Is it possible to obtain temporary protection in the Czech Republic after submitting an application in another EU country? Lawyers from Visit Ukraine explain

The Czech Republic operates on a one-time application principle: if you have already applied for temporary protection in another EU country, you cannot apply for it again. Find out what alternative legalization options exist using a real-life example of a request to VU lawyers

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Since the start of the full-scale war, Ukrainians have been able to use the temporary protection mechanism in European Union countries. Its procedure is defined by EU Council Directive 2001/55/EC, which establishes common rules for all member states. At the same time, each country specifies the conditions at the national level.

In the Czech Republic, these rules are governed by a special Act No. 65/2022 Coll., known as “Lex Ukrajina.” It clearly defines who can apply for temporary protection and who cannot.

In this article, Visit Ukraine lawyers have compiled all the important details that those who are legalizing their status in the Czech Republic after another EU country should know.

Request: We plan to terminate temporary protection in Belgium, refuse social assistance, and move to the Czech Republic, where we want to submit a new application for temporary protection, without receiving social benefits, solely for the purpose of legalizing our stay. However, according to the latest information we have, the Czech Republic does not grant temporary protection again if a person has already received it in another EU country, even if the previous status has been officially terminated. In this regard, we would like to ask for advice:

Does the Czech Republic really refuse temporary protection if a person has already had status in another EU country and closed it? Are there options for obtaining temporary protection again in the Czech Republic under such conditions?

If not, what are the alternatives for Ukrainians who want to work officially as private entrepreneurs to legally stay and register in the Czech Republic?

Who is not eligible for temporary protection in the Czech Republic?

The law establishes a number of restrictions that deprive foreigners of the opportunity to obtain protection:

1. Submitting an application in another EU country. If you have already applied for temporary or international protection in any EU member state, your application in the Czech Republic will automatically be rejected. This applies even in cases where:

the application was withdrawn,

the review ended in rejection,

status has not yet been granted.

The very fact of applying makes it impossible to reapply in the Czech Republic.

2. Valid residence permit in another country (long-term visa, temporary or permanent residence permit).

3. Valid residence permit as of February 24, 2022, which has not been extended or has been canceled after that date. Such persons are not considered to have resided in Ukraine before the start of the war.

Thus, the “single application” principle in the EU is strictly enforced, and it is not possible to reapply in the Czech Republic.

What are the alternatives for legalization in the Czech Republic?

Despite the restrictions, there are other legal ways to stay in the country.

Student visa (studium)

This option is suitable for those who plan to study in the Czech Republic. A visa is issued if the form of study complies with § 64 of Law No. 326/1999 Coll. The most common cases are:

- studying in an accredited program at a Czech university;

- preparatory language or professional courses organized by state universities, EU programs, or based on international agreements.

The advantage of a student visa is that during your studies, you can register as a self-employed person (OSVČ) and conduct business activities on a part-time basis.

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Entrepreneurial visa (Živnostenský list / živno-visa)

Another way to legalize your stay is to obtain a business license. To do this, you must:

- register a company or obtain a license for individual activity (živnostenské oprávnění). To do this, your activity must correspond to one of the types of activity specified in the list;

- confirm your place of residence in the Czech Republic;

- have financial security of at least 156,500 Czech korunas.

Important: this visa does not give you the right to officially work for Czech companies or serve local clients. Income must come from outside the Czech Republic — for example, from advertising, blogging, video monetization, affiliate programs.

It is impossible to obtain temporary protection in the Czech Republic after submitting an application in another EU country — this is expressly prohibited by law. However, Ukrainians can use other means of legalization: a student visa for studying or a business visa for conducting business with foreign income.

These options require additional resources and effort, but they allow you to legally reside in the Czech Republic, get an education, or build your own business.

Legal assistance with migration issues for Ukrainians

The Visit Ukraine team of lawyers helps Ukrainians deal with all migration issues. Our specialists provide:

● advice on temporary protection, residence permits, and other statuses for legalization abroad;

● assistance with the preparation of necessary documents in Ukraine and abroad;

● assistance in choosing a country to move to depending on your budget and legalization plans, support in finding a job and enrolling in foreign universities;

● services for obtaining visas and permits for long-term stays abroad.

Contact Visit Ukraine lawyers to get an individual migration strategy without the risk of fines or loss of status.

To sign up for a consultation:

1. Select a convenient format (support, written or oral consultation).

2. Fill out the form with your details (full name, email, contact phone number).

4. Select a convenient date for the consultation.

5. Read the terms and conditions of the agreement and make the payment.

Not sure which consultation format to choose? Contact our managers via Telegram or WhatsApp – they will help you choose the best option for your situation.

Visit Ukraine is your reliable legal partner abroad!

We remind you! In the previous article, Visit Ukraine lawyers explained how Ukrainian citizens can enter Ukraine in a car with European license plates and what consular assistance is — read more at the link.

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