New Temporary Protection Rules for Ukrainian Men in the EU

For Ukrainian men applying for temporary protection in EU countries for the first time, the procedure may involve additional verification of the circumstances under which they left Ukraine and whether they have complied with their military obligations.

In her comments to Telegraf, Anastasiia Kapustynska, Attorney at ETERNIX Law Firm, explained what Ukrainian men aged 23–60 should take into account and whether the status “liable for military service” in the Reserve+ app can, by itself, constitute grounds for refusing temporary protection.

The key point is that a person’s current status in Reserve+ is not decisive. What matters primarily is whether the person’s departure from Ukraine was lawful and what circumstances existed at the time they crossed the state border.

For example, if a man lawfully left Ukraine in 2024 on the basis of a valid deferment from mobilization at that time, the fact that the deferment expired or was terminated in 2026 does not, in itself, make the previous border crossing unlawful.

Therefore, when applying for temporary protection, it is advisable to have documents confirming the circumstances of departure, including a passport containing the relevant border-crossing stamp, official records of crossing the state border, a military registration document, and documents confirming the legal grounds for leaving Ukraine on the relevant date.

It is also important to remember that a refusal to grant temporary protection does not mean that all legal remedies have been exhausted. The right to an effective remedy is guaranteed by Article 47 of the Charter of Fundamental Rights of the European Union, while the specific grounds for any refusal must be assessed on an individual basis.

For more information on the new rules, the documents that should be prepared, and the available options for challenging a refusal, read the full Telegraf article at the link.