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These are your options if you are not entitled to temporary protection

Last updated: 3/28/2024, 12:35 PM
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Did you flee from Ukraine and not fall under temporary protection? Or were you under temporary protection but it has stopped since 4 March 2024? Read here what you can do.

When are you not covered by the Temporary Protection Directive?

You are not entitled to temporary protection if:

  • You have a temporary Ukrainian residence permit (e.g. for work or study) and are not registered with a Dutch municipality before 19 July 2022.

  • You have insufficient documents to prove that you are covered by Temporary Protection.

  • You filed an application for (inter)national protection in Ukraine, which has not yet been decided on.

  • You were working in an EU country on 22 February 2022, on the basis of a temporary (work) visa.

  • You took advantage of the

    Click here for an additional explanation
    DT&V remigration scheme
    .

  • You yourself have left the Netherlands for a country outside the EU. TPD is not a travel document. The customs of a non-EU country cannot let you go because you do not have a travel document.

It is not clear whether I am entitled to Temporary Protection

If it is not clear whether you are entitled to Temporary Protection, the municipality will contact the Immigration and Naturalisation Service (IND) to arrange an appointment. The IND will then meet with you. On the basis of your documents, the IND will determine whether or not you will receive protection in the Netherlands. It is therefore important to bring all your documents with you to your appointment with the IND.

These are your options if you are no longer entitled to temporary protection

Do you no longer fall under temporary protection? Then you can explore different options for staying in the Netherlands. These are your options:

1. You have applied for asylum or want to apply for asylum.

In the Netherlands, you always have the right to seek asylum. From the moment you apply for asylum, you fall under asylum law.

Did you apply for asylum before 4 March 2024? Then you fall under the asylum law as of 4 March. In the coming weeks, you will receive an invitation from the IND for your first discussion. This discussion is called an interview. The rest of the asylum procedure works differently for you than for other refugees, because you first came under temporary protection. The IND will inform you about this. These rules apply to you if you applied for asylum before 4 March 2024:

  • You may stay in the municipality's reception centre until there is room in an asylum seekers' centre.

  • You may also continue to work.

  • You need to pick up a W-document from the IND.

Are you applying for asylum after 4 March 2024? Then do so by going to the application centre in Ter Apel and apply there. From that moment you will stay in an emergency reception centre of the Central Agency for the Reception of Asylum Seekers (COA). These rules apply to you if you applied for asylum after 4 March 2024:

  • You are not allowed to work.

  • You are not allowed to stay in the municipality's reception centre.

2. Appeal the IND's decision.

Did your temporary protection stop on 4 March 2024 and did you appeal against the

Click here for an additional explanation
return decision
of the IND? And did your lawyer apply for a 'voorlopige voorziening' (preliminary injunction) (VoVo) and did you get it? Then you may wait for the court ruling in the Netherlands. Please note: This ruling will only apply to you, not to other people in the same situation. If you have any questions about this, ask your lawyer.

In some cases, you may also continue to work. Every VoVo is different. Ask your lawyer what rights the VoVo gives you and inform your employer and the municipality about them.

Do you not have a lawyer? VluchtelingenWerk can help you find a lawyer.

3. Apply for a regular residence permit If you are not entitled to temporary protection then you can apply for a regular residence permit. Did your protection stop on 4 March 2024 but did you apply for a regular residence permit before 4 March 2024? Then you may await the decision on this application in the Netherlands. You do not have to leave the Netherlands until you know whether or not you will receive a regular residence permit. You must arrange your own accommodation and health insurance.

4. Return to your country of origin Are you a refugee from Ukraine but not entitled to temporary protection? Or have you fled Ukraine and your temporary protection ended on 4 March 2024? Then the International Organization for Migration (IOM) can help you return to your country of origin. The IOM provides information and advice.

5. Living in the Netherlands without a residence permit.

As of 2 April, the municipality has the right to remove you from the reception centre. Do you still remain in the Netherlands without the right of residence? Then you can use information on the next page. This information has not been translated into Ukrainian and Russian, but has been translated into English, Arabic, Dari, Farsi, French, Somali, Tigrinya and Turkish.

Webinar by VluchtelingenWerk Nederland on the asylum procedure in the Netherlands

Do I fall under the TPD again when I return to the Netherlands?

If you had your temporary Ukrainian residence permit and left the Netherlands, you may no longer be entitled to

Click here for an additional explanation
TPD
.

You no longer fall under the TPD if you

  • Have taken advantage of the

    Click here for an additional explanation
    DT&V remigration scheme
    because you will have signed a form waiving current residency rights.

  • Left the Netherlands yourself for a country outside the EU. Your right to TPD is not a travel document. The customs of a non-EU country may not be able to let you go because you do not have a travel document.

Does this article help you?

Step-by-step plan

This is what you need to arrange if you fall under the Temporary Protection Directive