The EU’s response to displacement from Ukraine, including the decision to trigger the Temporary Protection Directive on March 2022 allowed for an effective response and granted access to a wide spectrum of rights to those fleeing Ukraine. Among other rights, TP beneficiaries are able to visit Ukraine. A significant number of back-and-forth movements – so called “pendular” movement – has been recorded: as of 1 November 2022, UNHCR had registered more than 7 million crossings to Ukraine compared to 15 million border crossings from Ukraine. 

Given the absence of clear legal provisions regulating pendular movements to and from Ukraine of TP holders, this Policy Note analyses the related practices of the EU Member States. ECRE concludes inter alia that there are considerable inconsistencies across the EU and a variety of practices in relation to the maintaining, freezing and de-registering of TPD status in response to pendular movements.

The Policy Note concludes by outlining a set of recommendations. According to ECRE, it is essential to ensure continued access to the protection afforded by the Directive and the respective rights and benefits even in the case of pendular movement.

For further information, including on the different approaches that Member States have adopted to pendular movements, please read the full policy note below.