Since the beginning of the war in Ukraine hundreds of thousands of people have fled their homes. In order to provide support to the Ukrainian refugees as soon as possible, the EU Mass Influx Directive (EU Directive 2001/55/EC) was activated on 03.03.2022. This grants subjects a temporary residence permit, access to the labor market, social benefits, residential, medical care and educational opportunities.
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The directive was swiftly implemented into national law on 11.03.2022 as the so-called Displaced Persons Directive. This regulation provides temporary right of residence for the following groups of persons displaced as of 24.02.2022:

  • Ukrainian nationals,
  • Other third country nationals or stateless persons enjoying international protection status in Ukraine,
  • Family members of the above (spouses; registered partners; minor unmarried children; close relatives who lived in domestic community and were fully or mostly dependent on them).

The affected groups of persons must be registered at the Offices of the Police and receive an ID card for displaced persons (= blue residence card) if all required data are provided. The card is issued by the Federal Office for Immigration and Asylum (BFA). In the course of the registration of the refugees, the data from the passport and other documents are taken. For persons over 14 years of age, fingerprints are taken.

The right of residence exists in principle until 03.03.2023 and is automatically extended by six months, unless there is a terminating decision on the part of the EU by then. The period for extension can be prolonged to a maximum of one year.

The following applies to labor market access since 11.03.2022:

For persons with a right of residence for displaced persons, which must be proven by the "ID card for displaced persons" ("Blue Residence Card"), an employment permit can be issued for the employer without an examination of the labor market if the general requirements are met in accordance with § 4 Abs 1 of the Employment of Foreign Nationals Act (AuslBG).

Employment is permitted after receipt of a valid employment confirmation from the AMS. If the general requirements are met, the permit is also issued quickly.

The AMS must support all individuals with a valid ID for displaced persons in their integration into the labor market with needs-based support services, such as German courses or by means of a skills assessment, and actively offer vacant positions.

In this way, Ukrainian refugees should be given full access to the Austrian labor market on a temporary basis.

Finally, it should be mentioned that people who have fled Ukraine will be included in the health insurance system for a limited period of time (until 31.12.2023 for the time being) on the basis of a decree issued by the Ministry of Social Affairs.