Ukrainians evading military service may receive asylum in the United Kingdom

Ukrainian men may, under certain conditions, obtain refugee status in the United Kingdom if their claim is based on refusal to serve in the Ukrainian army.

This was reported by the UK Home Office with reference to the updated Country Policy and Information Note (CPIN) — a document used by British visa and immigration services.

The update was made on September 11 and published on October 1.

The document states that some cases of draft evasion and desertion by Ukrainians generally do not fall under the criteria of the Refugee Convention, and that each application requires individual assessment.

Among the reasons that may serve as valid grounds for granting asylum to Ukrainians who evade military service or desert are the following:

• Religious and political beliefs. Ukraine has abolished alternative civilian service, so those who refuse to serve on religious or political grounds have no legal way to avoid the army. The document notes that courts issue sentences against believers, authorities carry out arrests, and there have been cases of torture — all of which can amount to persecution for one’s beliefs.

• Risk of criminal punishment for evasion or desertion. The report cites data showing that penalties for evasion or desertion can reach 10–12 years in prison. It also states that the poor conditions in Ukrainian pre-trial detention centers often violate Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman treatment.

• Being forced to commit inhumane acts, including war crimes. While the report notes that military service in Ukraine does not generally involve systematic coercion to commit actions that violate fundamental humanitarian standards, if an applicant can prove they were forced into such acts — for example, war crimes — this may be grounds for protection.

At the same time, the report emphasizes that harsh conditions of military service in Ukraine, a simple unwillingness to serve, or the general dangers associated with war are not in themselves sufficient grounds to qualify as persecution or to grant asylum.

For context, former commander of the 155th Brigade Dmytro Ryumshin earlier stated that soldiers are increasingly going absent without leave (AWOL) both in Ukraine and during training abroad. According to him, this is due to a lack of trust in the military and political leadership.