How to Obtain Temporary Protection in the EU Under the New Rules: A Step-by-Step Guide from a Lawyer

She made these remarks in a comment to “Shelter” for the article “Rejections and ‘Reserve+’ for Women: What Problems Are Ukrainians Facing Due to the EU’s New Requirements for Obtaining Protection.”

Anishchenko emphasized that all EU member states must comply with the new rules for granting temporary protection, while taking into account the laws in effect in each individual country. The main condition for obtaining this status is to confirm the legality of one’s departure from Ukraine.

This can be done in two ways. The first and simplest is a border crossing stamp in a foreign passport. The second (if there is no stamp) is an official document confirming the fulfillment of or exemption from military service in the “Reserve+” app. The new EU requirements apply to both men and women over the age of 18.

A lawyer confirmed that Ukrainians are facing a number of problems in obtaining temporary protection. Online, Ukrainians are complaining that their applications are being denied if their “Reserve+” status is listed as “not registered,” since officials require the status to be marked as “deregistered.”

According to the lawyer, this issue remains unresolved due to the lack of a uniform practice and numerous inconsistencies at the outset of the new rules’ implementation.

She also explained that refugees who left earlier and have already obtained legal status in a specific country are safe until March 2028. However, if they change their country of residence, the updated requirements will apply to Ukrainians.

This means they will have to resubmit proof of legal border crossing, as well as a military registration document indicating the status on which their departure was based (for men)—whether it was a deferment, education, or disability.

If, for example, a man was registered for military service but did not return to Ukraine after leaving, he will most likely be denied a new status when attempting to change his country of residence.

Anishchenko noted that in such a case, the citizen will have to either return to Ukraine, apply for regular refugee status, or remain in the country illegally. The latter carries the risk of deportation.

For those currently planning to travel to the EU and apply for temporary protection, the attorney provided a clear step-by-step guide.

First and foremost, men must ensure their military registration documents are in order: they must have confirmation of exemption from military service due to health reasons or a properly processed deferment.

Anishchenko also advised checking your passport to ensure it does not expire within the next year, as it is currently difficult to renew it abroad. Upon arrival in your chosen country, be sure to register with the consulate.

As a reminder, on July 30, the EU extended the temporary protection regime for Ukrainians until March 4, 2028. At the same time, a new requirement was introduced for newly arrived Ukrainian citizens subject to military service to provide proof of having fulfilled their military obligations.