DRC Projects

Changing Refugee Status or Temporary Protection to Another Type of Residency for Ukrainians in Spain

Following the full-scale invasion in Ukraine, Spain, granted Temporary Protection to Ukrainians. According to official data as of the end of 2023:

approximately 193,000 Ukrainians received Temporary Protection in Spain (per Spain’s Ministry of Inclusion, Social Policy, and Migration).
Additionally: Some Ukrainians entered Spain through other mechanisms (e.g., family reunification, work visas), but exact numbers are undisclosed due to status changes.

Per Eurostat (2022–2023): Spain ranks among the top 10 EU countries for hosting Ukrainians but lags significantly behind Poland, Germany, and the Czech Republic.

Most Ukrainians received Temporary Protection under EU Directive 2001/55/EC and Spain’s Royal Decree 6/2022.
Trend: Applications for Temporary Protection decreased in 2023 due to stabilization of refugees in other EU countries or returns to Ukraine.
These figures include only individuals who formally registered for Temporary Protection. The actual number of Ukrainians in Spain may be higher due to informal migration.

It is critical to distinguish between Refugee Status and Temporary Protection and identify legal pathways Spain offers for transitioning between residency types.

Key Differences Between Refugee Status and Temporary Protection in Spain

REFUGEE STATUS / POLITICAL ASYLUM:

Under the Dublin Convention, refugee status is granted in the first country whose border a person crosses while fleeing war.

WHO CAN APPLY?

Ukrainian citizens forced to leave Ukraine due to the war;
Third-country nationals and stateless persons who were legally residing in Ukraine and forced to flee due to the war and cannot return to their country of origin.

RIGHTS GUARANTEED BY THE STATUS:

Right to reside in a refugee camp;
Access to healthcare;
Education for children;
Monthly financial assistance for the duration of the status;
Access to the labor market.

LIMITATIONS IMPOSED BY THE STATUS:

Inability to leave the host country until refugee status is granted;
Inability to return to Ukraine after obtaining refugee status;
Surrender of personal documents (you will receive a residence permit instead);
Inability to work until refugee status is granted or if the application is denied.

Important: Temporary Protection in Spain (since 2022) allows Ukrainians to work, access healthcare, and education but is not equivalent to Refugee Status. For long-term stability, both options should be considered.

Legal Framework

Refugee Status: Governed by the 1951 UN Refugee Convention and 1967 Protocol, alongside Spanish laws:
Refugee Act (Ley 12/2009, October 30).
Aliens’ Rights and Freedoms Act (Ley Orgánica 4/2000).
Temporary Protection: Based on EU Directive 2001/55/EC and Royal Decree 6/2022.

Where to Apply for Refugee Status in Spain

1.Office for Asylum and Refugees (OAR)

Under Spain’s Ministry of Interior.
Address: C/ Pradillo, 40, 28002 Madrid.
Website: http://www.interior.gob.es → “Extranjería” → “Asilo y Refugio”.

2.UNHCR Spain

Provides legal advice.
Website: https://www.acnur.org (Spain section).

3.NGOs:

CEAR (Refugee Aid Commission): https://www.cear.es.
Red Acoge: https://www.redacoge.org.

Options to Change Residency Status

A. Work-Based Residency (Autorización de Residencia por Trabajo)

Requirements:
Official job offer from a Spanish employer.
Approval from the Directorate General for Migration.
Law: Article 49, Ley Orgánica 4/2000.

B. Family Reunification (Reagrupación Familiar)

Requirements:
Relative residing in Spain or an EU citizen.
Proof of financial stability and housing.
Law: Article 17, Ley Orgánica 4/2000.

C. Social Integration Residency (Arraigo Social)

Requirements:
3+ years of residence in Spain (period under Temporary Protection counts!).
Proof of integration (employment, volunteer work, language proficiency).
Clean criminal record.
Law: Article 124.3, Ley Orgánica 4/2000.

D. Study-Based Residency (Estancia por Estudios)

Requirements:
Enrollment in an accredited educational institution.
Proof of financial means.

Procedure for Changing Status

1.Choose eligibility: Determine the appropriate residency type.

2.Gather documents:

Valid passport or Foreigner Identity Card (TIE).
Evidence meeting requirements (e.g., employment contract, marriage certificate).
Criminal record clearance.

3.Submit application:

Via OAR or local immigration office (Extranjería).

4.Await decision: Up to 3 months (Article 21, Ley 39/2015).

Special Considerations for Ukrainians

Temporary Protection (since February 24, 2022) includes:
Right to reside, work, healthcare, and education.
Simplified access to social benefits.
Valid for 1 year, extendable to March 4, 2026, depending on Ukraine’s situation.

Can Temporary Protection be converted to another residency?

Yes. Ukrainians may apply for standard residency without waiting for Temporary Protection to expire.

Risks & Recommendations

Consult a lawyer: To assess how changing status affects protection rights.
Do not rush to relinquish Temporary Protection: It guarantees healthcare, education, and social services.
Use simplified procedures: Special programs exist for Ukrainians (e.g., Arraigo Social counting Temporary Protection periods).
Verify official sources:
Spain’s Ministry of Inclusion, Social Policy, and Migration.
European Commission’s Ukraine support portal.

Conclusion

Ukrainians in Spain have unique opportunities to combine Temporary Protection with other residency types. However, each case requires individual analysis: errors in documentation or premature status changes, may lead to loss of rights.

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