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People with a temporary Ukrainian residence permit no longer entitled to municipal reception
Last update: 19 July 2022
The vast majority of the refugees from Ukraine are people with Ukrainian nationality. This however does not hold for to everyone who comes to the Netherlands from Ukraine. It holds for the people who had a temporary residence permit in Ukraine, for example because they studied or worked there, that in the Netherlands, from 19 July, they no longer come under the EU Temporary Protection Directive (TPD). This applies regardless of whether they come directly from Ukraine, were in their own country or come via a different EU country. This means that these so-called ‘third-country nationals’ are no longer entitled to municipal reception, living allowance, education and medical care.
Security regions, municipalities and the IND state that they notice an increase in the number of third-country nationals who come to the Netherlands from other European countries. This is most likely because in the Netherlands – unlike in those countries – they come under the TPD and therefore receive more extensive facilities. The government is also receiving signals that the protection provided by our law is possibly being abused. These signals relate mainly to third-country nationals with temporary residence permits, who usually come from safe countries. The government does not want to overburden municipalities unnecessarily and, in addition, it wants to meet the wish of the Dutch House of Representatives in this regard. Consequently, the government has decided no longer to allow third-country nationals who had temporary residence permits in Ukraine to be covered by the TPD and be entitled to the corresponding rights, unless a person is concerned who falls under the International Protection Directive.
Minister for Migration Van der Burg: ‘It is extremely important for us to provide protection to people who are not safe in their own country, but at the same time we do not want to overburden municipalities. This change enables us to continue to focus the provision of reception and facilities on the people who need this.’
The above-mentioned change will not apply with retroactive effect. This means that all people who had a right to residence in Ukraine, and who registered in the Personal Records Database (BRP) before 19 July will maintain the right to the protection that they have under the TPD until 4 March 2023.
To be able to see whether someone falls under the TPD, municipalities must examine what kind of residence status the person in question had in Ukraine. Locations will be set up to assess this, and the IND will support the municipalities. Some of the people who are no longer eligible for protection by the TPD will choose to return to their country of origin. If they so desire, they will receive assistance in doing so from the Repatriation and Departure Service (DT&V). Some of the third country nationals who come to the Netherlands will want to go through the normal asylum process, which will result in an increase in the number of asylum applications. The IND and other parties involved are making preparations for this as well.