Austria’s Council of Ministers has adopted an amendment to the Vertriebenen-Verordnung (Displaced Persons Ordinance) that fundamentally changes how newly-arriving Ukrainians obtain temporary protection in the country. From now on, men who are subject to military service under Ukrainian law will no longer receive Austria’s displaced-person residence status automatically. Instead, they must present proof that they have fulfilled their military obligations or have been formally exempted before an Austrian authority will issue the ID card that grants access to work, healthcare, education and social benefits. Interior Minister Gerhard Karner said the tougher rule was coordinated with Germany, Poland and Czechia and “supports both Ukraine and confidence in our asylum system.” The same cabinet decision prolongs Austria’s participation in the EU-wide Temporary Protection Directive (TPD) until 4 March 2028, one year beyond the current EU deadline. Holders of the status who are already living in Austria keep all rights unchanged; the new military-service condition applies only to people who have entered since the start of August 2026. The regulation also bars “double benefit” claims by stipulating that anyone who already holds temporary protection in another EU Member State cannot obtain it again in Austria. For global mobility managers this has three immediate implications. First, Ukrainian male assignees who plan to relocate to Austria must secure documentary evidence—such as demobilisation papers or exemption certificates—before travel, or risk being denied the status on arrival. Second, HR teams should audit existing transferees: while current beneficiaries remain covered, switching to a Red-White-Red Card or EU long-term residence may now be administratively smoother because the amendment allows applicants to “waive” temporary protection only once the new permit is approved, eliminating any legal limbo. Third, the extension to 2028 gives companies longer planning horizons for Ukrainian staff already in Austria, including continued access to the labour market without labour-market tests. However, businesses operating in multiple EU locations must track where an employee is registered, as Austria will automatically refuse or revoke the status if another Member State has issued it. Payroll teams should therefore verify that Ukrainian employees are not drawing duplicate family or social benefits elsewhere, a practice the regulation now explicitly prohibits. Practically, employers should update relocation check-lists: add military-service documentation as a mandatory item for male Ukrainian newcomers; advise travellers to allow extra lead-time at Vienna Airport for identity checks; and brief line managers that the Interior Ministry will run database cross-checks with other Member States. Legal experts expect the Interior Ministry to publish detailed guidelines within weeks, but companies that fail to adapt now risk assignment delays or fines for illegal employment. In the meantime, the automatic one-year extension is a welcome certainty for nearly 90,000 Ukrainians already integrated into Austria’s workforce and schools.
Source: APA-OTS
