The European Commission has proposed extending temporary protection for another year for people who were forced to flee Ukraine because of the war. If the proposal is approved, the temporary protection regime will remain in force until 4 March 2028.

As the European Commission notes, the aim of the initiative is to maintain legal certainty, stability and predictability for people who continue to need protection, as the situation in Ukraine remains unstable due to the ongoing war.

At the same time, the new initiative also takes into account Ukraine’s defence capacity. According to the proposal, temporary protection should, as a rule, not be granted to new applicants who have not been authorised by the Ukrainian authorities to leave the country because of military obligations.

What this means for Ukrainians in Spain

For people who are already in Spain under temporary protection, the key issue remains further legalisation after several years of residence in the country. The Spanish authorities have already prepared a mechanism for transitioning from temporary protection status to other types of residence permits.

The Instrucciones SEM 2/2026 sobre la transición desde el estatus de persona beneficiaria de protección temporal hacia otras autorizaciones state that people who hold a residence permit in Spain based on temporary protection under Decisión de Ejecución (UE) 2022/382 may transition to other types of residence permits, provided that the corresponding procedure can be initiated from within Spain.

Does time spent under temporary protection count towards long-term residence?

Yes. The time during which a person has resided in Spain under the temporary protection regime counts in full towards the five years required to obtain residencia de larga duración.

This is directly confirmed by instruction six of Instrucciones SEM 2/2026: the period during which a person held a residence permit in Spain granted under temporary protection “computará íntegramente” (will count in full) for meeting the requirement of five years of legal and continuous residence.

Thus, the period of temporary protection in Spain is not lost: it is included in the total period of legal residence and may be added to a subsequent residence permit if the person transitions to another type of authorisation.

Transition to another type of residence permit

Instrucciones SEM 2/2026 also provide for the possibility of transitioning from temporary protection to other permits, including residence and work authorisation, residence through arraigo, permits for family members of Spanish citizens and other options provided under Spanish law.

After obtaining a new residence permit, the person will have to formally renounce temporary protection status. This renunciation must be confirmed when applying for the new foreigner identity card, TIE.

Thus, the European Commission’s proposal gives Ukrainians in the EU additional legal stability, while Spanish rules open the way to a more long-term status for those who have already been living, working, studying and integrating in Spain for several years.

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