Transition from temporary protection to refugee status or subsidiary protection in France
French legislation allows a transition from temporary protection to refugee status or subsidiary protection at any time — an APS holder may file an asylum application without losing their current status while the case is under review.
International Law Firm "Zahist" has a presence in France and helps clients assess whether, in their specific situation, it is advisable to move from temporary protection to an individual status. Our experience shows that a decision based on a detailed analysis of the region of origin and personal circumstances leads to a positive outcome far more often than filing an application at random.
Legal basis for the transition: Article L581-4 Ceseda
Article L581-4 of the Code on the Entry and Residence of Foreigners and the Right of Asylum expressly enshrines the right of a temporary protection holder to exercise at the same time the right to lodge an asylum application.
Throughout the entire period of examination of the application, the person remains under the temporary protection regime, and if asylum is refused, they retain temporary protection for as long as that regime continues to apply at the level of the European Union.
If, however, OFPRA or the CNDA grants refugee status or subsidiary protection, this new status fully replaces temporary protection and becomes the principal confirmation of the right of residence.
How the transition works in practice
An APS holder applies to the initial reception structure (SPADA) and registers the application at the single reception centre (GUDA), after which, within twenty-one days, they submit a complete file to OFPRA.
While the application is under review, the current APS remains valid and is renewed on the general grounds, so the status holder does not lose the right to work or medical insurance.
Our experience shows that running both procedures in parallel — renewal of the APS and examination of the asylum application — requires careful monitoring of deadlines so that neither document lapses through inattention.
Region of origin and CNDA practice on subsidiary protection
The National Court of Asylum (CNDA) has consistently examined cases of Ukrainian nationals, and its practice differs substantially depending on the applicant’s region of origin.
| Category of regions | Examples of regions | CNDA position |
| Indiscriminate violence of exceptional intensity | Donetsk, Luhansk, Zaporizhzhia, Kharkiv, Mykolaiv, Dnipropetrovsk, Kherson | subsidiary protection is granted automatically to all persons originating from these regions |
| Violence exists, but not at an exceptional level | Odesa, Khmelnytskyi, Vinnytsia, Volyn, Zhytomyr, Poltava, Sumy, Chernihiv, Rivne, Lviv, Ternopil, Zakarpattia, Cherkasy, Kirovohrad, Kyiv | individual risk factors must be proven — isolation, age, state of health |
This means that the success of an application for subsidiary protection depends substantially on the specific region from which the applicant originates, and not solely on the general fact of war in Ukraine.
Whether filing an application in another EU country has an effect
If the applicant has previously already lodged an asylum application in another European Union country, the French authorities check this through the Eurodac system and may apply the Dublin procedure for transfer of the case to the competent state.
For temporary protection holders such cases are rare, because the status is usually obtained in only one country of stay; nevertheless, the check is still carried out upon registration at the GUDA.
Our experience shows that applicants should inform their adviser in advance of any previous applications to other EU states in order to avoid unexpected delays during registration of the application.
Transition statistics: how many Ukrainians obtain protection
The number of asylum applications from Ukrainian nationals grows every year: in 2022 OFPRA registered 1,770 applications, in 2023 — 3,430, and in 2024 the number quadrupled compared with the previous year and reached 11,800 first applications.
According to official data, in 2024 international protection was granted to 6,923 Ukrainian nationals, whereas a year earlier that figure stood at 2,350 persons.
In 2024 the National Court of Asylum issued 187 decisions on appeals by Ukrainians, of which 77 resulted in the grant of protection — 15 obtained refugee status and 62 subsidiary protection.
What changes in rights after obtaining protection
Instead of an APS valid for six months, a refugee status holder receives a ten-year residence card, and a person with subsidiary protection — a multi-year card for up to four years.
These documents do not depend on further decisions of the Council of the EU regarding temporary protection, so the status becomes considerably more stable and long-term compared with regular renewal of the APS.
In addition, access opens to a simplified family reunification procedure and a travel document in place of a national passport.
Risks of the transition: why the decision should be weighed carefully
Examination of an asylum application usually takes longer than a simple renewal of the APS and does not guarantee a positive outcome, especially for applicants from regions where the CNDA does not recognise the violence as exceptional.
Our experience shows that filing an application without a prior analysis of the region of origin and individual circumstances often leads to refusal, whereas temporary protection would have remained valid even without this procedure.
Therefore the decision to transition should be taken on the basis of a realistic assessment of the chances, and not solely from a desire to obtain a more stable status as quickly as possible.
How to prepare individual risk factors for regions without automatic protection
For applicants from regions where the CNDA does not recognise the violence as exceptional, documentary evidence of individual circumstances that increase personal risk in the event of return is of key importance.
- Isolation and the absence of relatives or acquaintances able to provide support in the event of return.
- Advanced age or other factors that limit the ability to take care of one’s own safety independently.
- A state of health requiring continuous medical supervision that is unavailable in the region of origin.
- Status as a single parent with minor children without support from the other parent.
Our experience shows that combining several such factors in one case substantially increases the persuasiveness of the application even for regions where there is no automatic recognition of subsidiary protection.
Typical mistakes when transitioning to individual status
The most frequent mistake is filing an asylum application without regard to CNDA practice concerning the applicant’s specific region of origin.
Another common problem is ceasing to pay attention to renewal of the APS out of confidence that the asylum application will automatically resolve the status issue more quickly.
Our experience shows that applicants who in parallel prepare evidence of individual risk — state of health, family situation, lack of support in the event of return — have significantly higher chances of a positive CNDA decision.
The role of a lawyer at the stage of appeal before the CNDA
If OFPRA refuses to grant protection, the case may be appealed before the CNDA, and at this stage the involvement of a lawyer is especially important for regions without automatic recognition of subsidiary protection.
A lawyer helps structure individual risk factors in line with the court’s current practice and prepare additional evidence that was not presented at the OFPRA interview stage.
Our experience shows that cases prepared with regard to the latest CNDA decisions concerning the specific region of origin have significantly higher chances of a review of the decision in the applicant’s favour.
Expert view: when the transition is justified
An analysis of our cases shows that a transition to individual status is most often justified for applicants from regions where the CNDA has already recognised the violence as exceptional, or where there are substantial individual risk factors.
For other applicants, temporary protection most often remains the optimal solution for as long as that regime continues to apply at the level of the European Union.
We recommend consulting a specialist before filing an asylum application in order to assess realistically the chances of success in light of current CNDA practice for the specific region.
When it is best to file an asylum application
The optimal moment to file an application depends not on the validity period of the current APS, but on readiness to gather persuasive evidence — region of origin, individual circumstances, and available documentation.
Hasty filing of an application without preparation often leads to refusal, whereas a more considered approach with a prior consultation makes it possible to submit a stronger case even with a certain delay.
International Law Firm "Zahist" has a presence in France and helps clients carefully assess the prospects of transitioning to an individual protection status in light of the region of origin and current CNDA practice.
An individual consultation helps accurately plan the transition from temporary protection to refugee status or subsidiary protection and avoid filing an application without realistic chances of a positive decision.
Every case has its own particularities — region of origin, individual circumstances, available evidence — so a detailed analysis of the situation together with a specialist remains the most reliable way to take a considered decision.
The more accurately the applicant understands the current CNDA practice in their area before filing the application, the more realistically they assess their own chances of a positive decision.
