Temporary Protection status — verified 15 August 2026
- EU temporary protection has been extended to 4 March 2028 (Council Implementing Decision (EU) 2026/1912, adopted 30.07.2026, in force since 05.08.2026) — this is an adopted act, not a proposal.
- The Spanish TIE card remains automatically valid until 4 March 2027 (Orden INT/96/2026). You do not need to get a new card.
- A separate Spanish Orden extending the cards themselves to 2028 had not yet been issued as of the verification date — watch BOE and Ucrania Urgente for updates.
- The date printed on the physical card (it may say 2025/2026) does not matter — go by the dates above, not by what is printed on the plastic.
In short
Protection requires two conditions at once: residence in Ukraine before 24 February 2022 and displacement on or after 24 February 2022. If you already have protection in another EU country — you can change country, but not hold it in two countries at once, and from 5 August 2026 Spain, under the Decision's preamble, should reject applications when it is evident that a permit has already been obtained in another country, and is not obliged to issue a new one. New applicants must prove their military obligations from 5 August 2026. Protection does not depend on the city in Spain.
This is the most common question among people living in Poland, Germany or outside the EU who are thinking about moving to Spain. In community groups it gets answered from hearsay, and most often wrongly. Below is a breakdown based on EU acts, the CJEU judgment and European Commission guidance, stating plainly where the sources disagree and what they do not say.
2026 update: extended to 2028, but a new condition appears
The Council adopted Implementing Decision (EU) 2026/1912 on 30 July 2026; it was published in the Official Journal on 4 August 2026 and entered into force on 5 August 2026 — temporary protection is extended by another year, until 4 March 2028. The extension itself applies from 5 March 2027: the current period runs until 4 March 2027 under Decision (EU) 2025/1460. In Spain the validity of temporary-protection TIE cards is extended to 4 March 2027 by Orden INT/96/2026 (BOE-A-2026-3712); there is no Spanish act on cards up to 2028 — no act on temporary protection was published in the BOE between 31 July and 18 October 2026 (checked 19.10.2026).
At the same time a new condition appears: "without prejudice to Union law and fundamental rights", protection is granted only to those who "satisfy their military obligations in Ukraine", presenting proof where applicable (Article 2). Under Article 3 of the Decision this condition applies from 5 August 2026 — as it reads after the corrigendum (corrección de errores) published on 5 August 2026 (BOE DOUE-L-2026-81267); the original text said "from 31 July 2026". The European Commission guidance says the same: verification starts "the day after publication", that is from 5 August 2026; Ucrania Urgente writes "from August 2026". Early copies of the Decision text and some websites still show the original date.
Recital 18 of the decision describes a hierarchy of evidence: first of all, legal border crossing when leaving Ukraine or an exit stamp in the passport; only if that cannot be confirmed must you present an easily verifiable official document (paper or electronic) — the recital cites a document from the "Reserv+" app as an example ("such as"), not the only acceptable option. The burden of proof is on the applicant.
In August 2026 the European Commission published a separate FAQ on verifying this condition. It is not law but the position of the Commission services — yet it is what national authorities will work from:
- First level. For countries bordering Ukraine, legal border crossing is enough. For the others — Spain included — an exit stamp in the passport dated "as a rule" no earlier than 90 days before the request for protection; an older stamp has to be explained by exceptional circumstances.
- Second level. If legal departure cannot be confirmed — an official document on exemption from military obligations (for example from "Reserv+") showing name, date of birth, the exemption and its validity. A country may treat incomplete information as insufficient. The Commission advises requesting a sworn translation into English or the country's language in advance — through the Ukrainian authorities or a consulate. Other documents are accepted at each country's discretion.
- Who is not checked. Those who on 5 August 2026 were already in the country and had applied but not yet obtained protection do not have to provide evidence. Those who obtained protection keep it without repeat checks, even if their circumstances change.
