As an increasing number of people are fleeing from the war in Ukraine, our colleagues from RTL have compiled an overview of procedures in relation to international protection here in the Grand Duchy.

Ukrainian citizens who fled their home are awarded 'Temporary Protection', a classification reserved for cases where large numbers of people were forced to leave their country and do not have the option to go back. This type of protection can only be given by the government or the EU. If granted, people with Temporary Protection do not have to go through regular asylum procedures.

In the case of Ukrainian refugees, the decision to introduce Temporary Protection was taken by the EU and will be in place until 4 March 2023, so for one year. Ukrainians arriving in the Grand Duchy have to file a respective application with the Immigration Directorate. It is also important to note that thanks to Temporary Protection, Ukrainian refugees have direct access to Luxembourg's job market.

Aside from this special form of emergency protection, Luxembourg's asylum laws regulate two further classes of international protection: 'Refugee Status' and 'Subsidiary Protection'. If granted, these residence permits are valid for a duration of five years.

Refugee Status is awarded according to the '1951 Convention Relating to the Status of Refugees', which took place in Geneva. Status is granted if a person has to fear persecution because of their home, religion, nationality, political conviction, or social group.

People recognised as refugees are given a blue passport, which no longer allows them to travel back home. Should they decide to do so, then they will lose the Refugee Status again. However, the blue passport gives people the exact same rights in Luxembourg as nationals have.

Subsidiary Protection can be awarded to people who do not officially classify as refugees, but who still have reasonable concerns about going back to their country of origin. Such threats include the death penalty, torture, or any other form of inhuman or degrading treatment.

This means that a person does not necessarily have to belong to a group of persecuted people to be granted Subsidiary Protection, individual threats are considered equally serious. Concerned people will not be given a blue passport, but can hold on to their old one. This means that they are still treated as third-country citizens from a legal standpoint.

Overview of key terms

  • Applicants for International Protection: people who are still waiting to be granted status

  • The Dublin Regulation: Also known as the 'Dublin Procedure', this law regulates which EU member state has to treat the asylum requests of certain people. People 'in' the procedure have arrived in a country not considered responsible for them, which does not necessarily mean that they cannot be taken in, but that they have to file an application with the designated country before the end of deadline.

  • International Protection: Luxembourg counts to classes of international protection: 'Refugee Status' and 'Subsidiary Protection'.

  • Temporary Protection: This form of protection can be granted in emergencies. The EU recently put it in place for people fleeing the war in Ukraine, a decision that will be valid for one year.