Information regarding migration of Ukrainians to Baltic states and applicability of the Temporary Protection Directive in Estonia, Latvia and Lithuania

ESTONIA

Application of the Temporary Protection Directive in Estonia

The Temporary Protection Directive (Council Directive 2001/55/EC) has been implemented in Estonia through the Act on Granting International Protection to Aliens (available online in English here). The adaptation is without any major exceptions.

Entry and stay in Estonia

Estonia has reinstated border checks with the border with Latvia in order to facilitate accepting of war refugees from Ukraine and assist them with submitting any application necessary for obtaining temporary protection in Estonia (including a residence permit). If such check-up is not present, the application should be submitted to the Estonian Police and Board Guard Board as soon as possible.

The applicant is in summary requested to present (if such documents are available for the applicant):

1. personal identification or other documents which may assist in identify the applicant;
2. visas, living permits or decisions of refusal for such documents as well as documents proving border crossing;
3. any documents proving family relationships.

Through the application, the Estonian Police and Border Guard Board is obligated to verify (to the extent possible) if the person qualifies for temporary protection under the Directive 2001/55/EC.

The application must be submitted in person. Family of the applicant will qualify for the residence permit on the same grounds as the applicant.

After submitting the documents, the applicant is given a certificate to prove their status under temporary protection.

Aid and social services in Estonia

Place of living – if the persons under temporary protection do not have options for their own living arrangements, they will be assisted by local municipalities as well as the Social Insurance Board (contact is here: ukraina@sotsiaalkindlustusamet.ee)

Health care – Estonia guarantees health care in the event of a serious or life-threatening health disorder. General health care or specialist medical care depends on whether the person is insured (also results from employment)

Employment – A person under temporary protection as well as their family members are allowed to work in Estonia. The persons under temporary protection have access to government provided job market services (career counselling, job search counselling and job placement, skills development)

Persons under temporary protection also have rights to subsistence benefits. The exact amount depends on the living arrangements and assistance required for the applicants in question.

Mental health – the persons under temporary protection are granted mental health support in Estonian, Russian and English via phone number 372 116 006.

A press release on assistance provided is available here (in Estonian): https://www.sm.ee/et/uudised/sotsiaalministeeriumi-infoleht-kovidele-sojapogenike-vastuvotmine

LATVIA

Application of the Temporary Protection Directive in Latvia

The temporary protection directive (Council Directive 2001/55/EC) has been transposed into Latvian law (namely Asylum Law) (available online in English here).

Notwithstanding the above, the procedure for granting temporary protection has not been fully established and it is currently being actively worked on. Thereby at present, for civilians of Ukraine the principles of temporary protection provided by Asylum Law are provided by Law on the Support of Civilians of Ukraine which entered into force on March 5, 2022 (available online in Latvian here).

Entry and stay in Latvia

According to the Law on the Support of Civilians of Ukraine, if a civilian of Ukraine does not have the right to reside in the Republic of Latvia or has the right to reside but has no right to employment and has a valid travel document, the Office of Citizenship and Migration Affairs, the State Border Guard or diplomatic missions abroad shall issue a long term visa with the right to employment without restrictions for a period of up to one year. The subjects of this law are exempt from proving a place of residence in Latvia, a valid health insurance policy, document providing the necessary financial means and are an exempt from the state fee for the examination of documents submitted for visa application

Documents to be submitted for long term visa:

• completed application form;
• photo (standard passport size photo);
• valid travel document (if a travel document issued in Ukraine has expired, it shall be considered valid in the Republic of Latvia until 28 February 2023).

NB! The absence of travel documents will not be an obstacle for Ukrainian citizens to enter Latvia.

Also, there is no need to present any medical documents to enter Latvia (vaccination certificate, COVID-19 test).

Aid and social services in Latvia

Civilians of Ukraine are entitled to free social services, education, medical care. The state provides primary support to the civilian population of Ukraine for up to 90 days – accommodation and catering services, as well as basic necessities (hereinafter all together – primary support to persons).

Social services: Ukrainian civilians have the same rights to social services and social assistance as the Law on Social Services and Social Assistance for Latvian citizens and non-citizens of Latvia. Support is provided by the Society Integration Fund. Support for the most deprived persons available. Up to 30 days of social rehabilitation services at the State Agency for Social Integration available.

Employment: Right to employment without restriction (long term visa required. No need for a vacancy registered at State Employment Agency). Also, services for Ukraine civilians (job searching, search of suitable jobs) are provided by the State Employment Agency.

Education: minor Ukrainian civilians have the right to education.

