Trips to Ukraine and Loss of Temporary Protection in the EU: What the European Commission and European Courts Say
Does a Ukrainian lose temporary protection during a short visit home, why is the Czech Republic losing courts over unjustified return of applications, and how Switzerland denies protection to those who already had status in EU countries.
For millions of Ukrainians who found refuge in Europe, a trip home is not always a final return. Some go to visit parents, some to collect documents, and others try to resolve matters that cannot be postponed.
However, buying tickets home is accompanied by understandable fear: will temporary protection remain valid, can one return to the country of residence, and what will happen to the bank account?
The European Commission emphasizes that a short trip to Ukraine itself should not deprive a person of temporary protection. However, judicial practice shows that problems with documents can arise even without a trip home.
Going to Ukraine and Returning: Will Protection Be Maintained?
The European Commission in its official clarifications directly answers the question worrying many Ukrainians: can one briefly return to Ukraine without losing the right to reside in the EU?
Yes, it is possible.
If a person goes home to visit family, collect documents, or help loved ones, such a trip should not be considered a decision to permanently return to Ukraine.
Accordingly, a short-term visit should not be a reason to cancel the residence permit and lose rights related to temporary protection.
The European Commission also answered a practical question: will a bank account in a European bank remain open if a person decides to return to Ukraine for a long time?
According to the Commission’s clarification, bank accounts should remain open as long as the residence permit remains valid, even if the temporary protection registration became inactive due to a prolonged return to Ukraine.
At the same time, before moving, it is worth clarifying the service conditions directly with your bank.
Another matter is moving to Ukraine for permanent residence. In this case, the European Commission advises notifying the authorities of the country that granted protection.
And if a person later changes their mind and wants to come back to the EU? According to the European Commission’s clarification, until the temporary protection mechanism expires, they will again have the right to it.
However, the procedure for notifying departure and reissuing documents depends on the specific country.
Not Found at Home — Protection Cancelled: How a Ukrainian Won a Court Case in the Czech Republic
Sometimes, to lose temporary protection, it is not even necessary to leave the country.
A similar story happened in the Czech Republic. A Ukrainian who had temporary protection notified the migration office of a change of address. However, officials did not enter the new data into the information system. This concerns case No. 1 A 7/2026.
Later, the police came to check the old address. The man was, of course, not there.
After that, his registered residence was cancelled, and after 90 days, the residence permit under temporary protection was also terminated.
The Ukrainian regained protection, but a new problem arose. The renewed permit had a different code, which created a risk of losing the opportunity to obtain a special long-term residence permit.
The man appealed to the court.
During the case review, the Czech Ministry of the Interior corrected the mistake and issued the proper documents. However, the court still considered the legality of the previous actions of the authority.
The Municipal Court in Prague recognized the cancellation of the residence registration and the subsequent termination of temporary protection as illegal.
Had Protection in Poland — Denied in the Czech Republic: What the Court Decided
Another story concerns a Ukrainian who had lived in the Czech Republic since 2023 and worked as a truck driver.
Due to work, the man was often on trips, so he could not always be found at his place of residence.
At the end of 2025, the Czech Ministry of the Interior informed him about the termination of the permit after checking the address. At the same time, they advised him to submit a new application for temporary protection.
The man did so. But he received an unexpected response: the application was returned without consideration because he previously had temporary protection in Poland.
The Ukrainian explained that the Polish status had already ended, and in the Czech Republic, he had lawfully used protection for almost two years.
The Ministry insisted on its position. The authority referred to Czech legislation and the European Commission’s notification about the risk of exhausting possibilities for receiving displaced persons.
The case reached the Municipal Court in Prague. The court sided with the Ukrainian.
The mere fact that a person previously received temporary protection in another EU state does not automatically allow refusal to consider their application.
The court noted that migration authorities must clarify the circumstances of the case, including whether the previous protection is still valid.
At the same time, it is not possible to simultaneously use rights related to temporary protection in several countries.
In the end, the court recognized the return of the application as illegal and obliged the Ministry of the Interior to restore the status that existed before the refusal.
From Germany to Switzerland: Why Ukrainians Were Denied New Protection
In Switzerland, another Ukrainian woman lost a court case.
The woman left Ukraine in March 2022 and received temporary protection in Germany.
Later, she moved to Turkey, where she lived and worked for some time. Then she decided to seek work in Switzerland and applied for status S — the Swiss mechanism for protecting people who left Ukraine due to the war.
However, migration authorities refused. Their argument was that the Ukrainian already had protection in Germany and could receive it again after returning.
The woman objected: the German permit was no longer valid, and due to health and personal circumstances, returning would be difficult.
However, the Swiss Federal Administrative Court supported the migration authority. The court considered that temporary protection in the EU was extended until March 4, 2027, and the possibility of receiving it again in Germany remained available.
According to the court, the applicant did not prove that returning to Germany would be impossible or pose an unacceptable risk for her.
Therefore, the refusal to grant Swiss status S was upheld.
The decision was made on April 15, 2026, in case No. E-2409/2026.
It is worth noting that Switzerland is not part of the EU, and status S is regulated by its own legislation. Therefore, the conclusions of the Swiss court cannot be automatically applied to all EU countries.
Repeatedly Traveled from Poland to Ukraine, Then Asked for Protection in Germany: What the Court Decided
Can a Ukrainian receive temporary protection in Germany if after the start of the full-scale war he lived in Poland for a long time and repeatedly returned to Ukraine?
This exact situation was considered by the Higher Administrative Court of the State of Hesse in case No. 3 B 535/25.
The Ukrainian, who at the time of the full-scale invasion lived in Ukraine, left for Poland in April 2022.
