The European Union has adopted a new Implementing Decision extending the temporary protection regime for displaced persons from Ukraine until March 4, 2028.
The measure, published in the Official Journal of the European Union, ensures the continued protection of millions of Ukrainian nationals currently residing across the Member States under this exceptional mechanism. However, the Decision’s most significant development is not the extension itself, but the introduction of a new requirement that may affect certain future applications.
⏺️ Temporary protection will remain in force until March 2028
The European Union activated temporary protection in March 2022, following Russia’s invasion of Ukraine, to provide a swift and coordinated response to the large-scale displacement of people fleeing the conflict.
Under this regime, beneficiaries are entitled to reside legally in a Member State, access the labor market, healthcare, education, and other essential rights without the need to submit an individual application for international protection.
With this new Decision, the European Union confirms that the temporary protection regime will remain in force until March 4, 2028. Below, you can find the full text of the EU Implementing Decision published in the Official Journal of the European Union.
⏺️ The key development: a new requirement related to military obligations
In addition to extending temporary protection, the Decision introduces an important change for certain individuals applying for temporary protection from July 31, 2026.
Specifically, the new rules provide that, where applicable, temporary protection may only be granted to applicants who can demonstrate that they have fulfilled their military obligations in Ukraine.
The Decision also states that Member States may require supporting documentation to verify compliance and refers, among other examples, to official documents issued by the Ukrainian authorities or evidence demonstrating a lawful departure from Ukraine where sufficient.
This is an entirely new requirement that did not exist under previous extensions of the temporary protection regime.
⏺️ Who is affected by this new requirement?
The Decision expressly clarifies that this requirement does not apply to all beneficiaries.
In particular, it does not affect individuals who were already benefiting from temporary protection before July 30, 2026, and have maintained that status without interruption.
As a result, the new requirement is primarily intended to apply to certain new applications submitted after the measure entered into force.
Although the Decision introduces this new requirement, it remains to be seen how Member States will implement it in practice. Among the issues that will likely require further clarification are:
- The documents that will be considered sufficient to demonstrate compliance with military obligations.
- The circumstances in which this requirement will apply.
- The administrative criteria that each Member State will adopt when assessing applications.
⏺️ How ARC Legal can help
At ARC Legal, we advise individuals, families, and businesses on Spanish immigration, international mobility, and nationality matters.
If you have questions about temporary protection, residence permits, or any other Spanish immigration procedure, our team can assess your circumstances and help you identify the most appropriate legal strategy for your case.
Related articles
- The European Commission proposes extending temporary protection for displaced persons from Ukraine until 2028.
- More than 4.3 million Ukrainians remained under temporary protection in the European Union at the end of 2025.
- Spain automatically extends temporary protection cards for displaced persons from Ukraine until March 2027.
¿Prefiere leer este artículo en español 🇪🇸? Puede encontrarlo aquí: La Unión Europea prorroga la protección temporal para las personas desplazadas de Ucrania hasta 2028 | Oficial
The content of this article is provided for informational purposes only and does not constitute legal advice. Spanish immigration law is subject to frequent legislative, administrative, and interpretative changes. While ARC Legal makes every effort to ensure that the information provided is accurate and up to date, we recommend seeking advice from a qualified immigration lawyer before initiating any legal procedure or making decisions based on this information. If you require legal advice tailored to your specific circumstances, please contact our team.