Temporary Protection Directive Ukraine

Last check: 20-05-2022

Refugees from Ukraine can receive temporary protection in the Netherlands under the EU Temporary Protection Directive. Find out whether you are covered by this directive. And what you need to do when you are covered by this directive. 

Contents 

Requirements Temporary Protection Directive 
Register at your town hall
Documents you need
Collecting proof of residency
Applying for residency under the directive
Application costs
Decision on your application
Validity of proof of residency
Working in the Netherlands

Requirements Temporary Protection Directive

The Temporary Protection Directive entitles you to reception, health care, and education for minor children in the Netherlands. As well as the possibility to work. If you are covered by the directive, you may stay in the Netherlands until 4 March 2023. You will be covered by the directive in the Netherlands if one of the following situations applies to you.

You have Ukrainian nationality

  • You left Ukraine after 26 November 2021.

  • You left Ukraine before 27 November 2021. And at that time you had been in the Netherlands for a longer period of time because you had a residence permit or had applied for asylum. You can prove that you were in the Netherlands before 27 November 2021 and not in another EU country.

You do not have Ukrainian nationality

  • On 23 February 2022, you were a refugee recognised by Ukraine.

  • On 23 February 2022, you had a valid Ukrainian residence permit.

You lived in Ukraine as a family member of someone covered by the directive

  • You are a partner (married or unmarried) and you have a long-term relationship.

  • You are a child under the age of 18 and you are not married.

  • You are a family member and you were living with your family. You are (largely) dependent on this family.

Register at your town hall

Are you covered by the directive? Then you need to go to your local town hall to register in the Personal Records Database (BRP). Registration means that you pass on your personal data and (temporary) address to the local council (gemeente). How you register depends on your local council. For more information about this, please contact the council where you want to register.

Documents you need

The local council must know who you are and where you come from. That is why it needs a number of documents from you to be able to register you. These documents are:

  • a passport or other proof of identity

  • a Ukrainian residence permit that was valid on 23 February 2022 (if you are not Ukrainian).

The local council will check whether you have the correct documents. Do they have doubts about your documents? Then the local council will contact the IND. It may be that additional research will be done, to know for sure who you are and where you come from. You then cannot yet register at the town hall. Not even if your family members do have Ukrainian nationality.


Proof of nationality from Ukrainian embassy

Do you have Ukrainian nationality, but you cannot prove this with documents? Then you may be able to get proof of your identity and nationality from the Ukrainian embassy (Zeestraat 78, The Hague). The embassy will check if you have Ukrainian nationality. If so, you will receive proof together with your photo. With this, the local council can register you in the BRP.

No documents

If you are not Ukrainian and do not have any documents, try to have as many documents as possible brought to the Netherlands. Without documents, you do not come under the directive. Then you must leave the Netherlands and return to the country of your nationality. You can ask the Repatriation and Departure Service (Dienst Terugkeer en Vertrek or DT&V) for help with your return.

Documents for collecting proof of residency

Have you registered at your town hall? Then you can collect a proof of residency from the IND from early June 2022. Then you also need to take your documents with you and show them to the IND (see above). 

Collecting proof of residency

At the moment you cannot collect a proof of residence yet. From early June you can obtain proof from the IND that you may live and work in the Netherlands. You can also use this abroad to show what your rights are. Soon you will read on this page how and when you can collect your proof of residency. Read in advance what you can expect at the pick-up location: 

  • On the agreed date, go to the IND location. Do you have children who also come under the directive? Then they must come with you. Bring your documents with you.

  • At the IND you will complete an application form. The IND uses the application form to register you correctly in our system. If you have children aged under 15, they will also be on your application form.

  • If you are over 11 years old, you will fill in an antecedents certificate. On this form you will state whether you have ever committed a crime or criminal offence. You will also sign this certificate. This is how the IND checks that you are not a danger to the public order.

  • You will receive a sticker in your passport or on a separate piece of paper. At the same time, you will be given a leaflet in your own language with more information about the sticker.

No passport

If you do not have a passport, then you will receive a card instead of a sticker. The IND will then first take a passport photo of you at the IND location. You will receive a letter stating that your card will be ready for you at the IND location after 3 weeks.


Applying for residency under the directive

Your application for residency under the directive officially starts when you register at your town hall. Then you still need to sign the application form at the IND. This can be done from early June 2022 at a location near you. This form is called an M35H and is an official asylum application. 

No regular asylum application

Because you come under the Temporary Protection Directive, you have different rights to the regular asylum application. For example, you are allowed to work. Since you come under the directive, you cannot submit the regular asylum application. You cannot register in Ter Apel.

Application costs

Applying for residency under the directive is free of charge.

Decision on your application

As long as the Temporary Protection Directive applies to you, the IND will not decide on your application. Because we do not take a decision, you will also not receive a residence permit. During the application process, a sticker or card is proof of your residency. You are allowed to live and work in the Netherlands with your proof of residency. As soon as you can collect this proof from the IND, you will read it on this page. 


Validity of proof of residency

The sticker or the card is valid for 1 year, from 4 March 2022 until 4 March 2023. Have you applied to a different European Union country for protection? Then your protection in the Netherlands will stop. You are allowed to travel abroad. Then you do need a valid passport. You are also allowed to travel to Ukraine and then come back again to the Netherlands.


Working in the Netherlands

Everyone who comes under the Temporary Protection Directive can work in the Netherlands without a work permit (in Dutch: tewerkstellingsvergunning or twv). This means that an employer does not have to request a work permit for you. And that you can easily look for a job, if you want to. The work permit exemption applies to all work in employment. You will need an employment contract with an employer. You must also meet the following requirements:

  • You are registered in the Personal Records Database (BRP).

  • You have a document showing that you may be in the Netherlands:

    • Are you Ukrainian? Proof of your nationality is sufficient until you receive proof of residency from the IND. For example, a passport, or a statement from the Ukranian embassy.

    • If you are not Ukrainian or do not have proof of your nationality, you need proof of residency from the IND.  You cannot collect this proof yet.

These requirements also apply if you would like to work as a volunteer or as a trainee. Working as a self-employed person is not (yet) allowed.

Starting on 1 April 2022, employers must notify the Employee Insurance Agency (UWV) (in Dutch) that they are employing someone.

Rules and regulations

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Questions?

Our website contains all the latest information known to us. We will update our website immediately as soon as there is more news. Our employees at the IND desks and on our phone lines do not have more information than you can read here. Would you rather speak to someone in person? Then call the IND and do not go to an IND desk. Please call 088 043 0430 (standard charges apply) and press 9. From abroad please call +31 88 043 0430.