A brief summary of how the Temporary Protection Directive works in Hungary
In response to the wave of refugees resulting from the war raging in Hungary’s neighbour, Ukraine, the Council of the European Union has established the applicability of the so-called Temporary Protection Directive No 2001/55/EC (the “Directive”) in its Implementing Decision (EU) 2022/382 of 4 March 2022 (the “Decision”). In practice, this means that, almost without exception, refugees fleeing the war are automatically entitled to temporary protection in the Member States of the European Union.
The Directive only sets out a framework for temporary protection, the specific content of which varies from one Member State to another. This article briefly summarises the most important rights and obligations of asylum seekers in Hungary.
The duration of temporary protection is 1 year, which may be extended to 3 years in justified cases. During this period, the asylum seeker has the right to stay in Hungary, and for this a special pass will be issued to them.
An asylum seeker is entitled to adequate accommodation, food, sanitary items and medical care. The latter includes emergency care and care necessary for the essential treatment of illnesses. Persons enjoying temporary protection who have special needs (e.g. victims of serious psychological, physical or sexual violence), are also entitled to appropriate medical and other assistance, such as psychological help.
For young asylum seekers under the age of 18, Hungary provides access to its education system under the same conditions as for Hungarian students.
In Hungary, asylum seekers can work without a permit in sectors with workforce shortage, and in other sectors according to the general rules for foreigners, i.e. on the basis of a work permit. The state provides financial support to Hungarian employers employing such employees.
In the case of a separated family, it is possible to reunite the family in the Member State which has taken in one of the family members as an asylum seeker. In other cases, relocation to another Member State is also possible. However, this is not automatic, but depends on the reception capacity and the decision of the designated country and takes time.
It is important to note that Ukrainian citizens who cross the border with a biometric passport but do not apply for asylum in Hungary can, in principle, travel freely between EU Member States for 90 days within 180 days. This means that they have the possibility to choose the most favourable Member State according to their own individual criteria (e.g. employment opportunities, place of residence of relatives or friends) and to apply for asylum there.
Our office has prepared a detailed summary of the rules in all Member States neighbouring Ukraine. Regularly updated information is available here.
Source:
Council Implementing Decision (EU) 2022/382
Council Directive 2001/55/EC
Act LXXX of 2007 on the Right of Asylum
Act IV of 1991 on the Promotion of Employment and Unemployment Benefits
Government Decree No. 86/2022. (III. 7.)