Despite Ukraine's imposition of compulsory military service, some draft-age Ukrainian men have crossed the border illegally and subsequently received temporary protection in EU countries.
The European Commission proposed excluding military-age Ukrainian men from the EU's temporary protection scheme while extending the program until March 2028, in a move intended to bolster Kyiv's armed forces.
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The measure followed pressure from several EU member states to tighten temporary protection rules, citing integration challenges and Ukraine's need for additional military personnel. It was also backed by Kyiv, which, under martial law, bars most men aged 23 and older from leaving the country.
"Our proposal takes into account Ukraine's evolving defence needs," EU Home Affairs Commissioner Magnus Brunner said.
According to the new measure, the temporary protection should not be granted to "persons who cannot legally leave Ukraine due to their military obligations".
In practice, this means the exclusion of all men aged 23 to 60. Ukrainian law exempts people with disabilities, those deemed unfit for military service, fathers of three or more children under 18, and individuals providing full-time care for sick relatives.
Despite martial law, some draft-age Ukrainian men have crossed the country's borders illegally and obtained temporary protection in EU countries in recent years.
Adult men account for 26.6 percent of Ukrainian refugees in Europe, though no figures are available on how many are of military age or how many arrived irregularly. Frontex’s data show that almost 1,000 people have illegally crossed the Ukrainian border into the EU this year, and over 10,000 have done so in 2025.
Established after Russia's full-scale invasion in 2022, the temporary protection scheme has allowed more than four million Ukrainians to live and work in EU member states.
Under this exceptional measure, which is renewed annually, Ukrainians can obtain refugee-like protection without applying for asylum. On Friday, the European Commission proposed to extend the program until March 2028.
Individuals who have been granted the protection so far will not be stripped of their status, regardless of their age, according to EU officials.
The proposal has to be approved by EU countries by qualified majority, with at least 15 out of 27 states, representing at least 65% of the total EU population in favour.
On Thursday, the Danish government had proposed a similar restriction. Ukrainian men aged 23 to 60 will only be granted a residence permit in the country if they can document that they are exempt from military service. Denmark is not part of the EU temporary protection scheme having secured an opt-out on migration policy, but has nonetheless set up an analogous system after the full-scale invasion.
On Friday, the Commission also proposed a voluntary return programme to support Ukrainians living in Europe who choose to return to their country.