Russia’s invasion of Ukraine in February 2022 resulted in a large-scale displacement of Ukrainian nationals, the vast majority fleeing to EU member states. In response, the EU activated its previously adopted Temporary Protection mechanism in March 2022, which is activated in exceptional circumstances to provide collective protection to displaced persons, without the need to go through individual asylum procedures.
Since its activation, the mechanism has been extended several times. Last year in July the Council adopted a Council Implementing Decision extending the Temporary Protection until March 4, 2027, followed by a Recommendation on a coordinated transition out of the Temporary Protection, encouraging Member States to begin preparing for an orderly phase-out of the framework and to put in place pathways either to alternative legal statuses or to voluntary return, once conditions allow (see also our most recent news alert on the topic from February 2026). Since then, various Member States have announced their transition plans.
What’s New?
Regardless of these ongoing national preparations, on July 15, 2026, the EU Member States agreed to yet another extension of the Temporary Protection until March 4, 2028, with formal adoption of the decision expected to follow in the coming weeks.
In recognition of the ongoing need for Ukraine to defend itself, this newest extension comes with a new explicit condition that any new applicants for the status from March 2027 will need to prove that they are complying with their military obligations in Ukraine. Proof could for example consist of an exit stamp provided by the Ukrainian authorities, or another paper or electronic document confirming that they are either exempt from or are complying with their military duties. This new requirement effectively excludes most men aged 23 to 60 from the extension of the scheme.
Newland Chase Insights
Although all Member States have agreed on the extension of the Temporary Protection until March 4, 2028, this decision will only become formal once it has been published in the EU Official Journal. Furthermore, in some countries a national approval process may still need to be followed before it goes into effect nationally.
While this additional extension of the Temporary Protection status provides short-term certainty for displaced Ukrainians, employers should use this additional year to actively progress transition planning, particularly in Member States where national pathways are already available, since another extension of the Temporary Protection is highly uncertain.
Newland Chase will keep monitoring developments closely and provide updates as new guidance and procedures emerge.
This alert is intended for informational purposes only and does not constitute legal advice. Please contact Newland Chase directly for case-specific guidance.
