15 December 1980.
On 27 February 2022, the Commission proposed to activate the Temporary Protection Directive for the first time. Eventually, on 4 March 2022, due to the mass influx of people fleeing Ukraine, the Council adopted the implementing decision introducing a temporary protection status.
Not only can Ukrainian nationals and their family members residing in Ukraine apply for temporary protection status, but so too can third country nationals or stateless persons and their family members enjoying protection in Ukraine. This status can be requested by applicants in person at the designated registration centre in Brussels ( Brussels Expo Hall Palais/Hall 8 - Heysel). Applicants will have to carry with them their Ukrainian identity documents. If the applicants’ situation is considered to fall within the scope of the temporary protection measure, a temporary protection status certificate will be issued. Applicants can then take this certificate to the municipal administration of their place of residence. The municipal administration will then issue a residence permit type A, which will be valid for at least one year.
Ukrainian nationals already staying in Belgium
First of all, if the situation in Ukraine does not allow for a safe return at the end of the 90 days’ stay, or by the time the Belgian residence permit expires, Ukrainian nationals (who were already staying or residing in Belgium but who are not able to leave Belgium on time) can request an extension of their authorised stay, up to a maximum of 180 days.
Second, Ukrainian nationals who have already arrived in Belgium are also allowed to apply for a residence permit, directly at the town hall of their place of residence in Belgium. They are no longer required to obtain the visa D outside Belgium. If they still wish to apply for a visa D first, they are welcome to apply for this at the Belgian Consulate General in Poland (Warsaw) or at any other Belgian embassy or consulate outside the Schengen area.
Work Authorisation
Thanks to Article 10, 6° of the Royal Decree of 2 September 2018, the Ukrainian citizens who are granted temporary protection are also granted immediate access to the Belgian Labour market.
PwC Legal has also asked the regional employment authorities whether single permit applications for Ukrainian nationals could be prioritised, due to the current specific circumstances. The aforesaid authorities indicated that giving preferential treatment to single permit applicants based on their citizenship is not desirable. However, they have received an instruction from the Belgian immigration office that single permit applications can be accepted in the event that they are not complete (for instance if a legalised Ukrainian police clearance certificate or a Ukrainian medical certificate is missing as they are aware that these documents might be currently difficult to obtain). These files will be treated on a case-by-case basis by the competent authorities.
Russian citizens
Because of the many sanctions that have been imposed on Russia, many employers have been wondering whether these sanctions might also impact the Belgian immigration position of their Russian employees.
First of all, there has been a partial suspension of the treaty between Russia and the European Union with regard to the visa application process. This means that the preferential visa application process for specific Russian nationals (e.g. Russian national or regional representatives, Russian holders of a diplomatic passport, Russian businessmen and women, representatives of Russian business organisations) has been suspended.
Besides this temporary suspension, Schengen visa applications, work permit applications and single permit applications for Russian nationals will still be treated. Thus, as such, the current impact of the sanctions against Russia on the Belgian immigration opportunities of Russian nationals remains low.
Finally, the Belgian immigration authorities have also made it possible for Russian nationals (who are staying in Belgium on the basis of a Schengen visa, or who are residing in Belgium on the basis of their residence permit, and who are not able to leave Belgium prior to the expiration of their visa or residence permit due to the disruption of air connections from various European countries to Russia) to apply for an extension of their stay until they are able to return.
Key takeaways for employers
Fortunately, the Belgian government has taken several measures to offer quick and effective assistance to people impacted by the current conflict between Russia and Ukraine.
Our general advice to employers currently would be to keep in mind the following two points:
Always take care to check work authorisation statuses. If a Ukrainian employee holds a temporary protection status, work activities can be performed in Belgium. However, if a Russian or Ukrainian employee holds a temporary extension document, because he or she is not able to leave Belgium prior to the expiration date of their residence permit or visa, access to the labour market is no longer guaranteed. As such, if these employees wish to continue to work in Belgium, additional work permit applications might be required.
The current assistance measures for Ukrainian and Russian employees are temporary in nature. For example, according to the Foreigners Act, the temporary protection status for Ukrainian nationals will be extended for 6 months after expiry, as long as the protection status for Ukrainian nationals continues to be applicable at EU level. If you have provided the Ukrainian temporary protection holder with an indefinite employment agreement, it might be a good idea to apply to change their residence status in Belgium to that of a single permit holder, in order to avoid any work and residence authorisation gaps once the protection status is lifted.
PwC Legal is monitoring the situation closely as things are evolving very rapidly. We will provide new updates on any changes. In the meantime, if you have any questions regarding the temporary measures, do not hesitate to reach out; we’d love to hear from you.
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