Groups covered by Decision 2022/382
Council Implementing Decision 2022/382 sets the core groups eligible for EU temporary protection after Russia’s full-scale invasion began on 24 February 2022. Eligibility depends on a person’s connection to Ukraine before that date and the circumstances of their displacement. The covered groups include Ukrainian nationals, people protected in Ukraine, and qualifying family members. The decision provides a shared EU framework, while national authorities assess applications and the evidence presented.
Ukrainian nationals
Ukrainian nationals who resided in Ukraine before 24 February 2022 and were displaced on or after that date are covered. The residence condition concerns living in Ukraine before the invasion, not simply holding Ukrainian citizenship while living elsewhere. Displacement means that the person had to leave because of the conflict; a short visit to another country before the invasion does not, by itself, establish displacement.
For example, a Ukrainian citizen who lived in Kharkiv before 24 February 2022 and left for an EU country after the invasion began may meet this group’s conditions. A Ukrainian citizen who had already settled outside Ukraine before that date would not qualify under this category on citizenship alone. The relevant facts are the person’s residence in Ukraine before the date and their displacement on or after it.
Authorities may ask for a Ukrainian passport, national identity card, birth certificate, or another document confirming identity and citizenship. Evidence of residence may include a registered address, housing or utility records, employment or education records, or other dated documents connected to life in Ukraine. Travel documents, entry records, or other evidence of movement may help establish when the person left. These are examples of proof that may be requested, not a fixed checklist that applies identically in every country.
Keep available documents that show both your Ukrainian nationality and your residence before 24 February 2022. Ask the national authority handling your case which evidence it accepts if a document is missing or does not show the relevant dates.
Stateless persons and third-country nationals with protection in Ukraine
Stateless persons and nationals of other countries who had international protection or equivalent national protection in Ukraine before 24 February 2022 are covered. This category is based on protection granted in Ukraine before the invasion, rather than simply being a non-Ukrainian national who happened to be present there. A person with refugee status or another form of protection recognised by Ukraine may therefore qualify if they were displaced from Ukraine on or after that date.
For example, a person who fled Syria, received international protection in Ukraine before 24 February 2022, and then had to leave Ukraine after the invasion may fall within this group. Documents that may help establish eligibility include a refugee certificate, a protection decision or certificate issued by Ukrainian authorities, identity papers, and records confirming residence in Ukraine. If the protection document is unavailable, other official records may help explain the person’s status and circumstances. The national authority decides which evidence is sufficient for an individual application.
A separate rule applies to people who held a valid permanent residence permit in Ukraine and cannot return safely: they must receive temporary protection or adequate protection under national law. A permanent permit is not the same as international or equivalent national protection, so the applicable route depends on the person’s documents and circumstances. A temporary work, study, or visitor permit alone does not establish eligibility under the protection category described above.
Present any Ukrainian protection decision or valid permanent residence permit, together with evidence of identity and residence. Check with the national authority which protection route applies to your case.
Family members
Family members covered are a spouse or unmarried partner in a stable relationship, minor unmarried children, and other close relatives who lived together as part of the family unit and were dependent. The family connection must relate to a person covered by the decision. For close relatives, shared family life and dependence are relevant; a relative’s family title alone may not show that these conditions are met.
Examples include a spouse who left Ukraine with a Ukrainian national, an unmarried partner in a stable relationship, or a dependent parent who lived in the same household. Documents can help establish both the relationship and the family’s shared circumstances:
- A marriage certificate may show a spouse relationship; identity documents can link the certificate to the applicant and the covered family member.
- Evidence of a stable unmarried partnership may include shared residence records, joint financial documents, or other records showing an established relationship before displacement.
- A child’s birth certificate can establish parentage, while a passport or identity document may confirm the child’s age and identity.
- For a dependent close relative, household registration, shared address records, and evidence of financial or practical dependence may support the family-unit claim.
Provide the available records that show the relationship, shared household, and dependence where relevant. Ask the national authority what alternative evidence it accepts if formal documents are missing.
Summary of covered groups
The table compares the three principal groups under Decision 2022/382 and examples of evidence that may be requested.
| Group | Eligibility condition | Example | Proof typically requested |
|---|---|---|---|
| Ukrainian nationals | Resided in Ukraine before 24 February 2022 and were displaced on or after that date. | A Ukrainian citizen who lived in Kharkiv and left after the invasion began. | Ukrainian passport or identity card; dated residence or travel records. |
| Stateless persons and nationals of other countries with protection in Ukraine | Held international protection or equivalent national protection in Ukraine before 24 February 2022. | A person with refugee status in Ukraine who left after the invasion began. | Ukrainian protection decision or certificate; identity and residence records. |
| Qualifying family members | Were a spouse or stable unmarried partner, minor unmarried child, or close dependent relative who lived with the family unit. | A dependent parent who shared a household with a covered person. | Marriage, birth, shared-address, or dependence records, as relevant. |
Evidence requirements can vary by case; check with the national authority which documents it accepts.
Extensions by national law
Council Implementing Decision (EU) 2022/382 establishes a common minimum for temporary protection, while allowing member states to cover additional people who were legally resident in Ukraine. This national discretion means that eligibility beyond the groups set out in the Decision can depend on the country where protection is sought. Possible extensions may concern people who were in Ukraine temporarily for study, work or another lawful purpose. The extra categories are not identical across the European Union. Checking the rules in the country where you plan to apply is essential.
