Legislation on temporary protection to be reformed

The Ministry of the Interior has sent out for comments a draft government proposal on temporary protection. As the crisis in Ukraine drags on, there is a need to reform the legislation on temporary protection. The project will prepare the necessary amendments to the Aliens Act concerning people who have fled the war in Ukraine but also other possible situations of temporary protection in the future. 

Temporary protection is based on the EU Temporary Protection Directive, which was activated for the first time on 4 March 2022 in response to the Russian invasion of Ukraine. In June 2024, the Council of the European Union decided to extend temporary protection for the fourth year until 4 March 2026. While the decision is in force, Finland and all other EU Member States are obligated to grant temporary protection to the group specified in the decision and to issue a residence permit to indicate it.

Residence permits would be directly valid for as long as temporary protection is in effect

By law, temporary protection can last up to three years, meaning that temporary protection granted on the basis of the war in Ukraine will cease on 4 March 2025. After that, extending the temporary protection mechanism will require legislative amendments. 

It is proposed that the legislation be amended so that the validity of residence permits and residence permit cards issued as proof of temporary protection for Ukrainian citizens and their family members will continue as long as the temporary protection is in effect in the EU.  This would be the most clear-cut solution from the viewpoint of both the authorities and beneficiaries of protection.

Temporary protection for certain third-country nationals to end 

Temporary protection will continue to be granted not only to Ukrainian citizens and their family members but also to third-country nationals who have been residing in Ukraine under a permanent residence permit or international protection. 

However, Finland will no longer grant temporary protection to those third-country nationals fleeing Ukraine who have been residing in Ukraine without a permanent residence permit or international protection.  The reason for their stay in Ukraine may have been, for example, work or studies. Temporary protection for these people will end as soon as possible after the entry into force of the Act. According to the proposed legislation, the Government must make a separate decision on the matter after the entry into force of the Act.

Ukrainians have submitted about 75,000 applications for temporary protection in Finland

In 2022–2024, Ukrainians have submitted a total of about 75,000 applications for temporary protection in Finland. There are around 46,000 Ukrainian beneficiaries of temporary protection in Finland now. Approximately 23,000 Ukrainians are registered in the reception system for asylum seekers, and about 23,000 Ukrainians have been allocated a municipality of residence. Others are thought to have returned to Ukraine or moved elsewhere in the EU.

The government proposal is scheduled to be submitted to Parliament at the end of 2024. The legislative amendments must enter into force on 5 March 2025.

Inquiries: 
Tuuli Tuunanen, Chief Specialist, tel. +358 295 488 658, [email protected] 
Miira Mikonsaari, Senior Specialist tel. +358 295 488 309, [email protected]  (17–18 October)