Temporary Protection for Ukrainians is prolonged to Dec. 2024, with the important new possibility of conversion of the protection residence permits into a work permit.
As well known, residents in Ukraine who fled their country after 24 February 2022 were granted temporary protection with the decision of the European Council (EU) 2022/382, 4 March 2022.
Given the continuation of the international armed conflict and, coherently, the temporary protection was renewed both in 2023 and for 2024.
Therefore, all residence permits already issued to Ukrainians have their validity automatically prolonged until December 2024.
However, it is noteworthy that the temporary protection to Ukrainians may be revoked by the European Council at any moment, especially in case of termination of the armed conflict between Russia and Ukraine. In fact, by definition, this type of protection is exceptionally granted in case of mass influxes of displaced people, for a limited time. The Council can terminate this type of protection when it deems that the people concerned can return to live in their country safely. (Art. 6 par. 2, Council Directive 2001/55/EC of 20 July 2001).
Considering the inherent temporary nature of this type of protection, the recent possibility to convert this permit into a work permit becomes paramount for those protection beneficiaries who wish to remain in Italy regardless of the duration of the armed conflict.
This is a breakthrough in Italian Immigration law towards the Ukrainian people, as it allows those who have integrated in the Italian society to make Italy their stable home regardless of the continuation of the conflict.
This legal novelty was included in the last Italian Budget Law for 2024 (Art. 1, para. 395-396), and then divulged among the competent public office with a communication issued by the Immigration Department of the Italian Home Office.
The requirement for the conversion of the permit, in essence, is that the person holds a valid residence permit for temporary protection at the time of the conversion application, and that he/she has carried out regular employment or self-employment activities while residing in Italy on a Temporary protection status.
To receive legal assistance for the conversion procedure, do not hesitate to contact the Global Mobility & Immigration Team of Lexia Avvocati.
– Written by Pietro Derossi