Residency non-Ukrainians with temporary Ukrainian residence permit

Non-Ukrainians who had a temporary Ukrainian residence permit (third-country nationals) may temporarily continue to make use of the rights that come with the Temporary Protection Directive. Such as work, financial aid and reception from the municipality. This is because the previous State Secretary of Justice and Security has frozen the consequences of the ending of the temporary protection (only in Dutch).  The State Secretary wanted to await the judgment of the Court of Justice of the European Union (the EU court).

Ruling of the EU Court

The EU court delivered a judgment on 19 December 2024. The judgment is about questions asked by the Council of State on 25 April 2024. According to the judgment, it was allowed to stop the temporary protection. But the freeze will remain in effect temporarily and the rights will not end immediately. The IND sent you a letter about this in February 2025.

Residency after EU Court's ruling without appeal

Did you not appeal the IND's (return) decision? Then you may use the rights of the Directive until the freeze is lifted. First, the national judges who asked the EU court questions have to make their own rulings. These are the Dutch Council of State and the Court of Amsterdam. After the last of these rulings, the rights of the directive will continue to apply to you for (at least) 5 weeks.

Date on which the rights of the Directive will end

• The date on which the rights under the Directive will end is not yet known.

Residency after EU Court ruling with appeal

Have you appealed against the (return) decision with a date before 4 March 2024? Then you may use the rights of the Directive until the court rules on your appeal.

To whom the freeze applies

The freeze applies if you meet the following conditions: 

• Your temporary protection ended on 5 March 2024.
• You are registered with the municipality in the Personal Records Database (BRP).  Have you been deregistered from the BRP after 4 March 2024? Then you must inform the municipality before 4 May 2024 that you want to register again. It does not matter if the municipality processes your registration after 4 May.
• You did not leave the Netherlands with the help of the Repatriation and Departure Service (in Dutch: Dienst Terugkeer en Vertrek or DTenV) or other financial assistance.
• You have not left the Schengen area after 4 March 2024. Or you have been in Ukraine for no longer than 28 days.
• Before 4 March 2024, you have been outside the Schengen area for no longer than 28 days.

Return decision temporarily not valid

Did you not have another residence permit and did the IND not process your application in the asylum procedure? Then you received a return decision from the IND. The return decision stated that you had to leave the Netherlands no later than 1 April 2024. Due to the freeze, this return decision is temporarily not valid. The return decision will apply again when the freeze ends and you do not have or have not applied for a residence permit.  From then on, you will have 4 weeks to leave the Netherlands. You will receive a (new) return decision if you have appealed against the previous (return) decision. During the period in which you must leave, you can no longer make use of the rights under the Directive. You are however entitled to municipal reception. 

You have received a residence endorsement sticker (in Dutch: sticker Verblijfsaantekening) in your passport from the IND. With this sticker you prove that the freeze applies to you. And that you are allowed to live and work in the Netherlands temporarily. See an example of the sticker Verblijfsaantekening.

Validity sticker after 4 March 2025 

After 4 March 2025, the sticker will only be valid together with the letter of February 2025. With the sticker and letter, you can show that you are allowed to make use the rights of the Directive. The letter is valid until the end of the freeze. Have you appealed against the (return) decision of the IND? Then the letter is valid until you receive a decision on your appeal.

Have you applied for or received another residence permit? For example for asylum, work or study? The freeze also applies to you if you meet its conditions. The rights associated with the (application for) the residence permit then apply to you. The rights of the Temporary Protection Directive apply until the freeze is lifted. Or until you receive a decision on your appeal. 

No entry visa (mvv) required

Are you applying for a residence permit (no asylum)? Then you do not need a provisional residence permit (mvv). You must still meet all other requirements for the residence permit.

The temporary protection ended on 5 March 2024 due to the ruling of the Council of State (only in Dutch). The Council of State is the highest administrative court in the Netherlands. Since then, a number of third-country nationals have appealed to the courts. Courts decided differently on these appeals. That is why the Council of State has asked questions to the EU Court. The EU court checks whether countries use and explain EU rules correctly. The questions are about the moment when the temporary protection stopped. The State Secretary of Justice and Security has decided to await the judgment of the EU court.

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