Temporary protection in the EU until 2028

An official analysis of Council Implementing Decision (EU) 2026/1912

The Council of the European Union has officially adopted Implementing Decision (EU) 2026/1912 of 30 July 2026, extending temporary protection for Ukrainians until 4 March 2028. This document sets new rules for granting the status to first-time applicants, linking it to the fulfilment of military service obligations and to lawful departure from Ukraine, and firmly puts a stop to repeat registrations within the EU.

Timeline of adoption and periods of validity

The act entered into force the day after its publication in the Official Journal of the EU — on 5 August 2026. At the same time, the document sets out a separate schedule for the application of its key provisions:

• 31 July 2026 — Article 2 takes effect (the requirement to confirm military registration and lawful departure).
• 5 March 2027 – 4 March 2028 — the period covered by the next annual extension of temporary protection status.

Mandatory verification of military registration (Article 2)

The key innovation of the decision is Article 2, under which temporary protection is granted only to those persons who have proved to the migration authorities of an EU Member State that they have fulfilled their military service obligations in Ukraine.

• The EU’s reasoning: The European Union takes into account Ukraine’s rapidly changing defence needs and its legislation on conscription. Granting protection in the EU must not adversely affect Ukraine’s ability to organise and staff its defence forces.
• Burden of proof: The obligation to provide the necessary supporting documents rests entirely with the applicant.
• A broad category of persons: The decision stresses that Ukrainian citizens who are not subject to mobilisation by reason of age or sex may still have military service obligations on other legal grounds.
• Legal status of desertion: The document separately recalls that, under international standards, draft evasion and desertion are not in themselves grounds for granting refugee status.

Documents confirming entitlement to temporary protection

In order to keep the procedure simple and quick with a minimum of bureaucratic formalities, EU Member States accept the following evidence:

Guarantees for previously registered persons

The requirement under Article 2 to present documents on military registration does NOT apply to citizens who enjoyed temporary protection status in a particular EU country up to and including 30 July 2026 and continue to hold it without interruption after that date. For them, cards are renewed under the standard procedure.

The “one State” principle and the ban on repeat registration

The decision legally enshrines the principle that temporary protection rights may be enjoyed in only one EU country at a time:

• Refusal of repeat registration: EU countries are required to reject applications for a residence permit under temporary protection if the person has already obtained temporary protection in another Member State of the bloc (in line with the EU Court of Justice ruling in case C-753/23).
• Single register (IT Platform): National migration services are required to promptly transfer data on statuses granted and revoked to the single EU platform.
• Preparing for the transition: In line with the Council of the EU Recommendations of 16 September 2025, Member States encourage Ukrainians to move to standard residence permits (for work, business or study) or facilitate voluntary return.

— This document has been compiled on the basis of official materials from the Official Journal of the EU (EUR-Lex: Council Implementing Decision (EU) 2026/1912) —