Application of the Temporary Protection Directive: challenges and good practices in 2023

The European Migration Network (EMN) study looks at whether EMN Member Countries implemented any changes in the application of the Temporary Protection Directive (TPD) in 2023 (as compared to 2022) and also aims to identify continued challenges, as well as good practices.

The EMN study presents an overview of challenges and good practices in the application of the Temporary Protection Directive (TPD) in 25 EMN Member Countries from January to July 2023. It includes the possible pathways available for beneficiaries of temporary protection to transition to other types and forms of legal residence or protection statuses, tracking beneficiaries travelling to other Member States and outside the EU, and registration and extension of stay after the first year. It also examines challenges and good practices in accessing rights provided by the TPD in relation to accommodation, the labour market, healthcare, education, and social assistance/welfare. Finally, it outlines the support available for vulnerable groups, specifically unaccompanied minors and victims of trafficking in human beings.

Several conclusions can be drawn from the study:

  • Extensions of validity of temporary protection ran smoothly, using a variety of approaches, while registration of new arrivals continued in a phased manner. 
     
  • In most EMN Member Countries it is possible for beneficiaries of temporary protection residing in the country to apply for residence permits, visas, or other forms of authorisation of their stay. To obtain residence status, beneficiaries must typically fulfil the conditions of the permit in the same manner as other third-country nationals. All EMN Member Countries reported that beneficiaries of temporary protection can also seek international protection, irrespective of whether or not they have already registered for, or been granted, temporary protection.
     
  • In most EMN Member Countries, beneficiaries of temporary protection can travel within the EU for short periods (up to 90 days within a 180-day period) without compromising their status or benefits. Nonetheless, such travel may impact social benefits potentially leading to their loss or suspension depending on the duration spent outside the beneficiary's country of residence.
     
  • Access to rights outlined in the TPD, including accommodation, employment, healthcare, and education, remained paramount. While continuity in service provision was observed, linguistic disparities posed challenges. Accommodation shortages, especially in urban areas, highlighted the need for sustainable housing solutions. Similarly, initiatives to integrate beneficiaries into the labour market faced hurdles such as qualification recognition and language barriers, necessitating tailored support mechanisms.
     
  • Healthcare access continued to be assured, albeit hindered by linguistic barriers and capacity constraints. Educational endeavours aimed at integrating children into mainstream systems encountered logistical hurdles, notably due to space constraints in schools and language disparities. Despite these challenges, EMN Member Countries demonstrated resilience through initiatives like language support classes and supplementary programmes.
  • Vulnerable groups, predominantly women and children, warranted specialised attention, given the heightened risks of exploitation and trafficking. Identification and support mechanisms for unaccompanied minors and separated children faced logistical hurdles, emphasising the need for robust safeguarding measures.

For further information, please read the study attached above. For more concise information, please read the Inform or the Flash providing key takeaways. If you wish to learn more about the state of play and current practices in Belgium, please read the Belgian contribution to the study.

Publication Date:
Tue 26 Nov 2024
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