Source: RefugeeHelp

The asylum procedure if you fall under temporary protection

Last updated: 3/14/2024, 1:51 PM
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If you have received Ukrainian citizenship and proof of residence from the IND, you have also signed a form from the IND starting the asylum procedure. You do not have to do anything with this now. In this article you can read what this means for you.

There is an asylum procedure pending that is not being done now

When picking up the sticker at the

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Immigration and Naturalisation Service (IND)
, you have also signed the
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M35-H form
. This officially begins the asylum procedure. The procedure is immediately frozen because you are covered by the
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Temporary Protection Directive (TPD)
. This means the government is not doing anything with your asylum procedure now. The government may keep these asylum proceedings frozen until the end of the TPD. The TPD runs until 4 March 2025.

The Dutch government must make a decision on the asylum application within 6 months of the end of the TPD. What the procedure will look like after 4 March 2025 is not yet known.

The country where you first apply for asylum is responsible for your asylum procedure

When you picked up your

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proof of residence
from the IND, you started an asylum application. Therefore, the Netherlands is probably the country to assess your asylum application. If you leave the Netherlands and file an asylum application in another European Union (EU) country, that country can return you to the Netherlands, due to the
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Dublin regulation
.

If you make an asylum application anywhere in the EU, this EU country first looks at whether they are responsible for processing your asylum application. For this, they look at the rules of the Dublin regulation. If you had previously submitted an asylum application in another EU country, the Netherlands can ask that other country to handle your asylum application. However, the Netherlands must ask within a number of months. Once that deadline has passed, the Netherlands has thus become the EU country that must handle your asylum application.

Which countries participate in the Dublin regulation?

Asylum procedure without Ukrainian citizenship

Temporary protection ends for you on 4 March 2024 if you had a temporary residence permit in Ukraine. For example, a temporary permit for work or study. You have received a letter from the Immigration and Naturalisation Service (IND) if this applies to you. What happens after this date depends on your situation.

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