Ukrainer, die nach den USA Schutz in der EU suchen: rechtliche Optionen und Länder, die weiterhin Flüchtlinge aufnehmen

Nach den USA können Ukrainer in Europa oder Lateinamerika Schutz suchen. Erfahren Sie, welche Länder Flüchtlinge aufnehmen, welche rechtlichen Nuancen wichtig zu beachten sind und wie Sie rechtliche Unterstützung erhalten können

Rechtliche Unterstützung bei Migrationsfragen für Ukrainer in der Ukraine und im Ausland

HOLEN

After russia launched its full-scale invasion, thousands of Ukrainians found refuge in the US. However, the temporary nature of programs such as Temporary Protected Status (TPS) and the expiration of the Uniting for Ukraine (U4U) initiative are forcing some citizens to seek new ways to legalize their status, particularly in Europe or Latin America. In this article, we will look at the possibility of reapplying for protection after staying in the US, which countries are willing to accept Ukrainians again, and what legal risks and opportunities exist.

By the way, we have discussed what to do after the U4U status expires in order to remain in the US, as well as how Ukrainians can travel to the US in 2025 if U4U is discontinued, in previous articles.

Protection status in the US: what does it mean legally?

The most common protection mechanism for Ukrainians in the US is Temporary Protected Status (TPS), which allows them to legally stay and work in the country but does not grant them the right to permanent residence. The Uniting for Ukraine (U4U) program, which was previously in effect, has now ended, and most Ukrainians cannot obtain entry through it.

It is important to understand that

● these programs are not a form of traditional political asylum;

● temporary protection can be revoked at any time by the US government;

● they do not guarantee further legalization.

It is precisely because of this legal status that many EU countries consider the US a “safe third country,” which makes it difficult to obtain temporary protection or refugee status in Europe.

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Is it possible to reapply for protection in Europe after the US?

Despite general restrictions, some EU countries continue to accept Ukrainian citizens on the basis of relevant arguments. Here are the most realistic destinations:

Germany

Provides temporary protection under EU Directive 2001/55/EC until March 4, 2026. However, if you have previously stayed in the US, the decision is made on a case-by-case basis.

Key factor: proving that you did not receive long-term protection or permanent status in the US.

Italy

Still accepting Ukrainians for temporary protection. To obtain status, it is important to provide documents proving:

● completion of the US program;

● lack of prospects for legalization;

● inability to return to Ukraine.

Italian authorities take life circumstances into account, so a well-founded application is key to a positive decision.

Spain

It has one of the most loyal positions towards Ukrainians. Therefore, if the applicant has not been granted asylum or residency in the US, there is a high chance of being granted temporary protection. A distinctive feature of Spain is its humanitarian approach to cases, especially in cases where a person is returning from another third country.

Portugal

This country allows you to obtain:

● humanitarian status;

● a residence permit based on integration;

● transition from temporary to resident status.

Portugal is one of the most open destinations for Ukrainians seeking to remain in Europe legally after the US.

Alternative options outside Europe: where else can you get protection?

Canada

Although the CUAET program has ended, there are alternatives:

● humanitarian protection applications;

● immigration through work or relatives;

● residence permits based on difficult life circumstances.

Latin America (Mexico, Argentina, Brazil)

The governments of some countries offer Ukrainians humanitarian visas or residence permits. These options are characterized by:

● less bureaucracy;

● fewer legal restrictions;

● however, more difficult social adaptation (language barrier, level of healthcare, labor market, etc.).

Legal restrictions and international norms: what do you need to know if you want to move to Europe after the US?

According to the 1951 UN Convention Relating to the Status of Refugees, a person cannot reapply for refugee status if they have already been granted protection in a “safe third country.” The US is considered such a country by most EU countries.

However, temporary protection is not equivalent to refugee status, so the possibility of applying for new protection remains, especially if the person did not have long-term or legal status in the US.

In such a situation, Visit Ukraine's migration lawyers advise:

● Do not apply for asylum without valid grounds.

● Do not use formal grounds (such as “went on vacation from the US to the EU”) that could be considered abuse of the procedure.

● Avoid visa violations, as this could lead to deportation or a ban on entry.

Practical recommendations for Ukrainians who want to move from the US to Europe

1. Keep documents confirming your status in the US and its termination or inability to be extended.

2. Do not travel to the EU without a clear legalization strategy — spontaneous actions may result in denial of protection.

3. Consult with experts — situations are considered on a case-by-case basis, and every detail matters.

4. Justify the need for protection with real reasons, such as the completion of a temporary program in the US, denial of status, inability to obtain residency, etc.

Reapplying for protection after staying in the US is a complex legal procedure that requires competent assistance. To develop the right strategy and avoid risks, contact the immigration lawyers at Visit Ukraine. Our specialists will help you:

● assess your chances;

● prepare a well-founded application;

● avoid mistakes that could lead to rejection;

● accompany the legalization process in the country of your choice.

Contact us for an individual consultation — take the next step with confidence!

We remind you! In April 2025, Ukrainian migrants in the US received letters notifying them of deportation. Later, the Department of Homeland Security announced that a mistake had been made. Read about the grounds for deportation from the US and how not to violate immigration law in our previous article.

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