Three years since the activation of the Temporary Protection Directive: from emergency to longer-term solutions

Today marks three years since the EU activated the Temporary Protection Directive (TPD), which provided a safe pathway to protection for millions¹ of people fleeing the war in Ukraine. It was a powerful demonstration of the EU’s unity and solidarity in the face of a humanitarian crisis, and proved to be an effective emergency mechanism for responding to large arrivals of people in a humane and orderly way. It alleviated pressure on national asylum systems and provided displaced people with immediate and collective protection, including the right to reside, work, study, and access health care and social support in the EU.

The temporary protection regime is due to expire in March 2026, just one year away. Of the many challenges faced by people displaced from Ukraine, uncertainty about their legal status in the EU is among the most pressing. This lack of clarity impacts nearly every aspect of life: from securing stable employment and arranging long-term housing, to planning children’s education. Predictability is necessary for people to rebuild their lives with dignity and stability. It is promising to see that post-TPD solutions are a priority for the Commission and the Polish Presidency of the Council of the EU. Three years on, it is essential that the EU’s response to the needs of people displaced from Ukraine shifts from emergency measures to longer-term strategies and solutions.

In the meantime, some Member States – including Poland, the Czech Republic and Italy – have started developing pathways for people to transition out of temporary protection. However, many of these exit plans primarily rely on labour-based residence permits. Labour-based permits alone cannot be the answer, as many people covered by the TPD will not be able to meet the requirements. Not only does the proportion of temporary protection-holders who are employed vary greatly across Europe (from 8% in Hungary to 55% in the Netherlands), but it will leave many people in a vulnerable situation behind, including some people with disabilities, students, the elderly, third-country nationals and stateless persons granted refugee or complementary protection in Ukraine, people who experience discrimination in the labour market (for example, people who have been racialised), and those who cannot work full-time because they are caring for children or infirm family members.

The ad-hoc solutions proposed by Member States also risk overlooking the status of individuals who may be displaced from Ukraine after March 2026, as they may not fall within the scope of any post-TPD measures, including family members of those already in the EU.

Unless these gaps are addressed, Member States’ asylum systems could be overburdened once temporary protection ends, even though the TPD’s express purpose is to prevent this. The fact that some Member States have frozen asylum applications from people who fall under the TPD increases this risk. An EU-wide and coordinated approach would be beneficial not only for people displaced from Ukraine, but also for the countries and communities where they live – limiting the financial and administrative burdens associated with individually determining the status of the more than 4.3 million people who currently benefit from temporary protection.

• We are calling on the EU to go beyond repeatedly renewing temporary protection and propose a coordinated and collective solution that would offer a more durable status and pathway to long-term residence. An EU-wide approach with strong EU leadership and coordination is vital to prevent a fragmented approach and people falling into irregularity, with vulnerable groups being disproportionately affected.

Post-TPD solutions are long overdue. A collective of more than 130 civil society organisations welcomed the EU’s previous extension of the temporary protection regime through to March 2026 to provide time for policymakers to define durable solutions while ensuring short-term stability for displaced people. However, unless work starts now to make tangible progress in implementing a coordinated transition out of temporary protection, another one-year extension may be the only option.

• Another one-year extension of the temporary protection regime beyond March 2026 must be considered as an exceptional and interim measure to ensure the continuation of protection and to prevent displaced individuals from becoming undocumented, or falling into uncertainty and losing their jobs, education, housing, or healthcare. If this interim arrangement is necessary, we urge the European Commission to propose as soon as possible a Council Implementation Decision extending the TPD until March 2027, while offering clarity on the future protection and residence status of people displaced from Ukraine.

Despite recent diplomatic discussions on the potential for renewed peace talks, the humanitarian situation in Ukraine remains dire. There are daily reports of shelling and airstrikes, even in cities and villages hundreds of kilometers from the frontline. Should the ceasefire be achieved any time soon, the damage to Ukraine’s critical and civilian infrastructure and widespread contamination from explosive ordnance will take years to repair, restore, and clear before the situation permits safe, truly voluntary, and durable returns. In this context, it is worrying to see that some host countries have begun or are
considering scaling back their support to people displaced from Ukraine – for example, by limiting the duration of government-sponsored housing support, or by restricting its scope to people who come from specific regions in Ukraine.

