In the context of the ongoing military conflict in Ukraine and the migration wave, the temporary protection framework has been extended by the Council of the European Union. Following this decision, the emergency measures governing the status of refugees from Ukraine are being further amended.

The government bill amending Act No. 65/2022 Coll., on certain measures in connection with the armed conflict on the territory of Ukraine caused by the invasion of the Russian Federation troops, as amended, and other related laws, known in the media under its more concise title Lex Ukraine VII, was delivered to the President for signature on 30 January 2025.

In this article we list the most important changes introduced by the new legislation:

1. New residence permit: The amendment introduces a special residence permit, the so-called long-term residence in connection with the armed conflict on the territory of Ukraine. Persons who are economically self-sufficient and independent of the benefit system will be able to obtain ordinary residence status under the standard regime of the Aliens Residence Act. One of the advantages of this novelty is the validity of this special residence permit for 5 years without the condition of fulfilling a specific purpose of residence. However, temporary protection status will continue to apply to Ukrainian refugees who do not meet the conditions for obtaining it or do not wish to apply for it at all.
2. Extension of temporary protection: Holders of temporary protection currently valid until 31 March 2025 will be able to extend their temporary protection until 31 March 2026 in two steps: online registration within the Information Portal for Foreigners and a subsequent visit to the Department of Asylum and Migration Policy (OAMP) to issue a new visa sticker. The foreigner reserves the date for a personal visit to the relevant workplace when registering.
3. Change in the amount of the humanitarian benefit: The amount of the humanitarian benefit will be increased for disabled or handicapped persons with temporary protection by CZK 6,600 for children and CZK 4,400 for adults. These amounts correspond to the amount of the care allowance for people in stage 2 dependency. As foreigners with temporary protection are not entitled to the care allowance, this measure aims to compensate for the need to ensure proper care for refugees who are medically disadvantaged. It should be noted that these amounts are not the final amount of the humanitarian benefit provided, but enter into the overall calculation, which is further influenced by the income and financial circumstances of foreigners with temporary protection.

In addition, the amendment provides that scholarship will not be taken into account as income in determining eligibility for the humanitarian benefit. This is intended to motivate refugees with temporary protection to study.

4. Education: One of the most debated changes, which was incorporated into the final form of the law by an amendment, is the possibility for primary schools to organize two separate dates for enrolment in the first grade. The first date is for all children, while the second, later date is reserved exclusively for children of Ukrainian refugees. The aim of this novelty is to address the problem of school capacity in some areas, especially in Prague.
5. New offense: Another controversial amendment, the content of which was reflected in the final form of the amendment, is the introduction of the crime of unauthorized activity for foreign power. The new offence will sanction the performance of activities for a foreign power on the territory of the Czech Republic with the intent to threaten or harm the constitutional establishment, sovereignty, territorial integrity, defence or security of the country. If an offender commits this offence, he or she will face a penalty of one to five years’ imprisonment, or up to fifteen years’ imprisonment in case of fulfilment of a specific criminal offence However, the amendment does not contain a more precise definition of “activity”, which makes the hypothesis of the offence largely indeterminate.

The approved amendment aims to reflect the needs of further integration of Ukrainian refugees into Czech society and also introduces measures to ensure sustainability of the support provided. Although the practical impact of some of the changes brought about by the amendment can be expected to be problematic, on the whole it is positive news for Ukrainian refugees.

If you have any questions regarding temporary protection, new special long-term residence or migration and immigration law in general, please do not hesitate to contact us. Our experts with many years of legal experience in this area will be happy to help you with your specific situation.