Important Updates
Important Updates
July 3, 2025 | United StatesUnited States: Congress Passes Budget Reconciliation Bill with Immigration Impact
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 3, 2025 | CanadaCanada: Québec Reopens Skilled Worker Program and Unveils Selection Criteria
July 3, 2025 | United Arab EmiratesUnited Arab Emirates: Temporary Pause on Issuing Freelance Visas
July 3, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee to Assess Salary Thresholds, Temporary Shortage List Occupations
July 3, 2025 | United StatesUnited States: Congress Passes Budget Reconciliation Bill with Immigration Impact
July 3, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
July 3, 2025 | CanadaCanada: Québec Reopens Skilled Worker Program and Unveils Selection Criteria
July 3, 2025 | United Arab EmiratesUnited Arab Emirates: Temporary Pause on Issuing Freelance Visas
July 3, 2025 | United KingdomUnited Kingdom: Migration Advisory Committee to Assess Salary Thresholds, Temporary Shortage List Occupations
July 3, 2025 | United StatesUnited States: Congress Passes Budget Reconciliation Bill with Immigration Impact
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

What’s Next for TPS-holders in Europe Who Fled Ukraine?

March 29, 2024

Europe

Countries / Territories

  • BelgiumBelgium
  • UkraineUkraine
  • European UnionEuropean Union

Related contacts

Jo-Antoons

Jo Antoons

Partner

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2-250-4900

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Jo-Antoons

Jo Antoons

Partner

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2-250-4900

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Jo-Antoons

Jo Antoons

Partner

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2-250-4900

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Jo Antoons, Andreia Florina Ghimis, Elisabeth Kamm

In November 2023, the EU extended the right to the Temporary Protection Status (TPS) for those eligible until 4 March 2025. Thereafter, a raft of EU Member States announced amending their legislation with the same 12-month extension, until March 2025.

The wording of the EU legislation led many to believe that 4 March 2025 would be the longest possible extension based on the Temporary Protection Directive, which seems to indicate a maximum number of three years for the duration of the TPS.

However, EU authorities recently confirmed that they interpret these provisions flexibly. Therefore, the EU could continue to request Member States to renew the TPS on an annual basis, depending on how the situation in Ukraine evolves. Further communication by the European Commission on this topic is expected before summer 2024.

The continuous renewal of TPS brings new challenges

The renewed extension recognises the continued protection needs of more than 4.3 million Ukrainians and non-Ukrainians who fled the country following the invasion and are currently living in the EU. As such, it is a positive outcome and, once again, provides a quick and unbureaucratic solution for another year. However, this approach also presents several challenges.

At the beginning of the war, many EU countries granted TPS even to individuals who were not listed as beneficiaries in the EU legislation, a choice an EU country can always make. For example, Spain granted protection to all non-Ukrainian persons residing in Ukraine and even to Ukrainian citizens residing irregularly on Spanish territory at the outbreak of the war. Other EU countries, such as Finland and France, had a narrower interpretation from the very beginning. They granted protection only to those non-Ukrainian long-term residents who could not return safely to their country of origin.

Now, two years later, some countries are limiting the scope of TPS to bring it in line with other countries' practices. The Netherlands, for example, granted TPS to non-Ukrainian nationals previously temporarily residing in Ukraine but ended this in March 2024. Crucially, many individuals concerned by these changes and their employers were caught off guard with little time to prepare.

The absence of residence permit renewals, for which many EU countries have opted, poses another practical challenge to TPS beneficiaries. Seeking an efficient solution to a significant administrative task, many national administrations have simply announced that the status is extended, even if residence cards are not renewed. This is, for instance, the case in Spain and Italy. As a result, many TPS holders currently have expired residence cards. This may thus lead to serious issues for individuals who travel abroad and present expired residency cards to border officials.

TPS alternatives: Options for more certainty

The key struggle for individuals with TPS and their employers is the lack of long-term planning. Furthermore, whether an individual's temporary protection status is renewed is beyond the control of the employee and employer. It is thus important to consider alternatives to TPS and begin to explore case-by-case solutions.

TPS holders can apply for asylum or subsidiary protection status. However, this pathway has two important limitations. First, the large number of TPS holders who could apply for asylum would overwhelm the already limited capacity of national asylum systems. This could trap individuals in a situation with limited rights and little certainty for long periods. Also, to qualify for refugee status or subsidiary protection one must demonstrate specific individual circumstances, such as a threat to one's life or being the victim of political prosecution. It is risky to assume that everyone with TPS would be able to do so.

