Temporary protection extended through March 2028
The EU member states have agreed to extend temporary protection for people from Ukraine until March 4, 2028. The protection status was introduced shortly after the start of Russia’s war of aggression in March 2022 and has been extended several times since then.
According to the Council of the European Union, approximately 4.4 million people are currently benefiting from this program. It allows refugees from Ukraine to live in an EU member state without going through the regular asylum process.
This protection status includes, among other things, the right of residence, access to the labor market, medical care, social benefits, and school attendance for children. In Germany, temporary protection is linked to a Residence permit Section 24 of the Residence Act (AufenthG).
Following the political agreement, the decision must still be formally adopted by the Council in the coming weeks and subsequently published in the Official Journal of the European Union. The extension will then officially take effect.
New Requirements for Ukrainian Men Subject to Military Service
In addition to the extension, EU member states have also decided to amend the existing rules. Going forward, temporary protection for newly arriving Ukrainian men of military age will only be granted if they can prove that they are fulfilling their military obligations in Ukraine or are exempt from them.
Acceptable forms of proof include, for example, a passport bearing an official exit stamp from Ukrainian authorities or an official document confirming exemption from military service or fulfillment of military service obligations.
This move comes in response to a request from the Ukrainian government. According to the EU, the new rule is intended to help Ukraine maintain its defense capabilities.
People who are already protected are not affected
It is important to note that the new rule applies exclusively to individuals who are applying for temporary protection for the first time in the future. Those who already have protected status in an EU country will retain that status without change and are not required to provide any additional documentation.
There will also be no change to the rights of those who are already protected. They may continue to live and work in the EU and receive temporary protection benefits.
What does this change mean for Ukrainians entering the country for the first time?
Under current Ukrainian regulations, the change primarily affects men of military service age, between 23 and 60 years old. In Ukraine, many men are subject to a ban on leaving the country while martial law is in effect. Exceptions apply, among others, to individuals who are exempt from military service or who are in certain family or health-related situations.
Those who do not meet the new requirements for temporary EU protection will no longer automatically be granted that status in the future. However, those affected can still file a regular asylum application. Unlike with temporary protection, each case will be reviewed individually.
Criticism from human rights organizations
The restriction that has been adopted has drawn criticism from several human rights organizations. They warn against automatically excluding men subject to military service from temporary protection. In their view, the original EU directive does not provide for such a ground for exclusion.
Critics also fear that the new rule could discriminate against men based on their age and gender. They also point out that conscientious objectors in Ukraine currently have only limited options for performing alternative civilian service. They further warn of an additional burden on national asylum authorities, as more people would have to rely on the regular asylum process.
An Overview of the Key Points
- Temporary protection for refugees from Ukraine will be extended through March 4, 2028.
- Ukrainian men of military age (23 to 60 years old) who are newly arriving in the EU will no longer automatically receive EU protection. They must file a formal asylum application.
- An exception applies to men who can prove that they have fulfilled their military obligations or are exempt from military service.
- For Ukrainians who are already receiving temporary protection in an EU member state, nothing will change. They will retain their protection status through March 2028.
