Temporary protection

Temporary protection is an exceptional measure. It is meant to provide immediate and temporary protection in the event of a mass influx or imminent mass influx of displaced persons from non-EU countries, who are unable to return to their country of origin. The 2001 Temporary Protection Directive provides a tool for the EU to address such situations. It was first adopted following the conflicts in former Yugoslavia.

Temporary protection applies when the Council, on a proposal from the Commission, determines that a mass influx is occurring, especially if it risks overwhelming the standard asylum system due to the arrival of displaced people, potentially disrupting its operation.

Activation of the Temporary Protection Directive

The Temporary Protection Directive was triggered for the first time by the Council in response to the unprecedented Russian invasion of Ukraine on 24 February 2022, to offer quick and effective assistance to people fleeing the war in Ukraine.

Since 24 February 2022, Russia’s military invasion of Ukraine has created a situation of mass arrivals of displaced people from Ukraine, forced to flee and unable to return to their homes. Due to the scale of estimated arrivals, the European Commission identified a clear risk that the asylum systems of EU countries would be unable to process applications within the deadlines set. This would negatively affect the efficiency of national asylum processes and adversely affect the rights of people applying for international protection.

Following the call of the Home Affairs Ministers, on 2 March 2022, the Commission rapidly proposed to activate the Temporary Protection Directive. On 4 March 2022, the Council unanimously adopted the Decision, giving those fleeing war in Ukraine the right to temporary protection. After the latest Commission proposal of 11 June 2024 and the Council Decision adopted on 25 June 2024, temporary protection for persons fleeing Ukraine is currently in place until March 2026.

Obligations of EU countries towards persons enjoying temporary protection

The Temporary Protection Directive defines the decision-making procedure needed to trigger, extend or end temporary protection.

It also lists the rights for beneficiaries of temporary protection:

• a residence permit for the entire duration of the protection;
• appropriate information on temporary protection;
• guarantees for access to the asylum procedure;
• access to employment, subject to rules applicable to the profession and to national labour market policies and general conditions of employment;
• access to suitable accommodation or housing;
• access to social welfare or means of subsistence if necessary;
• access to medical care;
• access to education for persons under 18 years in the state education system;
• opportunities for families to reunite in certain circumstances;
• the possibility to move to another EU country, before the issuance of a residence permit;
• the possibility to move freely in EU countries (other than the Member State of residence) for 90 days within a 180-day period, after a residence permit in the host EU country is issued.

The Directive also contains provisions for the return after temporary protection has ended and for excluding individuals, who have committed serious crimes or who pose a threat to security.

Specific provisions have been drawn up for unaccompanied minors and for those having undergone particularly traumatic experiences (such as rape, physical or psychological violence).

Guidelines on the use of the Temporary Protection Directive

To better explain and clarify the provisions of the Directive and the Council implementing Decision in the context of granting temporary protection to people fleeing the war in Ukraine, on 21 March 2022 the Commission issued Operational guidelines.

The guidelines are not a legally binding document. Their purpose is to help EU countries implement the Directive and the Council implementing Decision. For example, the guidelines clarify:

• who is and who is not eligible for temporary protection;
• what to do if people present outdated identification documents;
• how to proceed with the registration of unaccompanied minors;
• how to assist with the repatriation of non-EU citizens who are not eligible for temporary protection.

The Commission also published a Frequently Asked Questions document on the interpretation of the Temporary Protection Directive and Council Implementing Decision 2022/382. The document provides further guidance on:

• the scope of temporary protection;
• double registration of temporary protection status;
• exclusion from temporary protection;
• access to the labour market;
• another status in addition to temporary protection;
• consequences of going home (to Ukraine) on temporary protection status.

The Commission has also issued a Frequently Asked Questions on Registration, Reception and Care for the Unaccompanied and Separated Children fleeing from war in Ukraine, as well as a Frequently Asked Questions document on going home to Ukraine on a voluntary basis in the context of the Temporary Protection.