EU ambassadors agreed on Wednesday to extend temporary protection for Ukrainians fleeing the war until 4 March 2028, but from March 2027, men aged 23 to 60 will be excluded from the scheme. This decision, which demands proof of fulfilled military obligations in Ukraine, starkly reveals the selective and instrumental nature of Europe's border regime.
The move, explicitly aimed at strengthening Kyiv’s armed forces, directly links humanitarian protection to military objectives. It marks a significant shift from the initial, largely unconditional welcome offered to Ukrainians, exposing the conditional solidarity of Fortress Europe.
To obtain refugee-like status in the EU under the new rules, Ukrainians will have to prove they left the country legally. This requires presenting a passport bearing an exit stamp or a document confirming exemption from military service.
Ukraine’s martial law already prevents most men aged 23 and over from leaving the country, as they are subject to military service obligations. This bureaucratic hurdle mirrors the often impossible demands placed on asylum seekers from the Global South, who frequently flee without documentation and face immediate criminalisation at EU borders.
Militarising Asylum
The EU's decision follows direct requests from the Ukrainian government, effectively turning Europe's asylum system into an extension of national military policy. This instrumentalisation of protection undermines the principle of asylum as a universal human right, transforming it into a tool for state interests.
Exemptions from military service obligations exist for people with disabilities deemed unfit for service, fathers of three or more children under 18, and individuals providing full-time care to sick relatives. However, the default position for military-age men becomes one of exclusion, based on age and gender.
People already benefiting from temporary protection in the EU will not be affected by these changes. This creates a two-tiered system, where past beneficiaries retain rights that new arrivals of the same demographic will be denied.
Fortress Europe's Selective Welcome
Frontex data shows that almost 1,000 people illegally crossed Ukraine’s border into the EU this year, with more than 10,000 doing so in 2025. These figures highlight the ongoing human movement and the lengths people go to navigate the increasingly restrictive border regime.
Adult men account for 26.6 percent of Ukrainian refugees in Europe. However, no data are available showing what proportion of them are of military age or arrived irregularly, obscuring the full picture of those impacted by these new restrictions.
The temporary protection scheme was established after Russia’s full-scale invasion in 2022, now in its fifth year of the conflict. It allowed Ukrainians to live in EU countries without having to apply for asylum, granting rights to reside, work, receive medical assistance, and access education.
As of 31 May 2026, about 1 month and 2 weeks ago, 4.38 million people who fled Ukraine were under temporary protection. The new restrictions signal a hardening of the EU's stance, even towards those fleeing a European conflict.
Denmark, which secured an opt-out from EU migration policy, does not participate in the scheme but has established an analogous system. This demonstrates how national governments can carve out their own approaches within the broader framework of European border enforcement.