Requirements Temporary Protection Directive
The Temporary Protection Directive entitles you to reception and health care. And education for minor children. As well as the possibility to work in the Netherlands. 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.
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 (in Dutch: Basisregistratie Personen or 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 residency
You can obtain a proof from the IND that you may live and work in the Netherlands. As proof you will be given a sticker in your passport or on a separate piece of paper. Sometimes you will be given a card (O-document). You can make an appointment to collect your proof of residency at an IND pickup location.
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 form is called an M35H and is an official asylum application. You can only fill out this form at the pickup location where you collect your proof of residency by appointment. You cannot apply for residency under the directive in Ter Apel.
No regular asylum application
An application for residency under the directive is not the same as a regular asylum application in Ter Apel. You have different rights. For example, you are immediately allowed to work in the Netherlands.
Child born in the Netherlands
Did you have a baby in the Netherlands? Please register your baby at the local council (in Dutch: gemeente) where you are also registered. Was your child born after you filled out your application form at the IND? Then you must report your child’s birth to the IND. To do so, please send form M35-J to the IND, Postbus 17, 9560 AA Ter Apel.
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.
Validity proof of residency
The sticker or the card is valid for 1 year, from 4 March 2022 until 4 March 2023. Your sticker or card is only valid in the Netherlands. After 4 March 2023, the situation in Ukraine, and whether the directive should be extended, will be assessed. Then you may be able to stay longer in the Netherlands.
Are you leaving the Netherlands and do you apply for protection in another European Union country? Then your temporary protection in the Netherlands will end.
Non-Ukrainians with temporary residence permit are no longer covered by the directive after 4 March 2023
Are you non-Ukrainian and did you have a temporary Ukrainian residence permit, for example to work or study? Then you are no longer covered by the directive after 4 March 2023. This means that you are not allowed to stay in the Netherlands, after your sticker of card is expired.
Did you have temporary (inter)national protection in Ukraine? Then you are still covered by the directive.
Travelling in Europe
Travelling as Ukrainian
Do you have Ukrainian nationality? Then you can travel within the European Union. You can also travel to and from Ukraine. You will need a valid biometric passport with a proof of residency. With this you prove abroad that you have protection in the Netherlands until 4 March 2023. How long you can be in another EU country with this proof is different for each country. There is no general rule for this. Check this first with the country you want to travel to. Sometimes you receive a card as a proof of residency. You will not be able to travel with this, the card is not a travel document.
You can also travel to EU countries if you are still in your visa-exempt term. You are allowed to be in the European Union up to 90 days within a period of 180 days. You can then, for example, seek protection in another EU country. Has your visa-exempt term expired and do you not have a proof of residency yet? Then travelling is at your own risk. The IND will not give you a visa to travel back to the Netherlands (return visa, in Dutch terugkeervisum or TKV). You cannot make an appointment for a return visa at an IND desk. Travelling outside the EU is also at your own risk. You will not get a return visa for this either. This also applies when you have your proof of residency.
Travelling as non-Ukrainian
If you do not have Ukrainian nationality, travelling within and outside the EU is at your own risk. The IND will not give you a return visa or entry visa for returning to the Netherlands. You cannot make an appointment for a return visa at an IND desk. This also applies when you have your proof of residency.
No right to protection after travel to country of origin
Do you not have Ukrainian nationality and have you been to your country of origin after 23 February 2022? Then you do not (any longer) meet the conditions of the Temporary Protection Directive. Your right to stay in the Netherlands may then be ended.
Working and studying in 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 come under the Temporary Protection Directive. We advise you to register at the local council if you come under the directive.
- You need a proof of residency showing that you are allowed to be in the Netherlands. You will receive a sticker or card as proof. A proof of residency is not required until 31 October 2022. Until that day, you can show that you are allowed to be in the Netherlands in the following way:
- Are you Ukrainian? Proof of your nationality is sufficient. For example, a passport, or a statement from the Ukranian embassy.
- Are you not Ukrainian? Then you need a Ukranian residence permit or recognition as a refugee that was valid on 23 February 2022.
The requirements for the exemption also apply if want to work as a volunteer. The organisation where you want to work must then request a volunteer declaration from the UWV. You may also work as a trainee, when you, your employer and your school have signed a trainee contract. A twv is required if you want to work as a self-employed person.
Starting on 1 April 2022, employers must notify the Employee Insurance Agency (in Dutch: UWV) that they are employing someone.
Studying in the Netherlands
You may study in the Netherlands if you come under the Temporary Protection Directive. You must then be registered with the local council.
- Coming to the Netherlands and reception
- Flexible handling of residence permits Ukrainians
- Temporarily no decisions on asylum applications Ukrainians
- Ukraine: appointment to collect proof of residency
Rules and regulations
- Council Directive 2001/55/EC (Temporary Protection Directive)
- Council Implementing Decision (EU) 2022/382 of 4 March 2022
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 0. From abroad please call +31 88 043 0430.
Immigratie- en Naturalisatiedienst