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

Last updated: 5/23/2024, 2:44 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.

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.

The temporary protection stopped for you but you can stay in the Netherlands for now because you had a temporary residence permit in Ukraine

Temporary protection in the Netherlands ended for people with temporary residence permits in Ukraine on 4 March 2024. The highest court in the Netherlands,

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the Council of State (RvS)
, decided this on 17 January 2024. This ruling applied to anyone who had a temporary residence permit in Ukraine, for example for work or study.

As there is still uncertainty as to whether this ruling of the RvS is correct, the highest court in Europe must now make a decision on this. Until then, everyone can wait for the ruling of this European court in the Netherlands. Even if you had not filed a lawsuit against the termination of your temporary protection, you may remain in the Netherlands for the time being. It is not yet clear when the highest European court will issue a ruling.

You are now entitled again to:

  • A place in a reception centre

  • Healthcare

  • Living allowance

  • Work

  • Education

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

Has your right to temporary protection been denied or stopped by the

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Immigration and Naturalisation Service (IND)
? Then you can explore several options for staying in the Netherlands. These are your options:

1. You can appeal the IND's decision.

Has your temporary protection stopped? Then you can always appeal the

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return decision
of the IND. Your lawyer must then request a 'preliminary injunction' (voorlopige voorziening, VoVo) for you. You may then wait for the court's ruling in the Netherlands. In some cases, you can also continue to work. Every VoVo is different. Ask your lawyer which rights the VoVo gives you and inform your employer and the municipality about this.

VluchtelingenWerk Nederland (VWN) can help you find a lawyer.

2. 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:

  • In most municipalities, you may stay in the 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).
    The municipality may also stop access to the reception centre. In that case, COA must find a place in a reception centre for you. The municipality will inform you about this.

  • 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.

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

Have you fled Ukraine but are not entitled to temporary protection? Then you can stay in the Netherlands without a residence permit. You can read information about this in English, Arabic, Dari, Farsi, French, Somali, Tigrinya and Turkish. This information is not available in Ukrainian and Russian.

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