Residency non-Ukrainians with temporary Ukrainian residence permit

You have received a decision that ends your temporary protection on 4 September 2023. However, for now you may still make use of the rights of the Temporary Protection Directive. For example, the right to work and the right to reception by the municipality. This is because the Minister for Migration has decided to freeze the situation. This applies until the decision of the Council of State (in Dutch: Raad van State). This is a guiding decision on the question of whether temporary protection for this group may end. The Council of State is the highest administrative court in the Netherlands. Judges almost always follow a guiding decision.

You may temporarily stay longer in the Netherlands  

In any case, you may stay until the Council of State has made its decision. However, the decision that you previously received from the IND stands. Do you not agree with the decision from the IND that your temporary protection will eventually end? Then you can appeal against the decision. The judge will determine whether or not the decision of the IND is correct. You have 4 weeks from the date of the decision to do this. This period will not be extended, even if you may temporarily stay longer.

Legal aid

In the Netherlands you have the right to legal aid. A lawyer can discuss the IND’s decision with you if you want. Do you not yet have a lawyer? The Legal Aid Board (in Dutch: Raad voor Rechtsbijstand or RvR) can arrange a lawyer for you. Send an email to acdenbosch@rvr.org. Do this as soon as possible. In any case, within 4 weeks after receiving the decision from the IND.

Your card (displaced persons document, in Dutch: O-document) states that you have the right to protection until 4 September 2023. In the beginning of September, the IND has sent you a letter with more information about your residency. You can only use this personal letter, together with your card, to show that you may stay in the Netherlands. You will not receive another document from the IND. It is therefore important that you keep this letter safe. Read about the temporary extension of rights under the Temporary Protection Directive in the English letter: 

Card valid for a longer period of time

Your card and letter are valid until there is a guiding decision from the Council of State. Have you not appealed against the decision from the IND? Your card will then remain valid until it is clear whether the IND may stop the temporary protection. It is expected that the Council of State will not make this decision before November 2023. 

Validity of card during own court case

Have you gone to court yourself? Until when your card is valid depends on your situation:

• You have appealed against the decision from the IND. If the judge has ruled in your favor, the IND will appeal against this. Your card remains valid until you receive the decision on this appeal.
• You have asked the judge for a provisional ruling. Have you received a provisional ruling from the judge? Your card will then usually remain valid until the provisional ruling ends. Or until the judge has made a final decision on your appeal.

Leaving the Netherlands

The IND decision stated that you had to leave the Netherlands within 28 days after 4 September 2023. This period to leave starts at one of the following times:

• On the date on which the Council of State makes the guiding decision. The ruling shows that the IND was allowed to stop the temporary protection.
• Have you received a provisional ruling from the judge? Then the date applies that the judge or Council of State rules on the appeal in your case. The ruling shows that the IND was allowed to stop the temporary protection.

Notify your local municipality of your departure. And send the following form to the IND: 

In March or June 2023, we sent out a letter in which we asked you if you wished to proceed with your asylum application. You were able to then indicate your choice in a questionnaire and return it. 

Stop with asylum application or no response

Did you state in the questionnaire that the IND does not have to process your application? Or did you not return the questionnaire to the IND? Then the IND has already closed your asylum application or will close your asylum application. Do you still want to follow the asylum procedure after the decision of the Council of State? Then you must apply for asylum again.

Proceeding with asylum application

Did you choose to proceed with your asylum application? After the decision of the Council of State, you will receive information about the start of your asylum procedure.

Do you decide to return to your country of origin?  You may be able to get help with your departure from the International Organization for Migration (IOM). If you cannot or do not want to leave with help from IOM, you can contact the Dutch Repatriation and Departure Service (DT&V) via ilc@dtv.minvenj.nl. The DT&V will then see if and how they can assist you.

Information for non-Ukrainians (third-country nationals) on Government.nl