Temporary protection for Ukrainian nationals extended until 2028

The extension approved by the Council of the European Union, on the basis of the Commission’s proposal, allows the continuation of the protection measures for people who cannot safely return to their country because of the war. The extension until 2028 aims to avoid interruptions in protection and to allow those concerned to plan their stay in the Member States with greater certainty.

Alongside the confirmation of this measure, the European institutions have highlighted the need to also take Ukraine’s defence needs into account. For this reason, access to temporary protection for new applicants will be subject to verification that their position regarding military obligations in their country of origin is in order.

Compliance with military obligations for new applicants

The main new element therefore concerns people who will apply for temporary protection in the European Union for the first time. They will need to demonstrate that they have fulfilled the applicable military obligations or that they are lawfully exempt, in accordance with the relevant provisions.

The verification may be based on documents capable of proving the individual’s situation. Useful evidence may include a passport bearing stamps from the Ukrainian authorities relating to a lawful exit from the national territory, a certificate of exemption from military service, or other documentation certifying that the required obligations have been fulfilled.

The assessment of documentation therefore plays an important role in the procedure, as it allows the competent authorities to verify whether the applicant meets the conditions for access to the measure. Anyone intending to submit a new application should find out in advance which documents are required and how to demonstrate their position.

No new conditions for current beneficiaries

According to the European decision described, the requirement relating to military obligations does not apply to people who already benefit from temporary protection in a Member State. For current beneficiaries, the extension therefore allows them to continue under the protection scheme without having to meet this new condition introduced for new applicants.

The distinction between those already protected and those submitting a first application is essential to understanding the scope of the measure. The extension does not, in fact, introduce a general obligation for all Ukrainian nationals present in the Union, but establishes a specific criterion for future access to temporary protection.

Stay in Italy and prospects for Ukrainian nationals

For those living in Italy under temporary protection, it is important to distinguish this form of protection from the other procedures provided for by immigration law. The residence permit linked to temporary protection documents the beneficiary’s lawful status under the applicable conditions, but it is not automatically equivalent to a permanent residence permit.

Likewise, the extension of protection until 2028 does not in itself lead to the acquisition of Italian citizenship, nor does it automatically confer the right to obtain an Italian passport. Any access to a different residence permit or to a citizenship pathway depends on specific requirements and separate procedures, to be assessed on the basis of the individual’s personal situation.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.