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Moratorium on decisions on asylum applications by Ukrainians
Last update: 28 February 2022
Because of the Russian invasion of Ukraine, the Immigration and Naturalisation Service (IND) will not take decisions on asylum applications by persons with Ukrainian nationality for the next six months. The IND already decided earlier to deal leniently (see: Leniency for Ukrainians in the Netherlands| Immigration and Naturalisation Service (IND)) with regular applications by Ukrainians, for example by extending the period of visas.
Ukrainians are Europeans and have the right to enter our country freely. So an asylum application is not needed to stay legally in the Netherlands. Refugees from Ukraine are however free to apply for asylum in the Netherlands. Dozens of residents of Ukraine use this possibility annually.
Decision moratorium
On Monday, Minister for Migration Van der Burg (Asylum and Migration) set a so-called decision and departure moratorium on new and pending asylum applications. This means that the IND does not have to decide on asylum applications. In this way, Ukrainians do not run the risk of having to return to their home country after a negative decision, and they maintain their right to reception during the process.
Decision period extended
By setting a moratorium, the statutory decision period of pending and new asylum applications has been extended by a year. The decision takes effect only after publication in the Dutch Government Gazette (Staatscourant), but the IND acts immediately after this decision. The Minister for Migration decided as well that Ukraine will not be considered a safe country of origin for six months.
No concerns about right of residence
Because of the leniency regarding regular applications and the moratorium on decisions on asylum applications, Ukrainians staying or arriving in the Netherlands do not have to be concerned about their right of residence.
Questions?
For more information see Ukraine: effects on stay or application | Immigration and Naturalisation Service (IND)