Individuals can always check their eligibility for long-term residence in an EU country. In this regard, many were eagerly awaiting the adoption of the recast of the long-term residence Directive by the EU. The new Directive, as proposed by the European Commission, would have forced EU countries to count the years spent on TPS towards long-term residence. However, even with the amended rules, a direct transition from TPS to long-term residence would not have been possible. In any case, hopes for TPS holders to be eligible for EU long-term residency have been dashed by the recent cancellation of negotiations on this piece of legislation by the Council.

Other options exist, such as study and family-based permits, and should be explored on a case-by-case basis. Discussions are also underway on other possible options, including a special transitional permit, possibly linked to Ukraine's EU accession plans and other approaches to regularize the TPS population. Currently, however, none of these options provide certainty.

Next steps for employers of TPS holders

The best solution for many individuals and their employers is to apply for a regular work permit in the country, if possible. At the time of this writing, this is possible in some countries, such as the Netherlands, Belgium, France, Romania, and Luxembourg, but not (yet) in others, such as the Czech Republic and Spain.

Experience from the Netherlands and France shows that such switches to a work permit in-country are overall straightforward and work well. The foreign national must, however, realize that with changing status, they lose the rights that are tied to the TPS. One example is the termination of free accommodation and government subsidies in the Netherlands, requiring employees to potentially earn a higher income to sustain themselves.

National regulations should always be checked in detail. In Estonia, for example, the number of new temporary residence permits issued each year cannot exceed 0.1% of Estonia's permanent population. Currently, there are more than 30 times as many TPS holders in the country. So, while TPS holders can technically switch to a work permit in-country, the quota applies to them. Hence, only a fraction will be able to do so.

In Poland, while the TPS is applicable, a parallel national scheme, the “Special Bill” is used in practice. Based on the latter, only working applicants can change their status while in Poland, and a change of status is not yet possible for their dependants.

Another example is Germany. While it is possible to switch from TPS to a work permit in Germany, this is explicitly not possible when applying for an EU Blue Card. Employers and individuals need to consider these country-specific limitations.

Creating an action plan

Given the numerous moving pieces in this puzzle, as an employer, it is recommended to focus on ensuring as much certainty as possible to your staff members working based on their TPS:

  • Identify the employees who urgently need support as their TPS is ending;
  • Start preparing in-country conversions to work and residence permits. These require several administrative steps and sometimes have long lead times (document collection, government approval times and issuance of new residence permits, etc.);
  • Explore solutions to complex cases where individuals do not qualify for permits or in-country change of status. One such option is an application for work permits in another EU country.

The advantages to switching employees to employment bases permits are numerous:

  • Increased certainty for your business and employees;
  • Eliminating the current and future travel challenges TPS beneficiaries are facing due to expired residence cards;
  • Putting TPS holders and their family members on a path to long-term residence.

Need to know more?

Assessment and advice for in-country change of status as well as long-term planning may require professional advice and support. Please reach out to the Fragomen Consulting Europe team at [email protected] with any queries.

This blog was published on 29 March 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.

Countries / Territories

  • BelgiumBelgium
  • UkraineUkraine
  • European UnionEuropean Union

Related contacts

Jo-Antoons

Jo Antoons

Partner

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2-250-4900

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Jo-Antoons

Jo Antoons

Partner

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2-250-4900

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Jo-Antoons

Jo Antoons

Partner

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2-250-4900

Andreia Ghimis - Porthole

Andreia Florina Ghimis

Manager

Brussels (Benelux), Belgium

Email

[email protected]

T:+32 (0) 2 250 4879

Related offices

  • Brussels (Benelux)

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

Understanding the Saudi Real Estate Market: What Expats Need to Know

Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Learn more

Blog post

2025 Middle East and Africa Immigration Trends: Balancing Localization Concerns with Global Talent Attraction Efforts

This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Learn more

Video

French Citizenship by Decree | Everything You Need to Know

Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Learn more

Blog post

Navigating the UAE Corporate Landscape: A Strategic Guide for Startups and Entrepreneurs

This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Learn more

Media mentions

TechRound: Experts Share: How Will The Global Talent Visa Help The Startup Industry?

Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Learn more

Blog post

The Future of Care Work in the UK: Understanding the Latest Immigration Announcements

Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Learn more

Media mentions

Toronto Star: 25 Years Ago New Immigrants to Canada Told Us Their Dreams. We Checked In to See How They’ve Fared

Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Learn more

Fragomen news

2025年6月 アメリカ移民法ダイジェストLearn more

Media mentions

Arab News: Growing Saudi Film Industry Driving Job Creation, Economic Growth

Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.