The Council of the European Union has introduced temporary protection in response to the mass inflow of people fleeing war in Ukraine. The measure aims to provide protection to those who have been forced to leave their place of living and are not in a position to return to their country of origin. The initial duration of the temporary protection is one year, automatically renewable for a maximum of one additional year every six months, unless the temporary protection is terminated.

In the light of the above EU measure, Government Decree 86/2022 (7.III.) on emergency rules for persons entitled to temporary protection entered into force in Hungary on 8 March, which ensures adequate protection under national law. According to this Government Decree, the following persons are entitled to temporary protection under the Asylum Act:

a) Ukrainian citizens who have been staying in Ukraine before 24 February 2022,

b) a stateless person or a non-Ukrainian third-country national who was granted international protection or equivalent national protection in Ukraine before 24 February 2022, and

c) a family member of the person mentioned in the previous points.

Please note that you must submit an application for refugee status.

The application for refugee status can be submitted in person at any of the designated collection points 24 hours a day, or at any of the offices of the National Directorate-General for Aliens during office hours.

Collection points available

Refugee status is temporary, giving you the right to stay for as long as the war lasts.

THE EMPLOYMENT OF REFUGEES

Refugee status is relevant for employment purposes.

Persons granted refugee status are entitled to work in Hungary without a permit if they are employed in one of the professions defined in the publication of the Minister responsible for the employment of third-country nationals in Hungary, including employment through temporary employment agency. The list of professions is set out in the legislation at the following link.

A work permit must be applied for in professions not covered by the professions listed in the announcement, but it is facilitated by the fact that the work permit is issued without examining the criteria set out in the relevant points of Government Decree 445/2013 (XI.28.) on the rules for granting permits. For example, a valid labour requirement is not required and an application for a work permit does not have to be rejected if the conditions set out in the Regulation are not met.

The refugee can also be a public worker.

All the benefits and advantages granted to the refugee in respect of a Hungarian national who is a permanent resident of Ukraine and arrives from Ukraine on or after 24 February 2022 should be provided to him/her, unless he/she is entitled to more favourable treatment by virtue of his/her Hungarian nationality.

SUPPORT FOR THE EMPLOYMENT OF CITIZENS OF UKRAINE

Pursuant to Government Decree 96/2022 (III. 10.) in force from 11 March 2022, the Hungarian Government shall provide support to employers in order to facilitate the employment in Hungary of persons with Ukrainian citizenship or dual Ukrainian-Hungarian citizenship who arrive to Hungary from Ukraine on or after 24 February 2022, if

• the employer employs the Ukrainian citizen as an employee on or after 24 February 2022,
• the employee is employed in Hungary,
• the employee is employed for a fixed or indefinite period of at least 20 hours per week, and
• the employer fulfils the conditions of normal labour relations and is not in the process of being wound up, is not the subject of a compulsory winding-up order or has not been declared bankrupt or is not the subject of any other legal proceedings for its winding-up which have the force of res judicata.

The following are eligible to apply for support as an employer: companies having their head office, a permanent establishment or a branch in Hungary.

By using the allowance, the employer agrees to ensure that the employee and, if necessary, his/her under-age children are provided with accommodation in suitable conditions and organised commuting to work for the duration of the employment status of the employee in Hungary.

The application for the allowance must be submitted online to the government office competent for the place of employment of the worker, using the special form published on the website of the National Employment Service. If the worker is to be employed in more than one place of employment, the application for the allowance must be submitted to the competent government office of the employer's choice.

Duration of the allowance:

The allowance is granted for the duration of the employment with the employee, up to a maximum of twelve months. Thereafter, it may be extended once, at the employer's request, for a period of twelve months, up to a maximum of the duration of the employment status.

The amount of the allowance and its scope of application:

The amount of the allowance is half of the employee's accommodation and commuting expenses per month per employee, up to a maximum of HUF 60 000 per employee and HUF 12 000 per child for under-age children living in the same household. If both parents of the under-age child are employees of the same employer, the employer is entitled to the allowance for the under-age child only in the case of one working parent.

The part of the accommodation and commuting costs not covered by the allowance is shared equally between the employer and the employee.