There he received a Polish national visa category D. At the same time, the man was engaged in volunteer activities in a public organization and within this work repeatedly traveled from Poland to Ukraine.
In October 2023, the Ukrainian moved to Germany and applied to the Offenbach district administration for a residence permit under § 24 of the German Residence Act. This provision regulates the granting of temporary protection to displaced persons.
However, local authorities refused. The man appealed the refusal in the Darmstadt Administrative Court and requested temporary judicial protection. The court granted his request, after which the district administration filed a complaint.
The court rejected the administration’s complaint and upheld the first-instance decision in favor of the Ukrainian.
The judges emphasized: the mere fact of prolonged stay in another EU state does not automatically mean loss of the right to receive temporary protection in Germany.
The decisive factor was that having a Polish national visa category D did not yet prove the acquisition of all rights provided by the European temporary protection mechanism.
This concerns, in particular, the right to employment, housing, social and medical assistance, access to education, and family reunification.
In addition, the court clarified that for the application of special rules for visa-free entry of displaced persons, a causal link between the war and departure from Ukraine is necessary, but not necessarily a short time interval between the start of the war and arrival in Germany.
Returned from Italy to Ukraine for More Than Two Years, Then Went to Switzerland: Why the Court Denied Protection
Another story concerns a Ukrainian woman who after the start of the full-scale war received temporary protection in Italy, then returned home, and after several years left abroad again.
Her case No. D-4601/2025 was considered by the Swiss Federal Administrative Court in February 2026.
In March 2022, the woman received temporary protection in Italy. The permit was valid until March 2023. However, before it expired, she returned to Ukraine with her sister. She stayed there until October 2025.
Due to the war, the Ukrainian woman decided to leave abroad again. This time she chose Switzerland, where her mother and sister lived, and applied for status S.
The woman explained that she no longer had a valid residence permit in any EU country and therefore needed protection in Switzerland.
However, the Swiss State Secretariat for Migration (SEM) refused to grant status S.
The migration authority reasoned that the Ukrainian previously received protection in Italy and could renew it there.
The woman appealed the refusal. She emphasized that the Italian permit had long expired, and the Swiss authorities did not verify whether Italy would actually agree to accept her back.
However, the Swiss Federal Administrative Court supported the migration authority’s position.
The court concluded that the expiration of the previous permit and prolonged return to Ukraine do not necessarily mean that a person has lost the opportunity to receive protection again in the EU country that previously granted it.
The court took into account that temporary protection for displaced persons from Ukraine in the European Union was extended until March 4, 2027.
Therefore, Italy, according to the court, remains the country where the applicant can receive effective protection. The woman did not provide evidence that she would be denied its renewal.
The court also noted that the Ukrainian has a passport allowing visa-free entry to the Schengen area. Under the established circumstances, the court did not consider it necessary to require Swiss authorities to obtain prior confirmation of readmission from Italy.
As a result, the Ukrainian woman’s appeal was rejected.
What Is Important to Know Before Traveling
The main thing is not to confuse a short visit to Ukraine with a permanent return.
The European Commission explicitly states that short trips should not lead to loss of temporary protection. But this does not mean that one can ignore the rules of the country of residence regarding address, documents, or notification of prolonged absence.
Court cases show another important thing: if the migration authority terminated protection or refused a new permit, such a decision is not always final.
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British government sets out tougher rules for migrants looking to settle in the UK British PM Andy Burnham said the UK had "lost control of immigration" following Brexit. "This Home Secretary is gripping this problem, and she has my full support in doing so." The British government on Monday set out its new "earned settlement model," which will double the amount of time many foreign workers must wait before they are eligible to settle permanently in the United Kingdom. Home Secretary Shabana Mahmood confirmed that the qualifying period for "indefinite leave to remain" (ILR) in the UK would jump from five years to 10 years for most workers. ILR gives a person the right to live, work and study in the country for as long as they wish. High earners will be able to settle "within" three years, while those earning more than £50,271 (around €60,200), as well as some public service workers - including doctors, nurses and teachers – will be able to settle after five years, according to the Labour government. Mahmood also announced exemptions for care workers following backlash from unions and some figures within the ruling Labour Party to initial proposals to tighten settlement rules. "Those who earn £25,000 (roughly €29,900) a year working in the social sector care, which was the condition of their visa, will therefore be able to settle on their existing five-year pathway," Mahmood told parliament. She said the revised policy recognised the service of those who had "worked hard and answered our call when we needed them." The announcement followed a consultation period that saw the government receive more than 200,000 responses. It said the process had seen people raised concerns about "fairness, complexity and the effect on people already in the UK" but that there was also "support for a system that better recognises contribution, integration and compliance." The government said its guiding principle moving forward was that "settlement should be earned rather than granted on the basis of time alone." Under the new policy, people found to have breached immigration rules will have to wait 20 years to settle. "Anyone who arrived by small boat, or another clandestine means of entry, will face an additional 10-year waiting period – meaning they could wait up to 30 years for settlement," the government said. Refugees who arrive on approved routes will be able to apply for settlement after five years. The new rules are reportedly due to come into effect next year. People who already have settled status will not be impacted. In a statement, British Prime Minister Andy Burnham said the country had "lost control of immigration" following the divisive Brexit vote to leave the European Union. "This Home Secretary is gripping this problem, and she has my full support in doing so," he added. It comes amid increasing pressure from Britain's right, including from Nigel Farage's Reform UK party, over immigration. Reform has pledged to scrap indefinite leave to remain should it get into power, instead bringing in a "five-year renewable work visa." Джерело
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