• We call on Member States not to roll back support to people displaced from Ukraine, and to fully implement the provisions enshrined in the TPD. This includes ensuring full access to the rights and basic services it guarantees. It is essential that Member States respect their obligations regarding non-refoulement and avoid any measures that could directly or indirectly result in premature returns, jeopardising the safety and well-being of those in need.

Signatories:

• All-Ukrainian NGO Coalition for People with Intellectual Disabilities
• Amnesty International
• Animus Association Foundation
• Anti-Discrimination Center “Memorial-Brussels”
• ARSIS Association for the Social Support of Youth
• Association for Integration and Migration
• ASTI Luxembourg
• ASTRA-Anti trafficking action
• Blue Door Education
• Bridges over Borders e.V.
• Caritas Bulgaria
• Caritas Española
• Caritas Europa
• Caritas Hellas
• Center for Legal Aid Voice in Bulgaria
• Centre for Peace Studies
• Centrum pro integraci cizinců, o. p. s.
• Churches´Commission for Migrants in Europe CCME
• Clare Immigrant Support Centre
• COFACE Families Europe
• Cohort
• CoMensha
• Consortium of Migrants Assisting Organizations in the Czech Republic
• Cultúr Migrant Centre
• CUSBU
• Danish Refugee Council
• Defence for Children In. Greece (DCI Greece)
• Diakonie ČCE – středisko Západní Čechy
• Diakonie Deutschland im Evangelischen Werk für Diakonie und Entwicklung e.V.
• Dutch Council for Refugees
• Ecumanical Council of finland
• ELIL – European Lawyers in Lesvos
• ENSIE
• Eurodiaconia
• EuroMed Rights
• European Association of Service Providers for Persons with Disabilities (EASPD)
• European Federation of National Organisations Working with the Homeless (FEANTSA)
• European Network on Statelessness
• FairWork
• Fenix – Humanitarian Legal Aid
• Finnish Refugee Advice Centre
• Forum réfugiés
• Foundation for the Ukrainian Community of Malta
• Greek Council for Refugees (GCR)
• Greek Forum of Migrants
• HIAS Europe
• Hook Peninsula Friends of Ukraine
• ICMC Europe – Share Network
• Immigrant Council of Ireland
• Iniciativa Hlavak
• Inter Alia
• International Rescue Committee
• Jesuit Refugee Service (JRS) Europe
• Jesuit Refugee Service Germany | Jesuiten-Flüchtlingsdienst Deutschland
• Jesuit Refugee Service Malta
• JRS France
• JRS Portugal
• JRS Romania
• Kerk in Actie
• La Cimade
• La Strada International
• LDH (Ligue des droits de l’Homme)
• LGBT Ireland
• Médecins du Monde International Network
• Migrant Voice
• Migration Consortium
• Migration Policy Group
• Migrationsrat Berlin
• Missing Children Europe
• Monde des Possibles ASBL
• Mujeres Supervivientes
• NESEHNUTÍ
• Neue Richtervereinigung – Zusammenschluss von Richterinnen und Richtern,
• Staatsanwältinnen und Staatsanwälten e.V.
• NewBees
• Nordic Ukraine Forum
• Nowegian Refugee Council
• OpenEmbassy
• OPORA Foundation
• ORBIT
• Oxfam
• PATCHWORK, Association for immigrant families of persons with disabilities
• Payoke
• People in Need
• PICUM – Platform for International Cooperation on Undocumented Migrants
• Podilsky Centr Genderna Rada Khmelnytska Oblasna
• PRO ASYL
• Red Cross EU Office
• Refugees Welcome, Denmark
• Right to Protection Charitable Fund
• Romodrom, o.p.s.
• Save the Children
• Scholars At Risk Europe
• Slovene Philanthropy
• Social Platform
• SOFT tulip Foundation
• SOLIDAR
• SolidarityNow
• SOS Children’s Villages International
• South Tipperary Development Clg
• Stichting LOS
• Stichting voor Vluchteling-Studenten UAF
• Terre des Hommes Deutschland e.V.
• The Council of African and Caribbean Churches
• The Open Doors Initiative
• Ukraine Civil Society Forum (Ireland)
• Vatra Psycho-Social Centre
• West Limerick Resources CLG
• Yoga and Sport with Refugees
• Громадська Организация ” Жіночій центр ” Підтримка Захист та Турбота”

1. According to the European Commission, as of December 2024, slightly more than 4.3 million
   non-EU citizens, who fled Ukraine as a consequence of the war were under temporary protection in
   the EU. ↩︎