Official: EU Commission Proposes Extension Through March 2028
Temporary protection for refugees from Ukraine is currently in effect until March 4, 2027. According to a proposal by the European Commission submitted on Friday, this protection is now set to be extended until March 4, 2028.
The Commission justifies this move by citing Russia’s ongoing war of aggression and the uncertain situation in Ukraine. The proposal states that a safe and permanent return remains impossible for many people. The one-year extension is therefore intended to provide those affected with greater security and better opportunities for planning.
Currently, approximately 4.37 million people in the European Union have temporary protection status. Germany has taken in the largest number of people eligible for protection, with just under 1.28 million.
In Germany, Ukrainian refugees are granted a residence permit under Section 24 of the Residence Act (AufenthG) through the temporary protection program. As a result, they are not required to go through the regular asylum process and have access to, among other things, the labor market, health care, and social benefits.
Who should be excluded from temporary protection in the future?
In addition to extending protection for another year, however , the EU’s proposal includes an important change: Conscripts who leave Ukraine without an exit permit after the new rule takes effect will no longer receive automatic protection. This primarily affects:
- Men between the ages of 25 and 60
- Men between the ages of 23 and 25, if they are on the reserve list
You are considered subject to military service and currently need an exit permit from the authorities in order to leave Ukraine. Only those who can present a valid exit permit will continue to receive temporary protection.
With this amendment, the European Commission aims to take Ukraine's defense capabilities into account. Ukraine must be able to decide for itself which individuals are not permitted to leave the country due to existing military obligations.
Are there any exceptions?
An exception is provided for Ukrainian men who already have temporary protection in Germany or another EU country. They are to retain their protection status and will also be covered by the planned extension through March 4, 2028.
Individuals who are permitted to leave the country under Ukrainian law should also continue to receive protection automatically. In addition, Ukrainian men of military age may receive protection if they can present a valid exit permit from Ukraine.
Can men who have recently entered the country apply for asylum?
Yes—even though men entering the country for the first time will no longer receive automatic protection once the new rule takes effect, their right to apply for asylum remains. They can still apply for international protection in Germany or another EU country. However, they will no longer receive protection automatically, as was previously the case.
Instead, each asylum application would be reviewed on a case-by-case basis. Asylum seekers would have to provide credible evidence that they face persecution or other serious harm in Ukraine. However, according to the European Commission, the possibility of being called up for military service does not automatically lead to protection status.
When do the new rules take effect?
Currently, only the European Commission’s proposal is on the table. It is not yet law. The next step is for the Council of the European Union—in which the governments of the member states are represented—to decide on the proposal.
Important: The extension of protection is scheduled to take effect on March 5, 2027. However, the restrictions on persons subject to military service could take effect earlier.
This is because the European Commission is proposing that the new rule for conscripts take effect as early as the day after the new law is published. This means that individuals who are denied permission to leave the country due to their military service obligations might no longer be eligible for temporary protection not just starting in March 2027, but much sooner.
Until the Council of the European Union has adopted the proposal and the decision has been published, the current rules will continue to apply. This means that Ukrainians entering the EU at this time can still receive temporary protection if they meet the general requirements.
EU Prepares for the Long Term and for Return
At the same time , the European Commission is calling on member states to step up their preparations for the period following the end of temporary protection. Refugees who meet the requirements should be gradually resettled in other Residence permit . Possible options include, for example, residence permits for employment, vocational training, higher education, or family-related reasons.
In addition, the EU is working with Ukrainian authorities to plan a pilot program for voluntary return and reconstruction. The program is designed to support people who wish to return to Ukraine voluntarily. Among other things, it will provide assistance with finding jobs, housing, and educational opportunities in Ukraine.
According to the Commission, this involves voluntary and long-term return. Plans for the comprehensive return of all refugees will not be made until the security situation in Ukraine allows for it.