Accommodation: if the Ukraine civilians do not have options for their own living arrangements, they have to turn to the State Border Guard and they will provide with a place to stay in Riga. Latvian civilians are ready to provide both short-term and long-term accommodation for Ukrainian citizens, free of charge or at a reduced rate (more information here).

Health care: civilians of Ukraine have the right to receive state-paid health care services in the same amount as persons insured in Latvia within the framework of compulsory state health insurance.

Most vulnerable groups: municipalities provide immediate assistance to the civilian population of Ukraine with severe or very severe functional impairments that limit a person’s ability to move and take care of themselves, as well as provide social care services at the place of residence and services to support the movement.

Other support:

• state-funded technical aids as a matter of urgency;

• Ukrainian citizens have the right to open a basic account with Latvian credit and financial institutions;
• other support after the assessment of the individual needs of the relevant person.

The helpline “Assistance for Ukrainians in Latvia” will provide war refugees from Ukraine with centralized information on available help and support in Latvia, such as how to get employment, psychological help, legal support, an interpreter, health care, social support, or other services. In turn, Latvians will be provided with information about donation opportunities and how to provide support, for example, by engaging in volunteer work.

Initially, the informational helpline will work around the clock without holidays and answers will be available in Latvian, Russian, Ukrainian and English.

The people of Ukraine who come to Latvia fleeing the Russian war in Ukraine, are kindly asked to register at: palidziukrainai.lv to apply for support. Single helpline  371 27380380

LITHUANIA

Application of the Temporary Protection Directive in Lithuania

Directive 2001/55/EC (The Temporary Protection Directive) has been transposed into Lithuanian law (namely Law on Aliens) almost entirely with the small exceptions of few procedural issues.

Entry and stay in Lithuania

Ukrainian citizens, their family members and stateless persons residing in Ukraine, who have left Ukraine because of military activities of the Russian Federation and are now arriving to the Republic of Lithuania, are able to get a national visa or a temporary residence permit free of charge. There is no need for the issuance of the national visa or temporary residence permit to present the following documents: passport, health insurance, other documents entitling Ukrainian citizens to enter and stay in the Republic of Lithuania.

If Ukrainian nationals and their family members arrive in Lithuania from Poland as persons in need of humanitarian assistance, they should register at the Registration Centre (Pramonės g. 1B, Alytus). Ukrainian refugees and their family members who do not have a valid travel document will be issued a foreigner’s registration certificate until their legal situation is resolved. Those who do not have a place of residence will be taken to temporary accommodation.

At this stage, crossing the Ukraine-Poland border is possible under any circumstances, even without a valid visa. Moreover, Ukrainian refugees are not required to submit travel documents, health insurance and other documents required to enter Lithuania. Citizens of Ukraine holding a biometric passport may come to Lithuania and stay for up to 90 days without a visa. No action will be taken by the Migration Department if citizens of Ukraine find themselves in Lithuania after the deadline to extend their living permit or visa. Even those who have received a resolution to leave Lithuania can stay and wait for further information from the Migration Department.

European Union has announced that Ukrainian refugees are welcome into member countries for 3 years without applying for asylum.

While in Lithuania, Ukrainian nationals shall apply for a temporary residence permit through the Migration department in order to stay for a period up to 3 years. The request for residence permit may be provided after registration.

In addition, please note that:

1. Ukrainian nationals enjoying visa-free regime or having a Schengen visa or a national visa in Lithuania are exempt from obtaining a work permit;
2. Ukrainian nationals who have submitted a request for a residence permit as highly qualified employees are no longer required to obtain a decision from the Employment service;
3. Ukrainian nationals who have submitted a request for asylum, can start working from the day their request has been registered in the system of the Migration Department.

Aid and social services in Lithuania

Ukrainian citizens, their family members and stateless persons residing in Ukraine are entitled to free social services, education, medical care, accommodation, they can apply at any time for the asylum.

Ukrainian citizens have a right to work in Lithuania:

1. citizens that are subject to a visa-free regime or holding a national visa are exempted from the obligation to obtain a work permit;
2. citizens who have submitted an application for a temporary residence permit are exempted from the obligation to obtain the decision from the Employment Office whether the employee’s work meets the needs of the labor market of the Republic of Lithuania;
3. citizens who have submitted an application for asylum in the Republic of Lithuania have the right to work from the day of registration of the application for asylum in the Lithuanian Migration Information System.

Regarding national visas, temporary residence permits in the Republic of Lithuania, issuance of registration certificates for the foreigners, the right of foreigners to work in the Republic of Lithuania and health care services: https://www.e-tar.lt/portal/lt/legalAct/1d644110988311ecaf3aba0cb308998c