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 Secretary of Justice and Security has frozen the consequences of the ending of the temporary protection (only in Dutch). The Court of Justice of the European Union (the EU court) must deliver a judgment on questions asked by the Council of State on 25 April 2024. The freeze and the rights of the directive are at least valid until the EU court delivers a judgment. Has the EU court not yet delivered a judgment on 4 March 2025? Then the rights will end on that day, provisionally. 

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. 

You will receive a sticker in your passport from the IND. This is called a residence endorsement sticker (in Dutch: sticker Verblijfsaantekening). 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.

Do you follow the asylum procedure? The freeze also applies to you if you meet its conditions. The rights that come with the application for the asylum permit then apply to you. As well as the rights of the Temporary Protection Directive. In addition to a W-document, you will also need the residence endorsement sticker. Does the IND decide that you will not receive an asylum permit? Then the rights of the directive will continue to apply to you as long as the freeze applies. 

Asylum application processing continues

In March or June 2023, we sent out a letter about your asylum application. In that letter, we asked you if you wanted to continue your asylum application. Have you let the IND know before 4 September 2023 that you want to continue? Then the IND will continue processing your asylum application. The IND is trying to make a decision before February 2025. It is important that you come to the IND or respond if we ask you to do so. Otherwise, this may have consequences for the assessment of your asylum application. 

Have you applied for or received another residence permit (not asylum)? For example for 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. As well as the rights of the Temporary Protection Directive. In addition to a residence permit, you will also need the residence endorsement sticker.

No entry visa (mvv) required

Are you applying for a residence permit? 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