The rules for temporary protection for Ukrainians have changed
What men subject to military service who are seeking refuge in Germany need to know
The laws governing the stay of Ukrainians in Germany continue to change. One of the most recent changes concerns individuals subject to military service in Ukraine who are applying for temporary protection in the EU for the first time.
The European Union has extended temporary protection for displaced persons from Ukraine through March 4, 2028. The decision was adopted on July 30, 2026, and published in the Official Journal of the EU on August 4, 2026. The decision is available on the EUR-Lex website.
What has changed as of August 5, 2026?
As of August 5, 2026, an additional condition applies to new applicants: temporary protection is granted to individuals who are performing their military duties in Ukraine and, if necessary, can provide relevant evidence.
In practice, this change may primarily affect men subject to military service who did not have temporary protection in the EU before the new rules took effect.
The German Federal Ministry of the Interior explains that proof may include:
🔹 a stamp in a foreign passport certifying lawful departure from Ukraine;
🔹 a valid document confirming exemption from military service;
🔹 a deferment document;
🔹 another official document confirming the fulfillment of military obligations or lawful grounds for departure.
A detailed explanation is available on the website of the German Federal Ministry of the Interior.
Who is exempt from the new requirement?
The restriction does not apply to individuals who, prior to or as of August 4, 2026, were already receiving temporary protection in a specific EU member state and have continuously maintained that status in the same member state since that date.
Therefore, if a person already had §24 status in Germany and has continuously maintained that status, the new requirement to confirm military obligations generally should not apply to the extension of such protection.
At the same time, the mere fact of being in the EU until August 5, 2026, may not be sufficient. What matters is whether temporary protection was granted and whether it has been maintained continuously. Moving from one EU country to another may also require a separate legal assessment.
What can happen if the documents are insufficient?
If a person cannot provide documents proving lawful departure from Ukraine, exemption, deferment, or fulfillment of military service obligations, the Ausländerbehörde may request additional evidence, extend the review, or deny a residence permit under §24 of the Aufenthaltsgesetz.
The absence of a single specific document does not always automatically mean a lack of entitlement to protection. The agency must assess the circumstances of the specific case and all evidence provided.
In certain cases, if a residence permit has not been issued but forced return is currently impossible, a person may be granted a Duldung.
It is important to understand: A Duldung is not a residence permit and does not constitute protection status. It is a document granting a temporary suspension of deportation. It typically provides a less stable legal status, and access to employment, social assistance, and other rights may be subject to additional conditions.
The issuance of a Duldung does not automatically mean that the decision regarding §24 was correct. However, it also does not confirm that the person is unconditionally entitled to §24. In such a situation, it is important to seek individual legal advice and verify whether the authorities correctly assessed the documents and the circumstances of the case.
What Should You Do?
✅ Keep your passport with stamps, tickets, border crossing confirmations, and other documents that verify the date and route of your departure.
✅ Prepare documents regarding deferment, exemption from military service, or other legal grounds for departure, if you have them.
✅ Make paper and electronic copies of all documents.
✅ Submit your explanation and documents to the Ausländerbehörde in a format that provides proof of receipt.
✅ If your §24 application is denied, request a written decision stating the legal grounds.
✅ Check the deadline and procedure for filing an appeal in the “Rechtsbehelfsbelehrung” section. The deadline may be limited.
✅ Do not apply for asylum or waive your right under §24 without prior consultation. The asylum procedure may have different conditions regarding housing, employment, and social assistance. Official information about residency options is available on the Germany4Ukraine portal.
📍 You can find organizations that provide advice on legal status in Germany here.
If your application under §24 was denied, you were issued a Duldung, or you were asked to confirm the legality of your departure from Ukraine, please bring the following to your consultation:
▪️ your passport and border crossing documents;
▪️ letters and decisions from the Ausländerbehörde;
▪️ your Duldung or Fiktionsbescheinigung;
▪️ proof of registration in Germany;
▪️ previous residence permits in Germany or another EU country;
▪️ documents regarding deferral, exemption, or other grounds for lawful departure.
The rules have become more complex, but each case must be considered individually. The absence of a single document does not necessarily mean that a person is not entitled to protection.