Important specifically for the topic of this guide — changing country
The exemption from the new condition is tied to a specific country, not applied EU-wide. Article 2 does not apply only to those who held protection "in a given Member State" on 4 August 2026 inclusive and continuously retain it there. The European Commission guidance (section III) says so directly: a person who presents themselves not in the country of entry into the EU but in another one must prove legal departure from Ukraine in compliance with military obligations. If you held protection in Poland and apply in Spain, you are a new applicant in Spain specifically, even if your protection in Poland was continuous. (This is an inference from Article 2 and section III of the Commission's FAQ, whose stated aim is "to limit abuse"; Spain's practice is not published.)
There is still no official Spanish document listing the accepted papers (checked 19.10.2026): the Ucrania Urgente "Protección temporal" page states the requirement in a single sentence — to prove compliance with the military obligations imposed by Ukraine or exemption from them — and still gives the application deadline as "until 4 March 2027"; the ministry's FAQ (May 2026 edition) predates the new condition and does not mention it. The Embassy of Ukraine in Spain announced on 12 August 2026 that it had sent an official enquiry to the Spanish side and would publish the reply; as of 25 September 2026 there was no such item (on 19.10.2026 the embassy website was unreachable for a re-check). Social-media reports of mass refusals in Alicante without a Reserv+ extract still rest on a single Facebook post with no independent confirmation — we are not publishing that as fact.
On age: the text of the decision contains no age bracket — recital 20 says military obligations may exist "irrespective of their age or gender" (for example, on voluntary enlistment). The "men 23-60" framing from Telegram channels is a paraphrase of Ukrainian exit rules, not an EU rule: the Commission's own FAQ gives the example of a man aged 22 who obtained protection and keeps it, although at 23 he would, under the currently applicable Ukrainian rules, in principle be subject to military obligations and not allowed to leave.
Two conditions, not one
Council Implementing Decision (EU) 2022/382 (Article 2) applies to people displaced from Ukraine on or after 24 February 2022 as a result of the military invasion that began on that date, namely to Ukrainian nationals residing in Ukraine before 24 February 2022, to stateless persons and third-country nationals who held international protection or equivalent national protection in Ukraine before that date, and to their family members — only in so far as the family was already present and residing in Ukraine before 24 February 2022 (Article 2(4)). Third-country nationals with a permanent residence permit in Ukraine are also covered by Article 2(2): countries apply to them either the Decision itself or adequate protection under national law.
A common mistake
Many people remember only the first condition — "lived in Ukraine before the war". There are two conditions, and the second one (leaving on or after 24 February 2022) is exactly what creates most of the borderline cases.
If you already have protection in another EU country
Until 2026 the main misunderstanding was "I had protection in Poland, so Spain will refuse", and the European Commission's 2022 guidance disproved it. Since August 2026 the picture is more complex, and the cautious answer is "you can, but preferably not with active protection in hand".
What the EU acts say:
- the rights attached to protection can be enjoyed only in the country that issued the permit (recital 16 of Decision 2022/382; the same preamble preserves a country's power to issue a permit "at any time"); Member States agreed not to apply Article 11 of the Directive on return to persons who move "without authorisation", unless they agree otherwise bilaterally (recital 15; recital 4 of Decision 2026/1912); the right to choose the country follows from recital 16 and from paragraphs 27-28 of judgment C-753/23;
- the European Commission's 2022 guidance (section II): a country cannot refuse registration because of a registration in another one; the second country is obliged to register the person and issue a permit; the first country's permit must expire and be withdrawn — in the spirit of Articles 15(6) and 26(4) of the Directive;
- the CJEU on 27 February 2025 (C-753/23): an application cannot be declared inadmissible merely because the person applied in another country and has not yet obtained the permit; but a country may verify "whether those persons have already obtained a residence permit in another Member State" (paragraph 30);
- the preamble of Decision 2026/1912 (recitals 5-6): countries "should reject" permit applications when it is apparent that the person has already obtained one in another country, and "nothing should be construed as implying an obligation" to issue a permit to someone who obtained one in another country. This is a recommendation in the preamble, not an article; it speaks of a permit having been obtained, not of whether it is currently valid.
