Extension of Ukraine's Protected Status Through March 2028
The Council of the European Union has extended temporary protection for displaced persons from Ukraine for another year. Implementing Decision (EU) 2026/1912 was published in the Official Journal of the European Union on August 4, 2026, and entered into force one day later. Temporary protection will thus remain in effect until at least March 4, 2028.
In Germany, refugees from Ukraine are granted a residence permit on this basis under Section 24 of the Residence Act (AufenthG). This Residence permit provides for a residence permit without a traditional asylum application, as well as access to the labor market, the healthcare system, and certain social benefits.
Important: New requirements for those subject to military service are effective immediately!
An important change has been in effect since August 5, 2026. It applies to individuals subject to compulsory military service in Ukraine. They are no longer automatically entitled to temporary protection. Instead, they will only be granted EU protection in the future if they can prove that they have fulfilled their military obligations or have been exempted from them.
The new rule therefore primarily affects Ukrainian men of military age, between 23 and 60 years old. Effective immediately, the following applies to them:
- Anyone applying for temporary protection in the EU for the first time must provide proof that they have fulfilled their military obligations in Ukraine or have been exempted from them.
- Anyone who does not meet this requirement is not entitled to temporary protection under this EU decision.
- However, that does not mean that they are generally unable to obtain protection in the EU. Instead , they can file an application for international protection—that is, an asylum application.
- The key difference is this: An asylum application does not automatically lead to protected status. During the asylum process, each case is reviewed individually to determine whether the requirements for refugee protection, subsidiary protection, or, if applicable, another form of protection are met.
Proof that a person subject to military service has lawfully left Ukraine may include an exit stamp from Ukrainian border authorities in the passport or an official document confirming exemption from or fulfillment of military obligations. The EU decision also explicitly mentions electronic proof via the Ukrainian app Reserv+.
For Ukrainian refugees who already have temporary protection in an EU member state, however, the decision does not change anything. The new rule applies exclusively to individuals subject to military service who enter the EU on or after August 5, 2026, and wish to apply for temporary protection.
Conclusion: Which rule applies, and when does it take effect?
For refugees from Ukraine, two dates are particularly important. As of August 5, 2026, the new requirements for conscripts in Ukraine will take effect. Anyone affected by these requirements who wishes to apply for temporary protection for the first time must prove that they have fulfilled their military obligations or that they are exempt from them. If they cannot provide such proof, they are not eligible for temporary protection. In the future, those affected will have to file an asylum application.
The actual extension of temporary protection will take effect on March 5, 2027. The protection status will then continue until at least March 4, 2028.
