News item | 18-07-2022 | 21:30
The vast majority of refugees from Ukraine are Ukrainian nationals. However, this does not apply to everyone who comes to the Netherlands from Ukraine. People who had a temporary residence permit in Ukraine, for example because they studied or worked there, will no longer be subject to the European Directive on Temporary Protection (RTB) in the Netherlands from 19 July. This applies regardless of whether they come directly from Ukraine, have been in their own country or come through another EU country. This means that these so-called ‘third country nationals’ can no longer claim municipal shelter, living allowance, education and medical care.
Change for third-country nationals with a temporary residence permit
Security regions, municipalities and the IND have announced that they are seeing an increase in the number of third-country nationals coming to the Netherlands from other European countries. This is most likely because in the Netherlands – unlike in those countries – they are covered by the RTB and therefore receive more extensive facilities. The government also receives signals that the protection offered by our law may be abused. These signals mainly concern third-country nationals with a temporary residence permit, who usually come from safe countries. The cabinet does not want to burden municipalities unnecessarily and also meets the wishes of the House of Representatives in this regard. That is why the cabinet has decided to no longer allow third-country nationals who had a temporary residence permit in Ukraine to fall under the RTB and the associated rights, unless they are a person who falls under the International Protection Directive.
State Secretary van der Burg: ‘It is very important that we offer protection to people who are not safe in their own country, while at the same time we do not want to overload municipalities. With this change, we will continue to focus the reception and facilities on the people who need them.’
Not retroactively
The above change is not retroactive. This means that all people who were entitled to residence in Ukraine and who registered in the Basic Registration of Persons (BRP) before July 19, continue to be entitled to the protection that comes with the RTB until March 4, 2023.
Support IND
In order to be able to see whether someone falls under the RTB, municipalities have to look at the residence status of the person in question in Ukraine. Locations are set up for this assessment and the IND supports the municipalities. Some of the people who are no longer eligible for protection by the RTB will opt to return to their country of origin. If they wish, they will receive help from the Repatriation and Departure Service (DT&V). Some of the third-country nationals who come to the Netherlands will want to go through the normal asylum procedure, resulting in an increase in the number of asylum applications. The IND and other parties involved are also making preparations for this.