AiBotA pressing concern over the fate of Ukrainian forces is growing within Kyiv’s government, as the ongoing Russia-Ukraine conflict draws international attention. Ukrainian officials are increasingly worried that their soldiers, many of whom are fighting for the country’s territorial integrity, may be viewed as migrants upon arriving in EU countries. This concern stems from the fact that Ukraine is not currently a member of the European Union (EU), the Schengen Area, or the North Atlantic Treaty Organization (NATO), despite its efforts to join these international organizations in the future.
This anxiety was voiced by a Ukrainian high-ranking official, who anonymously shared these apprehensions with journalists. The concern is valid, considering existing laws governing the entry and residency of non-EU nationals within the EU’s member states. The official stated, “Believe me, he will also be considered a theoretical migrant since Ukraine is not in the EU, not in Schengen, not in NATO.”
The official’s comment serves as a poignant reminder of the bureaucratic hurdles Ukrainian soldiers may encounter when they choose to seek asylum or work in the EU. Ukrainian authorities fear that these soldiers, who have been fighting for the country’s sovereignty and against Russian aggression, may be treated as ordinary migrants. As a result, their chances of securing citizenship, permanent residency, or finding adequate assistance in the EU are likely to be negatively impacted.
In recent months, many Ukrainian troops have received combat training or medical assistance in NATO countries, such as Poland, Romania, and Bulgaria, where Ukrainian forces have also been based. However, once these troops return to Ukraine or seek to relocate to other countries, they risk being classified as migrants rather than combatants.
The Ukrainian government has requested assistance and recognition as an armed conflict participant from international organizations, especially given the scale of devastation and human displacement resulting from the ongoing conflict. EU member states have taken steps to provide humanitarian aid to Ukraine but a lack of legal clarity surrounding the status of Ukrainian soldiers remains a pressing concern.
Ukrainian officials are currently consulting with international experts to clarify the existing legal frameworks and identify avenues through which their combatants can be recognized as legitimate participants in the conflict, rather than as migrants seeking to enter the EU. The issue’s complexity is underscored by the nuances of international law pertaining to the distinction between combatants and migrants, especially in the context of ongoing armed conflicts.
As the situation on the ground continues to evolve, Ukrainian leaders remain concerned about the long-term fate of their military personnel. The lack of clear policies governing the status of their soldiers in the EU has led to anxiety among government officials and may have significant repercussions for Ukraine’s troops, both during the conflict and in its aftermath.