Dual citizenship and the Mass Displacement Directive: MIG 2026:10 explained

By Mikkel Gerdes, Kliently. Published 2 November 2026.

Short answer: no, an additional citizenship does not automatically exclude the right to temporary protection under the Mass Displacement Directive. In MIG 2026:10 the Migration Court of Appeal found that a Ukrainian citizen who also held Canadian citizenship was still covered by the temporary protection. But the judgment does not decide every other case: the conditions in your specific situation, such as country of residence and date of departure, decide the outcome.


In short:

  • MIG 2026:10 concerned a Ukrainian citizen who also held Canadian citizenship.
  • The court found that the additional citizenship did not affect the right to temporary protection.
  • The Mass Displacement Directive and the implementing decision contain no rule excluding persons with dual citizenship.
  • The judgment does not decide every case: your residence and departure situation is decisive.
  • Dual citizenship can still matter in other parts of migration law, such as deportation.

Kliently

Does the protection cover you?

A migration lawyer can assess whether your situation matches the grounds of MIG 2026:10.

Book legal advice

Table of contents

What was the case about?

The case concerned a person who was a Ukrainian citizen but also held Canadian citizenship. The person applied for an extension of a residence permit for temporary protection under the Mass Displacement Directive, and the question was whether the additional citizenship meant the person was not covered by the protection. The Migration Agency appealed a migration court decision in favour of refusal, and the case was examined by the Migration Court of Appeal.

What did the court hold?

The Migration Court of Appeal found that the person was covered by the right to temporary protection and that the Canadian citizenship was irrelevant. The court established that the person was a Ukrainian citizen, had lived in Ukraine before 24 February 2022 and left the country after Russia's invasion, and was therefore covered by Article 2.1(a) of Council Implementing Decision (EU) 2022/382.

The grounds in brief

The court noted that neither the Mass Displacement Directive nor the implementing decision contains any provision that citizenship of an additional third country affects the right to temporary protection. Since the conditions in Article 2.1(a) were met, there was no basis to refuse a permit under Chapter 21, Section 2 of the Aliens Act. The Canadian citizenship was, in other words, irrelevant to the question.

The limits of the judgment

It is important to understand what the judgment does not decide. It concerns a person who met the criteria of the implementing decision: Ukrainian citizenship, residence in Ukraine before the invasion and departure after it. If your situation is different, for example if you left Ukraine before 24 February 2022 or lack Ukrainian citizenship, the assessment may be different. The judgment also does not say that dual citizenship is irrelevant in other contexts, such as deportation cases or refusals on other grounds. Always check your situation against the grounds, and have a migration lawyer assess whether your extension application stands on solid ground.

Frequently asked questions

Does dual citizenship exclude temporary protection?

No, according to MIG 2026:10 a Canadian citizenship did not affect the right to temporary protection for a Ukrainian citizen who met the criteria.

What are the criteria?

Ukrainian citizenship, residence in Ukraine before 24 February 2022 and departure from Ukraine after that date.

Does the judgment apply to every case?

No. It decided a specific case with specific conditions. Other situations may be assessed differently.

What is the Mass Displacement Directive?

An EU directive giving groups of people fleeing an armed conflict temporary protection in the member states, currently applied to people who fled Ukraine.

What if the Migration Agency said no?

A refusal can be appealed to the migration court. Have a lawyer assess whether your case matches the grounds of MIG 2026:10.

Sources

Recommendations

This is general information about rules that may change and does not constitute legal advice. For an assessment of your specific case, contact a lawyer.

← Back to the blog

Tell us briefly about your case and a lawyer will get back to you. You can also call or email us.

STEP 1 OF 2 – YOUR DETAILS

Share a little about yourself so we can contact you and assign the right migration lawyer.

By submitting you accept Kliently's privacy policy. Your information is kept confidential.