No temporary protection if you have military obligations in Ukraine
Share on social media:
Starting 5 August 2026, a new rule will apply to Ukrainians subject to military service. Find out when you are or are not eligible for temporary protection.
What is the new rule?
From 5 August 2026, you will only be granted temporary protection if you:
Have completed your military service in Ukraine.
Are exempt from your military obligations.
This new rule is called the 'scopebeperking' (scope limitation). In this article, we explain how the
To whom does this rule not apply?
The new rule does not apply in these 3 situations:
Were you registered in the
of your municipality before 5 August 2026? Or did the municipality submit a request before 5 August? If so, the new rule does not apply to you. Are you a family member of someone in the Netherlands who has
? If so, you may be eligible for temporary protection. This is possible even if you have military obligations under Ukrainian law. The IND reviews each situation on a case-by-case basis. Would you like to know more about this exception? Then read the article about it on RefugeeHelp. Do you already have temporary protection? If so, you will keep it. The IND will not review your situation again.
To whom does the new rule apply?
This rule applies to all Ukrainians who registered with a municipality on or after 5 August 2026, and applied for temporary protection. The municipality will determine whether you can be registered in the BRP. It will also verify whether you have completed your military service. If the municipality has any doubts, it will seek advice from the IND.
The municipality cannot decide on its own whether you are entitled to temporary protection. Only the IND has the authority to make that decision.
When are you obliged to complete military service?
The IND is reviewing the rules currently in effect in Ukraine. According to these rules, the following men have military obligations:
Men between the ages of 25 and 60 who are subject to military service.
Men aged 23 and 24 who are on the reserve list.
Are you between the ages of 23 and 60? If so, the IND will check whether you:
Have fulfilled your military obligations.
Are exempt from these obligations.
The IND checks your age when you have an appointment at an IND office
The IND will consider your age when it reviews your situation at the IND service center in Utrecht. For example, are you 22 years old when you apply for temporary protection? And will you have turned 23 before your appointment with the IND? If so, you must prove that you have completed your military service. Alternatively, you can prove that you are exempt from it.
Do you have military obligations for any other reason?
It is also possible that you have military obligations for another reason. For example, you may have enlisted voluntarily. In that case, the IND will only investigate if there are indications that you have military obligations.
How do you prove that you have fulfilled your military obligations?
You must be able to demonstrate to the IND that you:
Have completed your military service.
That you are exempt from these obligations.
There are several ways to demonstrate this.
With an exit stamp in your passport
You can use a
With an official document
Do you not have an exit stamp? Or is your exit stamp more than 90 days old? In that case, you can use an official document. This document must show that you have fulfilled your military obligations. You can also use it to prove that you are exempt. Examples of official documents include:
A certificate from the Ukrainian Reserv+ app.
A military registration certificate or military ID card.
A decision regarding an exemption or deferral.
A
.
The document must include at least the following information:
Your personal details.
Your status, such as whether you are exempt or have fulfilled your obligations.
The period during which the document is valid.
The IND does not accept screenshots or photos of documents.
The decision of the IND
The IND has denied your application
If the IND decides that you are not entitled to temporary protection, you will be notified immediately. You will receive a rejection notice. This notice states that the IND has rejected your application. The municipality will not register you in the BRP, and you must leave the Netherlands. The notice explains what steps you can take and where you can go next.
Keep the rejection notice in a safe place. If you apply for asylum in Ter Apel later on, you will need this document.
The IND approves your application for temporary protection
If the IND approves your application for temporary protection, you will not receive a letter from the IND. The municipality will register you in the BRP. This will be done by the municipality where you registered.
Make sure you are well prepared
During your appointment at the IND office, the IND will review your documents. If the IND cannot verify from your documents that you have fulfilled your military obligations, or if the IND cannot verify that you have been exempted, it will deny your application for temporary protection. It is therefore important that you prepare thoroughly for your appointment with the IND.
Gather all the documents you need in advance. Are your documents only in Ukrainian? If so, you will need to have them translated.
Can you appeal a rejection?
Has the IND rejected your application for temporary protection? And are you unable to prove that you have fulfilled your military obligations or have been exempted from them? If so, you can
The IND keeps copies of the documents you have submitted. If you receive new information or documents later, they can be used during the objection or
What is a preliminary injunction?
Your lawyer must also file a motion for a preliminary injunction with the court. With this motion, you ask the court whether you may remain at the reception centre while you await the decision on your appeal. The court will rule on this motion.
Can you go to court?
If the IND rejects your objection, you can file an appeal with the court. You will need the assistance of a lawyer to do so.
How much does a lawyer cost?
You pay a copayment for legal assistance from a lawyer. The amount of this copayment depends on your income.
Would you like to learn more or get personalised advice?
Has the IND rejected your application for temporary protection? And do you want to know what you can do?