Temporary protection in the Netherlands stops if you had a temporary residence permit in Ukraine

Published at: 1/17/2024, 2:24 PM

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The highest court in the Netherlands has decided that temporary protection will end on 4 March 2024 for you if you had a temporary residence permit in Ukraine. Read what this means for you in this article.

This ruling applies to people with temporary residence permits in Ukraine

The

Council of State (RvS)

has decided that temporary protection will end for people who had a temporary residence permit in Ukraine. For example, a temporary permit for work or study. The temporary protection will end on 4 March 2024. If you do not have Ukrainian citizenship but have a permanent residence permit in Ukraine, if you were officially a refugee in Ukraine when Russia invaded Ukraine, or if you received temporary protection in the Netherlands because your family member received temporary protection, this message is not for you. In these cases, you retain the right to temporary protection in the Netherlands until at least 4 March 2025.

You do not have to leave the Netherlands right away

Until 4 March, you will keep your right to a place in the reception centre for refugees from Ukraine, healthcare, education and work. Before 4 March 2024, you will receive a letter from the

Immigration and Naturalisation Service (IND)

telling you exactly what consequences the Council of State ruling has for you. In any case, after 4 March 2024, you will no longer be entitled to residence, healthcare, education and work in the Netherlands. You have 28 days from that date to leave the Netherlands.

These are your options if your temporary protection ends

1. You can apply for asylum

If you cannot return to your country of origin because you are not safe there, you can apply for asylum in the Netherlands. If you have previously decided not to apply for asylum but want to do so now, you can report to the application centre in Ter Apel. Employees of

VluchtelingenWerk Nederland (VWN)

and your lawyer can help you with this.

Registering in Ter Apel

On this page you can read about applying for asylum in the Netherlands. You then report to the application centre in the village of Ter Apel. Here you can apply for asylum with the IND and the Dutch police will register your application.

2. You can apply for a study or work visa in the Netherlands

If you are currently studying or working in the Netherlands, you can try to get a study or work visa.

Applying for a regular residence permit

On this page you can read that there are other residence permits besides asylum permits. These are regular permits. For both work and study, you can only apply for a visa in the country of origin.

3. You can take advantage of the remigration scheme

You can return to your country of origin or a country where you have a permanent residence permit. You can get a financial contribution from the Dutch government for this, this is called the remigration scheme.

4. This happens if you stay in the Netherlands without a residence permit

After 4 March 2024, you have 28 days to leave the Netherlands. If you stay in the Netherlands after those 28 days, you are in the Netherlands without a residence permit. From that moment on, you are in the Netherlands without permission. The immigration police have the right to deport you from the country.

Without a residence permit, you have no right to a place in a reception centre, work or financial support. You lose your

citizen service number (BSN)

, health insurance and your bank account. You do have the right to medically necessary care, and you also retain the right to a lawyer. Children under 18 always have the right to attend school, even if they are in the Netherlands without a residence permit.

Living in the Netherlands without a residence permit

On this page you can read about living in the Netherlands without a residence permit.

Consult with your lawyer if you have started a lawsuit

If you have filed a lawsuit against the termination of your temporary protection in the past few months, contact your lawyer to discuss your situation. The lawyer can tell you whether or not your lawsuit will be stopped by the Council of State ruling.