Legal Changes🇦🇹
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ImportantFederal·Immigration

Ukraine displacement protection order extended with new eligibility rules and transition provisions

Austria's temporary residence protection for Ukrainians displaced by armed conflict has been amended to add new eligibility categories, clarify family member definitions, allow transitions to permanent residence permits, and extend the regulation's framework. Changes take effect on October 16, 2026.

Official reference
BGBl. II Nr. 92/2022 ↗

What changed

The regulation now includes three new sections: § 3 covers Ukrainians who held valid residence permits or asylum status on February 24, 2022 but lost them due to the conflict; § 4a allows those with temporary displacement protection to apply for permanent residence permits under normal law (NAG) by renouncing their temporary status; and the regulation's preamble and key provisions have been updated to reference the latest amendment (BGBl. II Nr. 304/2026). The regulation is set to expire on October 15, 2026.

Who is affected

Ukrainian nationals and their family members already in Austria under this protection order, particularly those whose previous residence or asylum permits expired; those who were legally resident in Austria on February 24, 2022 but cannot return; and family members of displaced persons. The new transition rules benefit those seeking to move from temporary to permanent legal status.

Key provisions

Under § 3, Ukrainians with valid residence or asylum permits as of February 24, 2022 that were not renewed due to the conflict may continue receiving temporary protection. § 4a permits those with temporary displacement status to apply for regular residence permits by formally renouncing their temporary protection rights in writing; this renunciation becomes effective when the permanent permit is issued. Persons who previously held temporary protection and apply for permanent permits before the temporary status expires may remain legally resident throughout the application process, provided they meet security requirements.

What to look out for

If you hold temporary displacement protection and wish to apply for a permanent residence permit, you must expressly renounce your temporary status in writing as part of the application; this renunciation can only be withdrawn until a final decision is issued. The regulation's temporary provisions end on October 15, 2026, after which new rules apply. Anyone unsure of their eligibility should verify their entry date, previous residence status on February 24, 2022, and family relationships with eligible persons.

This explanation is AI-generated based on the official source linked above. It is not legal advice. For binding interpretation consult a qualified attorney or the responsible authority.