The EU Council voted to extend temporary protection for Ukrainians until March 4, 2028. The protection covers the right to residence, employment, medical and social assistance, as well as children's access to education. Currently, 4.38 million people benefit from the status — the most in Germany (1.27 million), Poland (961 thousand), and Czechia (380 thousand).
New rule: failed to leave legally — won't get status
The restriction, initially described as a "ban for military conscripts," is more precisely: protection will not be granted to those who cannot prove the legality of their departure from Ukraine. A passport with a stamp confirming legal border crossing, an electronic or paper document on deferment, discharge from service, or other legal grounds will serve as confirmation.
The restriction applies to all military conscripts regardless of gender — not just men. And it will take effect not in March 2027, when new protection begins, but the day after the decision is published in the EU Official Journal.
"Our proposal provides that temporary protection should not be granted to newly arrived persons who are not allowed to leave Ukraine due to their military obligations under Ukrainian legislation"
European Commission
What the decision does not do
- It does not strip status from those who already have temporary protection — even if they are military conscripts.
- It does not trigger forced deportations.
- It does not close the asylum application procedure — but, as informally noted by the European Commission, the chances of obtaining refugee status solely on the basis of draft evasion are low.
Context: why now and whose request
EU Migration Commissioner Magnus Brunner explained the decision as a balance between Europe's humanitarian obligations and Ukraine's defense needs. It is noteworthy that Kyiv itself requested Brussels to introduce this restriction — the EU responded to the request rather than acting independently.
In parallel, the European Commission announced a pilot "Voluntary Return and Reintegration Program" — for those who decide to return on their own, practical support with housing and employment is provided.
The temporary protection directive was first activated on March 4, 2022 — by unanimous decision of the EU Council. Lawyers at the time believed the mechanism allowed only two extensions, meaning it would end in March 2025. The European Commission chose a broader interpretation — and now extends it for the third time.
The question that remains open: will Ukraine be able to ensure rapid and transparent issuance of documents confirming legal departure — and if not, how many people will find themselves in a legal gray zone between denial of temporary protection and minimal chances of refugee status?
