EU ambassadors extend Ukrainian protection status until March 2028 and partially exclude men liable for military service

The EU Commission had proposed the extension because the need for protection for people fleeing Ukraine remains „clearly evident." According to Council figures, almost 4.4 million displaced persons from Ukraine currently receive temporary protection in the EU. Most of them live in Germany, Poland and the Czech Republic. Around 94,100 Ukrainian citizens are currently registered in Austria. The majority of the displaced persons are women and children, around a quarter are men.

The agreement in principle, however, includes an important restriction: Newly arriving men of conscription age should in the future only benefit from the simplified reception rules if they have completed their military service in Ukraine or are exempt from it. „Abgesehen von den Einschränkungen für wehrpflichtige Männer sollen die vereinfachten Aufnahmeregeln bis März 2028 verlängert werden", according to the Council communication. In practice, refugees from Ukraine would in the future have to prove that they have fulfilled their military obligations, according to the communication.

Who is affected – and who is not?

The change would only apply to men newly arriving in the EU. Those who already enjoy protection are not directly affected, as the Council of the EU states announced. Under current Ukrainian rules, men fit for service between the ages of 23 and 60 would be particularly affected. For them, an exit ban applies in Ukraine. „Sie unterliegen in der Ukraine einem Ausreiseverbot", according to the communication.

Jim O'Callaghan, whose country currently holds the EU Council Presidency, justified the decision with a dual thrust: „Das Signal ist eindeutig: Wir stehen weiterhin an der Seite der Ukraine. Und im Rahmen unserer Unterstützung wollen wir auch sicherstellen, dass sich die Ukraine selbst verteidigen kann. Deshalb respektiert unser befristetes Schutzprogramm die legitimen Bedürfnisse der Ukraine."

The protection scheme was originally designed for one year but has already been extended several times. According to the Council, displaced persons receive the status quickly and without bureaucracy and do not have to go through a regular asylum procedure. In addition, those eligible should in the future be able to obtain a longer-term residence status more easily, for example due to employment, training or family reasons.

Reactions from Brussels and Dublin

The mechanism, which Brussels had activated for the first time in March 2022, can be applied in cases of an extraordinary mass influx. „Vorübergehender Schutz nur denjenigen gewährt werden sollte, die ihren militärischen Verpflichtungen in der Ukraine nachkommen", according to the Council communication. In Ukraine, men between the ages of 18 and 60 are generally liable for military service, with conscripts actually being drafted from the age of 25. Exceptions apply, among other things, to single parents, fathers of several minor children, or for health reasons.

The new line means significantly lower chances of protection and residence in the EU for affected men. „Sie hätten also deutlich geringere Aussichten auf Schutz und eine Aufenthaltserlaubnis", the Council warns. According to the EU's wishes, they will in future only have the option of applying for asylum. The Commission also wants to develop a pilot programme for voluntary return and reintegration in cooperation with interested member states and the Ukrainian authorities.

The Council of the EU member states had previously already adopted a recommendation on the gradual transition to other residence titles as well as on sustainable return and reintegration in Ukraine, as soon as circumstances allow. The EU ambassadors agreed in Brussels on Tuesday to extend the existing protection in principle by another year and at the same time to adjust the military service regulation for new arrivals. The EU states agreed on this today.

Outlook: What comes next

Observers interpret the decision as a signal to Kyiv that the EU wants to support Ukraine's defence capability without abandoning humanitarian protection for the large majority of the displaced – women, children and exempt men. At the same time, the EU is using the measure to increase pressure on men liable for military service to register in Ukraine or perform their service.

Formal approval by the Council of the EU member states is still pending. If everything goes as planned, the extension of protection status until March 2028 will enter into force a few days after publication in the Official Journal of the EU. For the EU Commission, the Ukraine crisis remains the largest single humanitarian protection case in the history of the European Union.