by Sophia Garcia
The legal procedure Ukrainian refugees must follow after the Temporary Protective Directive (TPD) is revoked in 2027 is not currently a set structure in the EU. It is up to the member states of the EU on how they proceed to move forward with the Ukrainian refugees they are currently hosting and which legal routes Ukrainians must take after the Directive has passed. Since the aftermath of TPD is left up to member states to delegate, there is no requirement to integrate Ukrainian refugees into their legal process to stay in their state.
The route each member state undertakes regarding Ukrainian refugees will look different, instilling different requirements and benefits for refugees. This provides unease in a community that is already facing constant change. As of 2026, most member states of the EU do not have an overarching legal procedure Ukrainian refugees may take to stay in their state after the TPD is revoked. It is up to Ukrainians to perform their own research on different legal routes they may be eligible for or face fleeing their host country.
Currently the only member countries of the EU that have an idea of a path forward for Ukrainians consist of: the Netherlands, Czechia, and Poland. This leaves 24 out of 27 member states without a clear legal process for Ukrainians after TPD.
The Netherlands after TPD
The current goal of the Dutch government is to enact the transition document. The transition document is the temporary long term plan from the Dutch government and was created specifically for Ukrainians under TPD status. The purpose is to transition Ukrainian refugees under TPD to long term stay in the Netherlands after TPD is revoked, providing refugees time to prepare for an eventual voluntary return to Ukraine.
The transition document would be valid for three years, and allows health insurance in the Netherlands, studying at a low fee, and the right to work without a work permit. To receive a transition document, a public order assessment must be passed and any asylum application must be withdrawn. Refugees coming off of TPD status are not required to submit an application.
Czechia after TPD
Ukrainian refugees in Czechia are currently allowed to reside in Czechia in two ways- through TPD or dlouhodobý pobyt(ZPD), a long term residency permit. After TPD is revoked, Ukrainian refugees may apply for this permit to continue to reside in Czechia. The conditions to apply for ZPD consist of: having a valid passport, continuous residence in Czechia through TPD status for two years, a place of residence, provide employment or self sufficiency to provide for all members residing in a household, and all residents of a household must express interest in permanent residency in Czechia. ZPD would provide valid residency in Czechia for five years and access to the labor market.
Poland after TPD
Ukrainian refugees are currently residing in Poland under PESEL UKR status, which was how the Polish government implemented TPD within Poland. After TPD is revoked in the EU, PESEL UKR will be subsequently revoked as well. Afterwards, Ukrainian refugees may apply for a CUKR residence card (Czasowe Uprawnienie Karty Rezydanta), with a PESEL UKR card and identification number.
This residency card is valid for three years residency in Poland, allowing possibility to conduct business and access to health care and the labor market.
Conclusion
The EU must enact a regulation that provides a consistent legal path for all Ukrainian refugees after the TPD is removed. Through a regulation, all EU member states will have a consistent legal procedure which provides long term security for Ukrainian refugees in their borders during the ongoing invasion of Ukraine. If the EU is unable to agree and enact a regulation, a directive must take place, urging member states to provide a concise long term path for Ukrainian refugees to stay in their state after the TPD is revoked.
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