Temporary protection in the EU: why 5 years of residence does not guarantee permanent status

Many Ukrainians in the EU expect that five years of temporary protection will automatically open the way to permanent residence, but the reality is different. The legal intricacies of European directives and the lack of a single agreement between countries call into question the usual mechanisms of legalisation. Find out what conditions Poland, Germany and other EU countries are actually preparing for those who plan to build their future in Europe

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For millions of Ukrainians who have found refuge in Europe, the question of ‘what next?’ is becoming increasingly pressing. Although standard European rules allow them to apply for permanent residence (PR) after five years, the situation is much more complicated in the case of temporary protection.

The EU Special Envoy for Ukrainians, Ilva Johansson, has clarified this issue: years under temporary protection do not automatically convert into a long-term residence permit at the pan-European level.

Why the rules are not the same for everyone

Under normal circumstances, a foreigner in the EU obtains long-term resident status after five years of legal residence. However, the current Temporary Protection Directive is an emergency instrument that stands apart legally.

▪️ Negotiations have reached an impasse: Attempts to create a single pan-European mechanism for transitioning from protection to permanent residence have been unsuccessful. EU member states have not reached an agreement, preferring to retain control over migration policy at the national level.

▪️ Old rules: At present, the former long-term residence mechanism continues to apply, which simply does not take into account years of temporary protection as full-fledged experience for obtaining permanent documents.

▪️ National decisions: how EU countries are changing the rules ‘on the fly’

Since there is no single European solution, individual states have taken the initiative. Instead of a pan-European status, Ukrainians are being offered national residence permits (NRPs), with domestic legislation being adapted to accommodate them.

Key trends in different countries:

Poland: Actively preparing programmes to transfer hundreds of thousands of Ukrainians to national residence permits (residence cards). This will allow people to move out of the ‘suspended’ state of temporary protection.

Germany: The authorities are considering lowering salary thresholds. This will simplify the process of obtaining a national residence permit on the basis of employment, even for those working in low-paid sectors.

General approach: In almost all EU countries, integration processes are being transferred to individual tracks — through employment, education or business.

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What does this mean for Ukrainians?

The lack of an automatic right to permanent residence means that everyone will have to choose their own path to legalisation. In many countries, the main criteria for transitioning to a national residence permit (and, in the future, to permanent residence) are three factors: official employment, stable income, and knowledge of the language.

Important: Temporary protection status remains temporary. For those who plan to stay in Europe, it is critically important to study the rules of the country where you are now and try to switch to standard types of residence permits without waiting for the final terms of the Directive.

If you plan to apply for long-term residence or change your status in Ireland, it is worth consulting with specialists in advance. On the Visit Ukraine platform, you can contact immigration lawyers who will help you understand the requirements, check your eligibility, and prepare a package of documents without errors.

Reminder! Now, every Ukrainian who has found themselves abroad due to the hostilities has the opportunity to officially record this damage: the ‘Dія’ service has launched a function for submitting applications for international compensation for refugees. Find out all the details of how to submit an electronic application.

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