EU Commission proposes extending Ukraine temporary protection until 2028, excluding fighting-age men

The European Commission on Friday proposed extending temporary protection status for individuals fleeing the war in Ukraine until March 2028 — but excluding newly arrived men of fighting age.

The temporary protection scheme offers more than 4 million people who fled Ukraine the right to live, work and study in EU countries. The scheme has been extended several times since the start of Russia’s full-scale invasion. Barring another extension, it will expire in March 2027.

Under the Commission’s plan, the status would be extended until March 4, 2028 but not for those with “military obligations,” who aren’t allowed to leave Ukraine. Ukraine bars men aged 25 to 60, who are of conscription age, and men aged 23 to 25, who are on the military reserve list, from leaving the country.

The limitation would not apply to men who received temporary protection before the new rules enter into force.

In its announcement, the Commission said the plan aimed to “reconcile the protection needs with Ukraine’s overall ability to defend itself against Russia’s illegal war of aggression.”

The proposal comes after a ministerial discussion earlier this month showed “strong support” for plans to exclude fighting-age men, Swedish Migration Minister Johan Forssell told POLITICO.

The Council of Europe’s Commissioner for Human Rights Michael O’Flaherty has warned against a “wholesale rejection” of conscription-age men.

“What I want to make sure is that those who legitimately can be exempted from conscription have a chance to make their case, like a conscientious objector. And so what we need is a one-by-one consideration of every man’s case,” he told POLITICO.

Ukraine “has a legitimate expectation and a legitimate right to impose conscription, but it’s got to do so with respect to the law rule book,” said O’Flaherty.

“That’s also what the Ukrainians want us to do,” said Migration Commissioner Magnus Brunner.