Source conflict — we are not choosing for you
The European Commission's 2022 FAQ (still published unchanged) says: the second country is obliged to register. The preamble of Decision 2026/1912 says: the country should reject if a permit already exists in another country. A preamble is not an article, and an FAQ is not law; as of 25.09.2026 there is no document reconciling the two positions. The cautious practical conclusion: do not apply in Spain while the Polish status is active. But it has a price: once the Polish status is closed, it can only be recovered by re-entering Poland and meeting the conditions again (including proving military-obligation status), and if Spain refuses, there will be no protection anywhere. The law does not require it: the Commission's 2022 FAQ and Article 26(4) of the Directive allow registration in the second country with the first permit ending as a consequence. What to do if the Polish status cannot be closed or you do not want to lose it, the sources do not say.
Double registrations are not theory: on 31 May 2022 the European Commission launched the Temporary Protection Registration Platform, through which countries exchange data on registered persons in real time precisely for "addressing instances of double or multiple registrations", and Decision 2026/1912 (recital 7) requires data to be uploaded there regularly, including inactive registrations.
How to move from Poland correctly
- Close the protection in the first country. In Poland, UKR status ends automatically if you leave the country for more than 30 days (wherever you go — to Ukraine or to another EU country) or obtain temporary protection in another EU country; the PESEL number switches to NUE or CUKR status (Office for Foreigners, MOS). That page describes no separate waiver procedure, and the MOS page itself is not a source of law; get proof that the status has ended if you can, and if the Polish authority issues none, that is something to clarify with it. Spain, for the reverse situation — leaving Spain — advises waiving first because "the authorities of the other country may ask to see the waiver to be able to register you there"; expect the same from Spain.
- Gather the military-obligation evidence. A passport with an exit stamp — for Spain, as a country not bordering Ukraine, "as a rule" no older than 90 days according to the European Commission guidance; if the stamp is older than 90 days and there are no exceptional circumstances, or departure cannot be confirmed — an official document on exemption from, or fulfilment of, military obligations (recital 18: "exemption from, or compliance with"), for example from "Reserv+"; the Commission recommends a sworn translation but does not require one.
- Apply in Spain as a new applicant. In person, at a CREADE or a designated police station (Orden PCM/169/2022, Article 2.2); the OAR decision is issued within a maximum of 24 hours (Article 5). Spain may cross-check data with other countries through the Registration Platform; how exactly it does so is not published.
On benefits in Poland after the status ends, the Office for Foreigners page says nothing — find out from the Polish authorities, not from chats.
If you had protection but it ended
The situation "I had protección temporal (temporary protection), now I don't" is common — the status may have ended because of departure, failure to appear, or voluntary return. Here everything depends on why it ended, and that is examined case by case. According to the European Commission guidance (August 2026), after deregistration the procedure starts from the beginning — with evidence of legal departure. The only correct step is to go to a CREADE (the reception centres for displaced people from Ukraine) or a police station with documents about your previous status and explain your history, rather than building a plan on forum answers.
If you returned to Ukraine and then left again
Voluntary return to Ukraine ends the right to protection: the permit is revoked. The Commission's 2022 guidance notes that on a subsequent return to the EU a person who meets the criteria of Article 2 is again entitled to temporary protection — and here too the freedom to choose the country applies. The 2026 FAQ adds: the procedure starts from the beginning, and this time evidence of legal departure from Ukraine in compliance with military obligations is required.
Separately: a short trip to Ukraine (to visit relatives, to collect documents) should not be treated as a voluntary return and does not cancel the status — this is the Commission's position from the 2022 FAQ (section VI); the 2026 FAQ keeps the earlier indications in force in general terms but says nothing specific about short trips, and the length of absence after which de-registration happens is for each country to determine.
If you left Ukraine BEFORE 24 February 2022
This is the most painful case — and here we are not going to give you false hope.
By the letter of the Decision, such people are not covered: the second condition is not met. The Commission's guidance says this directly about those who were in another EU country with a valid permit (a work permit, for example) before 24 February 2022 — they "are not entitled to temporary protection, as it is understood that they were not displaced from Ukraine on or after 24 February 2022". The expiry of such a permit does not change that conclusion; they are pointed towards the international protection (asylum) route rather than temporary protection.
