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

Last updated: 4/3/2024, 9:48 AM
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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.

It is not clear whether I am entitled to temporary protection

Is it not clear whether you are entitled to Temporary Protection? Then the municipality will contact the

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Immigration and Naturalisation Service (IND)
to schedule an appointment 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.

Temporary protection ended for you on 4 March 2024

Temporary protection in the Netherlands for people with a temporary residence permit in Ukraine will end on 4 March 2024. For example, if you had a temporary permit to work or study in Ukraine. The highest court in the Netherlands,

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the Council of State (RvS)
, decided that on 17 January 2024.

You will have received a letter from the Immigration and Naturalisation Service (IND) if this applies to you. You had 28 days from 4 March 2024 to leave the Netherlands. As of 2 April, you must leave the Netherlands. You will then no longer be entitled to:

  • Healthcare

  • Living allowance

  • Work

  • Education

However, the decision of the highest court (RvS) is not clear to everyone. Different courts understand the decision differently. The Dutch government does say you must leave the Netherlands as of 2 April 2024.

These are your options if you are not entitled to temporary protection or if your temporary protection has ended

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 can apply for asylum in the Netherlands

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

Has your temporary protection stopped and you applied for asylum before 4 March 2024? Then you have been subject to the right of asylum since 4 March. In the coming weeks, you will receive an invitation from the IND for your first conversation. That conversation is called an interview. 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 a reception centre of the

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    Central Agency for the Reception of Asylum Seekers (COA).

  • You may also continue to work. 

  • You must pick up a

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    W-document
    from the IND.

Have you not had temporary protection or are you applying for asylum after 4 March 2024? Then you do this by going to the application centre in Ter Apel and applying there. You will stay in COA's emergency reception centre from then on.

These rules apply to you if you have not had temporary protection or 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. You can appeal the IND's decision

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

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return decision
of the IND? And did your lawyer apply for a 'preliminary injunction' (voorlopige voorziening, VoVo) and did you get it? Then you may wait for the court's ruling in the Netherlands. 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 this.

This ruling then applies only to you, not to other people in the same situation. If you have questions about this, ask your lawyer. Do you not have a lawyer? Or do you still want to appeal? VluchtelingenWerk Nederland (VWN) can help you find a lawyer.

3. You can 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. You can 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

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International Organization for Migration (IOM)
can help you return to your country of origin. The IOM provides information and advice.

5. You can live 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.

You can return to the Netherlands in some cases

Did you leave the Netherlands because the IND sent you a letter telling you to leave the Netherlands? If so, you do not have an entry ban. This means that you can return to the Netherlands with a regular permit on the basis of, for example, work or study or family. You apply for such a permit before you plan to come to the Netherlands.

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Step-by-step plan

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