New German Rules Strip Temporary Protection from Certain Ukrainian Men of Military Age

Germany has implemented a new EU Council decision denying temporary protection to Ukrainian men aged 23 to 60 who lack proof of military service exemption or legal departure.

New Restrictions in Germany

The position of the German ministry means that Ukrainian men aged 23 to 60, fleeing Russia’s war against Ukraine and not released from military service in Ukraine, can no longer receive temporary protection in Germany.

This restriction applies to men who arrived in Germany after July 31 of this year. As the Ministry of the Interior points out, the relevant provision of the EU Council decision entered into force on that day. According to it, temporary protection is granted exclusively to those who “performed military service in Ukraine.” To confirm this, Ukrainians must present proof of legal departure from Ukraine or exemption from military service obligations.

Germany: Ukrainians staying illegally may be deported

The new rules do not apply to Ukrainian men aged 23 to 60 who were already staying in Germany by July 31 of this year and hold temporary protection under Article 24 of the Migration Act. Temporary protection for them, like for all other Ukrainian refugees in Germany, according to the EU Council decision, is automatically extended until March 2028.

Draft-age Ukrainian men who have no basis for temporary protection and want to remain in Germany can apply for asylum in the country. The Federal Office for Migration and Refugees (BAMF) will examine the application individually. The German Ministry of the Interior notes that “military service in Ukraine in itself does not constitute a basis for protection under asylum law.”

Responding to a question about the possibility of deporting Ukrainian men aged 23 to 60 who cannot prove they are exempt from military service and left their homeland illegally, the Ministry of the Interior stated: “Ukrainian citizens staying illegally in Germany may be deported if general legal grounds for expelling foreigners exist in their case.”

Temporary Protection for Ukrainians in Poland

In August, the EU Council implementing decision on extending temporary protection to displaced persons from the territory of Ukraine for one year—until March 4, 2028—entered into force. Temporary protection is now granted only to persons who have fulfilled their military obligations in Ukraine. The new provision will not apply to Ukrainians who are already covered by temporary protection in the EU.

According to data from the Polish Ministry of Digital Affairs, over 950,000 Ukrainian citizens have the UKR status granted in the PESEL register, which is equivalent to benefiting from temporary protection in Poland. This year, the UKR status was granted to 47,000 people, including children of Ukrainians born in Poland.

New rules of protection for Ukrainian citizens have been in force in Poland since March. They must submit an application for a Ukrainian PESEL within 30 days of entering Poland; otherwise, they may lose the right to protection. Persons who obtained PESEL without presenting documents must update them by the end of August. These regulations were introduced as part of work on implementing the extension of EU protection until 2027.