Groups added by member states
Article 2(3) of Council Implementing Decision (EU) 2022/382 allows member states to extend temporary protection to further people displaced from Ukraine who were legally resident there and cannot return in safe and durable conditions. The groups below are examples of people a country may choose to include under national law; they are not automatic EU-wide entitlements.
- People who were in Ukraine for a lawful short stay may be included where national rules extend protection beyond the Decision’s minimum categories.
- International students attending a Ukrainian college or university could be covered under a national extension, depending on the country’s eligibility rules.
- Workers lawfully employed in Ukraine, including people on fixed-term contracts, may be considered if a member state has chosen to include them.
- Holders of temporary Ukrainian visas or residence permissions may fall within an extension, although the type and validity of the document can matter.
- Other people with lawful residence in Ukraine who are outside the minimum categories may qualify if national law expressly includes their circumstances.
For example, a person studying in Ukraine on a valid temporary residence permit might be considered under an extension, but that status alone does not guarantee eligibility in every country. A passport, visa or residence permit can help show lawful stay; dated university records, an employment contract or other residence evidence may also be relevant. Each authority determines which documents it accepts and whether the person meets the national conditions. An extension may provide temporary protection status, but the scope and application process are set nationally.
Why practice differs by country
The Decision sets a shared minimum, but it leaves each member state discretion to extend protection to additional legally resident people. As a result, there is no single EU-wide list of extra groups: one country may include a category that another does not. It is not true that every EU country applies the same additional rules. National differences can reflect domestic law, existing residence and protection arrangements, and how authorities define the conditions for an extension. Countries may also assess evidence and applications through different administrative procedures. For example, the documents used to establish a person’s lawful residence in Ukraine, or the way an authority considers whether return is safe and durable, may vary. These decisions form part of the national implementation of EU migration policy, rather than a uniform extension adopted across the Union. The practical result is that a person’s eligibility for an added category depends on the country where they seek protection, not only on their former status in Ukraine. Check the current requirements with the relevant national authority, and ask it which evidence applies to your circumstances.
Military obligations condition from 2026
The 2026 change introduces a military-obligations condition into decisions to grant temporary protection. Its effect depends in part on whether a person is seeking a new grant or already holds protection in an EU member state. The relevant references are the Council press release of 15 July 2026 and Council Implementing Decision (EU) 2026/1912 of 30 July 2026. The distinction between new grants and existing status is central to understanding how the condition applies.
What changed
The Council’s 15 July 2026 press release and Council Implementing Decision (EU) 2026/1912, dated 30 July 2026, set out a new condition for grants of EU temporary protection. From August 2026, temporary protection is granted only to people who satisfy their military obligations in Ukraine. Proof must be provided where applicable. The condition concerns the grant of protection; it should not be read as an automatic cancellation of status already held in a member state.
| Period or reference | Rule described | Practical distinction |
|---|---|---|
| Before August 2026 | The new military-obligations condition had not yet begun to apply to grants. | The change is prospective from August 2026, rather than a description of the earlier grant rule. |
| From August 2026 | A grant is limited to people who satisfy their military obligations in Ukraine; proof is required where applicable. | Applicants for a new grant must meet the condition under the applicable rules. |
| Council references in 2026 | Press release dated 15 July 2026; Council Implementing Decision (EU) 2026/1912 dated 30 July 2026. | These are the cited references for the announced change and the implementing decision. |
The wording establishes the eligibility condition and its start in August 2026, but does not itself specify one universal document that every applicant must present. Whether proof is required, and what evidence is accepted where it is required, must be assessed under the rules applicable to the individual case. The condition should therefore be distinguished from a blanket rule that every person must provide the same document.
Who is not affected
People who already hold temporary protection in an EU member state keep that protection without interruption when the new condition begins in August 2026. The change described in the 2026 Council references applies to the granting of protection; it does not interrupt an existing grant simply because the holder is already protected.
This does not settle every question about military obligations, exemptions, or evidence. Those specifics depend on the relevant national and Ukrainian law, and may differ according to the individual circumstances and the authority handling the matter. The stated continuation of existing protection should not be treated as a decision on a separate application or on any other status.
If you already hold protection, or are applying for a new grant, check with the responsible national authority about how the August 2026 condition applies to your case and what proof, if any, it requires.
National authority decisions and individual cases
EU temporary protection is set within a European framework, but individual applications are handled by national authorities. The rules and administrative steps used to apply that framework can differ between countries. A general explanation cannot establish the result for a particular person or replace a decision by the responsible authority. The points below clarify where individual decisions are made and where to seek information about a personal case.
General information only
This information is general and is not individual legal advice. It describes the broad role of national authorities in applying EU temporary protection, but it cannot determine whether a particular person will receive temporary protection status. Each case is assessed by the immigration authority or other public body responsible in the country where the person applies.
EU rules provide a shared framework, while national rules and administrative procedures can differ. For example, countries may use different registration arrangements, forms, appointment systems, document requirements, or ways to communicate a decision. The authority in the relevant country can explain which process applies there. A procedure used in one member state should not be assumed to apply in another.
An individual decision may depend on the information and documents considered by the responsible authority. A general description cannot confirm how an official will assess a particular record, resolve a question about an application, or interpret national procedure. Even where two people have similar circumstances, their cases may involve different documents or facts. Only the authority handling the case can assess those details and state the outcome.
People seeking an update or clarification about their own application should contact the national authority responsible for immigration or temporary protection in the country concerned. This is especially important when a notice, document request, or decision is unclear, because the relevant steps and deadlines are set through national procedures. General information about EU migration policy cannot replace instructions issued for an individual case. For guidance that applies to your situation, consult the national authority responsible in the country where you are applying or registered.