This autumn, a Ukrainian man arriving in Germany may be required to provide prior-approval to flee from Putin’s war. He may also have to show that Ukraine permitted him to leave. When Russia invaded in 2022, the European Union activated temporary protections without requiring individual asylum decisions for mass displacement, designed to shelter people displaced by war. This new system the EU introduced now requires compliance of Ukrainian military obligations as a condition of temporary protection for certain newcomers. The Council’s decision states that protection “shall only be granted to those who satisfy their military obligations in Ukraine.” Two Ukrainians fleeing the same war could now face different requirements depending on when they arrived.
In September, after the EU extended temporary protection until March 2028, Germany clarified the requirement. By August 4th, Ukrainians who previously held and continuously maintained protection within the same member state generally retained it as the new condition took effect on August 5th; however, those arriving later must prove their satisfied military requirements or qualified exemption. The cutoff allows those already protected to remain without having to prove compliance. New arrivals, however, must provide evidence that earlier applicants were never asked to produce.
While Germany processes these applications under Section 24 of its Residence Act, a Ukrainian government-approved exit stamp may help establish compliance. For some applicants, obtaining protection may now depend on whether Ukrainian authorities will provide the documents Germany requires. That does not mean every asylum seeker must go through a process where document verification is equivalent to an asylum hearing. Whether this restriction would actually help Ukraine recruit more soldiers remains unclear.
Their argument is that the 2022 arrangement should not disable Ukraine’s ability to maintain readiness, which has been consistently difficult since the inception of the war. Military recruitment remains difficult and many Ukrainian men face restrictions on departure. This new arrangement seeks to ease that difficulty. As the European Parliamentary Research Service explains, “This aims to reconcile temporary protection with Ukraine’s defence needs.” It fails to establish how many additional soldiers Ukraine would gain. Contesting its legal basis, the Council has exceeded its authority under the Temporary Protection Directive, argues International-law scholar Meltem Ineli Ciger. Noncompliance with Ukrainian military obligations does not appear within Articles 4 and 5, governing extensions, or Article 28, governing excluded individuals. It is her opinion that the Council cannot add such a condition through an extension decision. Her assessment states, “This statutory concern remains unresolved in the adopted text.” The council might be limiting an eligible group rather than adding a new exclusion, argues Steve Peers, an EU-law professor. Identifying who falls within a protected category is legally different from excluding someone who already qualified. Additionally, the directive does not clearly settle how far the council may revise those categories. The distinction is made on supporting Ukraine’s defense in an equal way. Ukrainian conscription rules disproportionately affect men, which serves as an argument against this system as it furthers unequal treatment under European fundamental-rights law. Although refusing military service does not automatically qualify someone for refugee status. A newcomer seeking to join protected family members could face a condition those relatives never encountered, despite the directive’s family-unity safeguards.
Germany will determine how much these legal distinctions affect the people applying for protection. Officials must assess the documents provided to establish military compliance or exemption; however, those who cannot meet the new requirement can still pursue asylum. Applicants must fulfill the applicable legal standards, meaning spending considerably more time waiting without any guarantee of protection. There is concern about the question of whether Ukrainians who lack military records would obtain documentation from their government in a reasonable amount of time.
At the end of July, approximately 4.43 million people were granted temporary protection from the European Union, including around 1.29 million in Germany. Most of those already protected will remain unaffected by the new requirement; however, there is no indication of how many future applicants may be denied protection or even if the restriction would contribute to Ukraine’s military recruitment. A Ukrainian arriving today may have to satisfy military requirements that someone who arrived only months earlier never faced. There is no evidence establishing how many additional soldiers, if any, Ukraine would gain as a result of Germany changing who must provide that proof.
