Although Ukraine has enforced mandatory military service, certain draft-eligible Ukrainian men have crossed the border unlawfully and subsequently obtained temporary protection within EU nations.
The European Commission has put forward a proposal to exclude military-age Ukrainian men from the EU’s temporary protection program, while simultaneously extending this scheme until March 2028, aiming to support Kyiv’s military forces.
ADVERTISEMENT 
ADVERTISEMENT
This initiative follows demands from various EU member countries to tighten the rules governing temporary protection, highlighting challenges related to integration and Ukraine’s requirement for more military staff. Kyiv also supports this, as under martial law, men aged 23 and above are generally prohibited from leaving Ukraine.
“Our proposal reflects the changing defense priorities of Ukraine,” stated EU Home Affairs Commissioner Magnus Brunner.
According to the new regulation, temporary protection will not be granted to “persons unable to legally exit Ukraine due to their military duties.”
Practically, this excludes all men between 23 and 60 years old. Ukrainian legislation exempts individuals with disabilities, those unfit for military service, fathers with three or more children under 18, and people who are full-time caregivers for ill family members.
Despite the martial law restrictions, some men within military age from Ukraine have crossed borders illegally and obtained temporary protection in EU countries in recent years.
Adult males make up 26.6 percent of Ukrainian refugees in Europe; however, data detailing how many are of military age or arrived irregularly is not available. Frontex reports that nearly 1,000 individuals crossed into the EU illegally from Ukraine this year, with over 10,000 crossing in 2025.
Launched after Russia’s extensive invasion in 2022, the temporary protection program has enabled more than four million Ukrainians to reside and work in EU member states.
This exceptional arrangement, renewed annually, allows Ukrainians to receive protection comparable to refugee status without submitting an asylum application. On Friday, the European Commission suggested extending the scheme until March 2028.
EU officials confirm that those already granted this protection will maintain their status regardless of age.
To come into effect, the proposal requires approval from EU member states by qualified majority: at least 15 of 27 countries representing at least 65% of the EU population must agree.
On Thursday, the Danish government proposed a similar restriction. Ukrainian men aged 23 to 60 will only be issued residence permits if they provide proof of exemption from military service. Although Denmark opted out of the EU temporary protection scheme through a migration policy opt-out, it has implemented a comparable system following the full-scale invasion.
Additionally, on Friday, the Commission introduced a voluntary return program aimed at assisting Ukrainians in Europe who decide to go back to their home country.