On 17 March 2022 the Czech Republic signed into law a package of three government bills related to the armed conflict on the territory of Ukraine and the influx of displaced persons from Ukraine, collectively referred to in the media as "Lex Ukraine".

Lex Ukraine responds to the invocation of the temporary protection directive, and modifies Act No. 221/2003 Coll. on Temporary Protection of Foreigners and other laws, in order to allow for a more flexible response to the large number of incoming refugees from Ukraine. All the laws came into force by publication in the Collection of Laws on 21 March and are due to expire on 31 March 2023, except for the exemption from knowledge of the Czech language for teaching staff, which will expire on 31 August 2022. 

The following is a summary of key measures introduced by Lex Ukraine.

Act on granting of temporary protection, legal status of refugees and access to health care:

Temporary protection

Temporary protection will be granted by the Ministry of Interior or the Police of the Czech Republic to the following persons:

• Ukrainian nationals residing in Ukraine before 24 February 2022 and their family members;

• stateless persons and nationals of third countries other than Ukraine who were granted international protection or equivalent national protection in Ukraine before 24 February 2022 and their family members...

• ...who prove that they were holders of a valid permanent residence permit in the territory of Ukraine as of 24 February 2022 and their departure to the state of which he/she is a citizen or part of its territory, or in the case of a stateless person for whom return to the state or part of its territory of their last permanent residence before entering Ukraine is not possible due to the threat of real danger.  

Health insurance

• Refugees from Ukraine (holders of temporary protection) are already insured by public health insurance from the date of entry into the territory of the Czech Republic.

• Access to public health insurance also applies to children of parents from Ukraine born in the Czech Republic after 24 February. 

• The law applies retroactively to those who received health services before the adoption of this law.

Act on measures in the field of employment and social security in connection with the armed conflict on the territory of Ukraine caused by the invasion of the troops of the Russian Federation:

Labour market

• Refugees from Ukraine will be seen as permanent residents and will have free access to the labour market. 

• Temporary protection holders will be able to participate in retraining or engage in self-employment.

• They will be entitled to unemployment benefits.

Humanitarian allowance

• A humanitarian allowance of CZK 5 000 (ca EUR 200) will be provided across the board to all newcomers from Ukraine (after 24 February, in connection with the armed conflict).

• If the income, social and material conditions of a foreigner with temporary protection do not allow it, the humanitarian benefit may be granted repeatedly for a maximum of 5 months.

• The benefit will be paid by the Labour Office in cash or to a bank account in the Czech Republic.

Solidarity allowance for hosts

A solidarity household allowance is also introduced, which can be obtained by a Czech person who has provided accommodation free of charge to a foreigner with temporary protection. The amount of this allowance will be determined by a government regulation, which should also set a maximum number of persons accommodated per household.

Social services

All social services will be provided free of charge to newcomers from Ukraine in case of their unfavourable social situation. In addition, these costs are to be compensated by the state.

Playgroups

• Childcare in a playgroup is also amended. A provider of childcare services in a playgroup may also provide this service to the parent of a child who is a foreigner with temporary protection, even if they are not the employer of the child's parent. In addition, it will be possible to apply for a subsidy from the state budget for the operation of a childcare group, even if the person caring for the child is not working, studying or self-employed.

• Newcomers from Ukraine will be able to prove the qualifications needed to work as a social worker or in playgroups by means of an affidavit (on their integrity and educational qualifications). Within six months, they should prove it in a proper manner.

Act on measures in the field of education in connection with the armed conflict on the territory of Ukraine caused by the invasion of the Russian Federation troops:

• A special enrolment period for refugees from Ukraine will be opened for kindergartens and primary schools from the school year 2022/23, from 1 June 2022 to 15 July 2022.

• Depending on the needs of the child, pupil or student, it will be possible to partially or fully replace the educational content for the time necessary, regardless of compliance with the Framework Education Programme. Thus, it will be possible to provide intensive Czech language courses or assistance with integration into society and psychosocial support to refugees from Ukraine.

• Directors of secondary schools, conservatories and higher vocational schools can also accept and enrol foreigners in the current 1st year.

• In classes, groups or departments where only refugees from Ukraine will be educated, teaching staff from Ukraine will be allowed to work without the need to know the Czech language.

• The law establishes a system for placing children with compulsory school attendance in kindergartens and primary schools, taking into account their capacity.

• The law simplifies the rules for admitting refugees to universities.

Information sources: PRÁVNÍ PROSTOR (2022), MIGRACEONLINE.CZ (2022), SBÍRKA ZÁKONŮ ČESKÉ REPUBLIKY.