IND informs third-country nationals from Ukraine about their rights after 4 September

In the letter, the IND provides more information, for example on the validity of their residence documents and draws the attention of the third-country nationals to the importance of appealing in time against the termination of their temporary protection. 

The decision remains valid

In the last few weeks the third-country nationals from Ukraine received a decision from the IND in which they were notified of the decision to terminate temporary protection on 4 September. This decision remains valid. That means that third-country nationals who want to appeal against it will have to do so within four weeks of receiving the decision.  

Ruling on the right to protection

Until the Council of State has made a guiding decision on termination of their right to protection, the whole group of third-country nationals can still exercise the rights under the directive, including the right to reside in the Netherlands. This also applies to the third-country nationals who did not appeal against the decision by the IND to terminate their temporary protection.

The individual court case is leading

Some third-country nationals can still continue to exercise their rights linked to temporary protection for a longer time. This applies to anyone involved in an individual court case. The court has allowed provisional relief for these individuals, and ruled that the rights will continue to apply until there is a decision on appeal. Or, if the appeal is well founded, until the IND decision has been quashed. Then the guiding factor will be the judgment in the individual case, even if it is given later than the guiding decision by the Council of State. 

The residence document will remain valid with the letter

The O-document, by which the third-country nationals can demonstrate their right of residence, remains valid until 4 September 2023. This residence document will remain valid for a longer time in combination with the letter that the IND sent out this week. The IND will not issue any new residence documents. 

Asylum applications not yet being processed

Approximately 700 third-country nationals stated before 4 September that they want to go through the asylum process. The asylum processes of these third-country nationals are not being processed for the time being, in anticipation of the guiding decision by the Council of State.  

More information

All information about third-country nationals from Ukraine is combined and can be found on Rijksoverheid.nl (only available in Dutch):  Bevriezing beëindiging Richtlijn Tijdelijke Bescherming voor derdelanders uit Oekraïne | Opvang vluchtelingen uit Oekraïne | Rijksoverheid.nl