News item | 16-12-2024 | 19:01
In March and April 2024, the Amsterdam District Court and the Administrative Jurisdiction Division of the Council of State submitted preliminary questions to the Court of Justice of the European Union about the termination of temporary protection under the Temporary Protection Directive. The Court’s judgment is expected on December 19, 2024. The consequences of the termination remain frozen until further notice (rather than until the Court’s judgment as indicated in previous communications). This means that third-country nationals temporarily remain entitled to reception and facilities under the Regulation for the Reception of Displaced Persons in Ukraine and may continue to work. In this message you can read about what happens next. At the end of this message there is information specific to municipalities and employers. Are you a third-country national who is subject to the freeze? Then click here.
Why does the freeze last longer?
The preliminary questions were asked by the Amsterdam District Court and the Division relates to individual (appeal) appeal procedures. The procedures regarding the termination of temporary protection and the return decisions taken by the IND are currently being stayed by the courts and the Division until the Court of Justice of the European Union issues its judgment. As soon as the national judges rule in the (appeal) cases, it will become clear how the Court’s judgment has an impact on Dutch law. Only then can the judgment be implemented.
Until when does the freeze apply?
That depends on both the judgment of the Court of Justice of the European Union and the rulings of national courts. Based on these statements, a better estimate can be made of how much time the IND and other partners need to implement the judgment and adapt the systems in a way that does justice to the (legal) situation of this group of third-country nationals.
It will be communicated at a later date how long the freezing of the consequences of the termination will continue to apply to these third-country nationals and what the next steps are.
How do I recognize the target group?
The third-country nationals who are subject to the freeze will have received a letter from the IND before December 19, 2024. Information about the letter can be found here: Residence non-Ukrainians with temporary Ukrainian residence permit (third-country nationals) | IND. The residence permits of third-country nationals subject to the freeze are valid until March 4, 2025.
As a result of the freeze, the group will also retain title 46 for the time being.
For municipalities
The municipality does not have to take any steps during the freeze. The ministry provides new information for municipalities based on the rulings of the Court of Justice of the European Union and national judges. If you have any questions in the meantime, please contact the third-country national information point: redactie.oekraï[email protected]
For employers
We previously indicated that third-country nationals with temporary right of residence in Ukraine retain their entitlement to the benefit rights they have already accrued and may continue to work until the ruling of the Court of Justice of the European Union. Now we let you know that third-country nationals will continue to have these rights after the Court’s ruling on December 19, 2024, until further notice. This means that third-country nationals temporarily remain entitled to reception and facilities from the RooO and may continue to work according to the rules that apply to displaced persons who fall under the RTB: Work permit Ukrainian worker | UWV