News item | 24-01-2024 | 20:27
After March 4, third-country nationals from Ukraine are obliged to leave the Netherlands within 28 days. This is a consequence of a ruling by the Council of State. At the beginning of this month, the highest legal body determined that so-called third-country nationals are no longer entitled to residence under the Temporary Protection Directive (RTB) after March 4. This concerns a group of approximately 2,760 people who do not have Ukrainian nationality, but who stayed there with a temporary residence permit for work or study, for example.
An exception applies to mandatory departure of third-country nationals if they have a pending asylum application or have received a regular residence permit, such as a study or work visa.
According to State Secretary Eric van der Burg of Asylum and Migration, the majority of third-country nationals can safely return to their country of origin. “Unless they fear violence or persecution there, they can apply for asylum here. It is good that after a long period of uncertainty there is now clarity for this group of third-country nationals.”
Asylum application
Approximately 740 third-country nationals have already indicated to the Immigration and Naturalization Service (IND) that they wish to continue with their asylum application. This group also remains entitled to reception at the Central Agency for the Reception of Asylum Seekers (COA) after March 4. Municipalities have been asked to continue to offer shelter to third-country nationals with a pending asylum application until they can be transferred to the COA.
Third-country nationals who have not previously indicated to the IND that they wish to continue with their asylum application, can submit a new asylum application to the IND if they believe that they cannot return to their country of origin because they are unsafe there. They retain the right to reception at the COA, but are not allowed to work in the Netherlands for the first six months.
Departure
Third-country nationals who do not apply for asylum or whose asylum application has been rejected are obliged to leave the Netherlands within 28 days after March 4. Municipalities will continue to accommodate third-country nationals during this period; the government will reimburse the costs for this. The remigration policy [link DTV] of the Return and Departure Service (DT&V), which runs until March 4, 2024, can help third-country nationals with departure.