The future of Ukrainian refugee children in the European Union: risks of deportation
The legal status of Ukrainian children in the European Union is directly related to the legal stay of their parents, and it does not change automatically. For families staying in the EU under temporary protection, the issue of the children’s future life and their possible deportation after 2027 becomes extremely relevant, since access to education, healthcare and social benefits depends on it. European legislation provides for the principle of the priority of the interests of the child, which means that any decision regarding the family must take into account its rights and needs, and state authorities are obliged to seek ways to preserve the integrity of the family.
Deportation of children without parents: real mechanisms
There is a key rule in the EU that guarantees that a child will not be deported separately from his or her parents. This is enshrined in Article 24 of the EU Charter and the UN Convention on the Rights of the Child. In practice, when considering cases of loss of legal status by a family, state authorities first of all try to find opportunities to keep the family together, legalize the stay and avoid separation of children and parents.
At the same time, if parents lose their legal status, this gradually affects children. They risk losing access to education, healthcare and social support, since their legal status is directly linked to the rights of their parents.
Currently, temporary protection for Ukrainians in the EU is valid until March 2027. During this period, children are usually included in the parents’ documents or have their own status. Their right to residence, education and healthcare is tied to the status of the entire family.
If one parent loses protection, the other parent with a valid status retains the child’s right to stay. In cases where both parents remain without status, state authorities initially offer voluntary return, and forced deportation is used only after assessing all risks and only as a last resort.
It is worth considering that European countries pay particular attention to the age and level of integration of children into the local environment. The most protected categories include children under three years of age, who are considered particularly vulnerable, schoolchildren who are allowed to complete the school year, as well as adolescents who have integrated into society and established social ties. The longer a child lives in the country, knows the language and has social contacts, the better the chances of protecting their rights, as the courts take into account Article 8 of the European Convention on Human Rights and Article 24 of the EU Charter.
Phase-out of temporary protection after 2027
The EU is already preparing for the so-called “coordinated exit” from the temporary protection regime. There are two possible scenarios for families. The first option involves a transition to another legal status. If the parents apply for a work or family residence permit, the children automatically become family members with the appropriate status, which allows them to maintain access to education, healthcare and social support, and also opens up the prospect of obtaining a long-term permit or citizenship.
The second option applies to cases where the parents do not apply for a new status and remain illegally. In this case, the children gradually lose access to educational and healthcare services, families can be involved in voluntary return programs, and in extreme cases, the entire family may be expelled. At the same time, the child does not automatically receive EU citizenship, even if the parents lose temporary protection.
The approach to child protection in the EU has certain differences, but the general trend is to maximize the interests of the children and preserve the integrity of the family. In Germany, the child remains with the parents if at least one of them has a valid status. In Poland, derivative status is used, which allows for the completion of the school year. In the Czech Republic, Lex Ukraine and family residence permits are in place, providing alternative legalization options. In Spain, Italy, and Belgium, the priority is children’s access to education and the preservation of the family. In most countries, the risk of family separation is assessed as low, and decisions are made taking into account the specific needs of the child.
Recommendations for Ukrainian refugees
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Document verification and control
Families should regularly check the validity periods of all documents confirming the legal status of parents and children, as well as the conditions for extending or replacing residence permits. Timely updating of documents allows you to avoid situations where a child actually finds himself without access to education, medical care or social support. -
Issuing a new residence permit
If the period of temporary protection or other legal status expires, you should apply in advance for another type of permit, such as a work or family permit. This ensures continuity of legal status for all family members and preserves children’s access to essential services. -
Planning for legalization in advance
Families need to evaluate all available legalization options in advance and create a step-by-step action plan that includes deadlines for submitting documents, necessary requirements, and possible obstacles. Such planning avoids legal uncertainty and guarantees the child’s continuity of access to education and social programs. -
Consultation with competent authorities and lawyers
It is important to contact authorized authorities or migration lawyers for advice on legalization, document processing, and choosing the best path to preserve children’s rights. This reduces the risk of errors and prevents refusals to extend the status. -
Integrating the child into the local environment
Families should encourage children to attend school, participate in extracurricular and social programs, learn the language of the host country, and form social connections. Integration not only increases legal protection, but also ensures the psychological and social well-being of the child. -
Timely response to changes in legislation
Families should monitor changes in legislation regarding temporary protection and legalization, as well as promptly respond to new rules or programs that may affect the status of children. This allows you to plan actions in advance and reduce the risk of forced deportation or loss of access to services. -
A comprehensive approach to protecting the rights of the child
To preserve the integrity of the family, it is important to combine the legalization of the status, the integration of the child and the control of documents. Such an approach ensures that even if the legal status of adults changes, children will retain access to education, medicine and social programs, and the family will remain together.
Therefore, the status of a child in the EU directly depends on the legal status of its parents. The main task for families is to identify legalization opportunities in a timely manner, obtain another type of residence permit, and verify documents and periods of stay. This approach allows children to have uninterrupted access to education and medical care, and minimizes the risks of family separation.
