Temporary protection again: what Ukrainians who change their country of residence in Europe should know
With the beginning of a full-scale war, millions of Ukrainians were forced to leave their homes and move to the countries of the European Union. For many of them, it was a forced choice — escape from danger, lost housing, a threat to children. Many of them settled in Poland, Germany, the Czech Republic, Italy, Spain, Portugal or other countries, receiving temporary protection. But over time, life changes. Someone gets a job in another country, someone decides to reunite with relatives or change the environment where children adapt better. A logical question arises: is it possible to re-apply for temporary protection in a new country if you have already used this opportunity in another?
One person – one status: a general rule for EU countries
This question is complex and does not have a universal answer. It depends on the legislation of a specific state, its approach to the implementation of the European directive on temporary protection, the current load on the migration system and the history of a person’s stay in the EU. Let’s try to understand the nuances.
EU Council Directive 2001/55/EC became the legal basis for temporary protection of Ukrainians in the EU. It provides that temporary protection is granted within the borders of the Union, but the implementation of this right is left to national governments. For this reason, most countries interpret the principle as follows: you can have temporary protection in only one EU country at a time.
This means that if a person is registered in Poland, he cannot automatically apply for the same status in Germany or France without first officially refusing protection in Poland. This approach is designed to prevent duplication of registrations, abuses and the so-called “migration tourism”, when individuals apply in several countries, choosing more favorable social packages.
Where Ukrainians can get temporary protection again
Some EU countries take a more flexible stance on resubmission. They allow an application after the official termination of the status in another state, if the person had no other protections in the meantime or is legally in the territory of the new country.
For example, Germany accepts repeat applications provided that the previous status has been revoked. Official refusal or deregistration is mandatory. Local authorities (Ausländerbehörde) consider each case individually.
Spain also allows re-applications. Documents are submitted through CREADE centers in major cities. The person must have confirmation of the termination of the previous status. At the same time, Spain independently distributes in which city a person can live – independent choice is limited.
In Portugal, the approach is even softer. It often accepts even those Ukrainians who had protection in other countries, if they submitted an official application to terminate their previous status. Applications are submitted through the AIMA migration service.
Romania, Croatia, the Netherlands, Belgium, as well as the Czech Republic, if the previous protection ended before March 31, 2025, have similar approaches. However, in the Czech Republic, a second application does not guarantee the provision of all the benefits that were valid during the first protection.
Where a resubmission is likely to be rejected
At the same time, there are states that officially or in practice do not support the re-granting of temporary protection. We are talking, first of all, about Poland, Norway, Switzerland and, in some cases, the Czech Republic. These countries believe that temporary protection is a humanitarian response to an initial crisis, not a migration mechanism. Therefore, repeated appeals are considered as an attempt to bypass the system or to get benefits twice.
Poland clearly states: temporary protection is possible once. If a person already had such a status in any EU country, even after a refusal, he will receive a refusal in Poland. Only the right to a short-term stay of up to 90 days without access to benefits remains.
Norway (not EU, but part of Schengen) uses the principle of the first country of registration according to the Dublin Agreement. If a person already had protection in another state, he can be deported or automatically refused to consider the case.
Switzerland also requires that the person does not receive protection in any other country. Even a formal refusal does not change the approach.
Re-applying after losing status: what countries consider
There are cases when a Ukrainian had temporary protection, but:
– did not have time to extend it;
– left the country for more than 90 days;
– lost documents or registration;
– returned to Ukraine for a certain time.
This does not always make it impossible to resubmit – it all depends on the country. In particular, Germany, Spain, Italy, Portugal, Belgium, and Croatia allow repeated application if a person justifies the loss of status and did not receive protection in another country after that.
In each case, migration services pay attention to:
– the reason for the loss of preliminary protection;
– periods of stay outside the country;
– whether a new application was submitted in another EU country;
– does the person have documents confirming the previous status;
– whether it is in the Eurodac information system or other registers.
What documents are required for re-application
To apply for temporary protection again, you need:
– official confirmation of cancellation of the previous status (letter, decision, reference);
– motivational explanation of the move (work, study, family);
– documents certifying identity and residence (passport, proof of address);
– in some countries, additional documents or a written explanation of the circumstances.
Tips for those planning to resubmit
- Do not rush to move without analyzing the migration policy of the new country.
- Officially deregister in the country where you had temporary protection.
- Keep all documents – even e-mails, references, screenshots from portals.
- Contact a lawyer or a migration NGO if the situation is unusual or there is a risk of deportation.
- Do not delay the submission – the more time passes since the loss of status, the more difficult it is to prove objective circumstances.
Re-applying for temporary protection in Europe is not prohibited in general, but depends on the law of the specific country and the circumstances under which the previous status was lost or ended. For Ukrainians planning to move, it is important to learn in advance about the requirements of the new country, not to hide the fact of preliminary registration and to prepare all the documentation. The system is complex, but for those who act transparently and reasonedly, the possibility of protection remains open.