But there are two significant caveats:
- The same document adds that this does not prevent countries that decide to extend the scope from applying more favourable conditions.
- Recital 14 of the Decision itself invites countries (should be encouraged to) to consider extending protection to those who left Ukraine shortly before 24 February 2022 amid rising tensions, or who found themselves on EU territory (on holiday or for work, for instance) just before that date — and who cannot return to Ukraine because of the armed conflict.
Spain has used that discretion: Orden PCM/170/2022 covers Ukrainians who were in Spain on a short stay ("estancia") or in an irregular situation before 24 February 2022 and cannot return to Ukraine because of the armed conflict. Those who lived in Poland or another EU country before that date are not covered by the Spanish extension.
Conclusion for a borderline case
If you left weeks before the invasion, a refusal is not a foregone conclusion, but there is no guarantee either. This is exactly the kind of case to bring to CREADE with documents, rather than settling it on the basis of other people's comments.
If you are coming from outside the EU (from the USA, for example)
Here we will honestly stop. The EU acts describe displacement from Ukraine; the situation "left for a third country, lived there, and now I am moving to Spain" is not directly addressed in the documents we studied. We are not offering a conclusion on it — too much depends on your history of statuses. A practical difficulty has been added: your exit stamp from Ukraine is old, so by the logic of the Commission's FAQ you will need either an explanation of exceptional circumstances or a document on exemption from military obligations.
This is the case where it is worth writing to CREADE in advance or consulting an immigration lawyer, rather than buying a ticket on the strength of a forum answer.
Protection does not depend on the city
The question "which city still grants protection" comes up constantly — and it rests on a misunderstanding. The criteria are set by nationwide rules and work the same way across Spain. According to the Ucrania Urgente FAQ you can apply in person at the CREADE centres in Pozuelo de Alarcón (Madrid) and Málaga, via the CREADE in Barcelona — by police appointment — and in the other provinces at the designated National Police stations. What does differ is something else: the availability of places in the sistema de acogida (the state reception system), appointment waiting times, and how busy a particular office is. That affects convenience, not the right itself.
Rights arise immediately, not with the card
According to the European Commission's position, the right to temporary protection is immediate, and once registered a person may work — as an employee or as a self-employed person — without waiting for the physical card. In Spain this looks as follows: the application is filed in person (Orden PCM/169/2022, Article 2.2), the OAR decision is issued within a maximum of 24 hours and already includes the residence and work authorisation (Article 5); according to the Ucrania Urgente FAQ, "the authorisation granted through the OAR resolution produces full effects". The TIE (the foreigner's residence card) is issued later.
What we are not claiming
- The outcome of your particular case. Borderline cases (leaving before 24 February, a previous status in another country, arriving from outside the EU) are decided by the authorities on the basis of your documents.
- The practice of individual CREADE offices and police stations — it may differ, and we have not verified it.
- How Spain checks an active protection in another country in practice — there is no published Spanish instruction; we have described only the EU acts and the Commission's position.
- How much money you will need and how quickly you will find work — there is no official benchmark; any figures quoted in chats are someone else's experience, not a rule.
Where to go for an answer on your case: to file the application — the CREADE centres in Pozuelo de Alarcón (Madrid) and Málaga, via the CREADE in Barcelona — police appointment; the CREADE in Torrevieja offers information, legal advice and access to the reception system; in the other provinces, the designated National Police stations. For a complex case on the Costa Blanca you can find a lawyer in Torrevieja in our directory. A step-by-step breakdown of the application is in our guide "How to apply for temporary protection in Spain".
This guide is for reference only and is not legal advice; rules and practice change — check the primary sources (Council Implementing Decisions (EU) 2022/382 and 2026/1912, European Commission guidance, Ministry of Inclusion's "Ucrania Urgente") and consult a lawyer in a complex case. Facts checked against primary sources: October 2026. You can find Russian- and Ukrainian-speaking immigration lawyers in our verified directory.