Withdrawal of temporary protection for Ukrainian citizens – EU Council presents recommendations
Current EU regulations guarantee protection for Ukrainian citizens until 4 March 2027. However, in July this year, the European Commission proposed to start planning its gradual phasing out. In recent weeks, the EU Council has indicated that the phasing out of temporary protection should be based on Ukrainian citizens obtaining national residence permits reflecting their new purpose of stay or voluntarily returning to Ukraine.
In its recommendations, the Council emphasises that many beneficiaries of the protection have integrated into their host societies, so Member States should enable them to transition from temporary protection to national residence statuses. In Poland, this is possible on the basis of employment, business activity or family residence, among other things. However, this does not apply to students or persons residing in Poland for other reasons – for them, a potential solution could be the so-called CUKR residence card, although it will not be available to persons who have arrived in Poland in recent months.
The Council also recommends preparing voluntary return programmes for Ukrainian citizens with clearly defined conditions. These programmes should:
- require participants to register,
- last at least one year,
- provide for the possibility of so-called exploratory trips to check on the state of property and living conditions in Ukraine.
It is important that Ukrainian citizens retain the right to legally reside in Member States during their participation in the programme, even after the end of temporary protection.
The Council's recommendations are not binding – it is up to the Member States to decide whether and to what extent they will implement the proposed solutions. In Poland, the gradual phasing out of protection is not yet being widely discussed. All attention is currently focused on the amendment extending the protection provisions for Ukrainian citizens, which is awaiting the President's signature. Another veto on this issue could leave hundreds of thousands of Ukrainians and their employers in a precarious legal situation.