News item | 8/29/2023 | 15:42
From 4 September 2023, third-country nationals with a temporary residence permit in Ukraine will no longer fall under the Temporary Protection Directive (RTB) for refugees from Ukraine. It concerns about 2,900 people. This means that after the temporary protection has ended, they can go through the asylum procedure or have to leave the Netherlands within 28 days after 4 September. The transition is phased.
Just after Russia’s invasion of Ukraine, the Netherlands generously welcomed refugees from Ukraine, including third-country nationals with a temporary residence permit (eg for work, study or asylum). This made the Netherlands one of the few countries in Europe.
State Secretary Eric van der Burg:
In principle, the majority of third-country nationals who have fled Ukraine can return to their country of origin. Unless they fear violence or persecution there, they can apply for asylum here. For this reason, last summer we decided as a cabinet to end the temporary protection for this group on 4 September.
Asylum application
In recent months, the IND has started processing asylum applications from third-country nationals who have indicated that they wish to remain in the Netherlands. Two groups were given priority: third-country nationals from safe countries and promising asylum applications from people from Yemen and Syria.
Of the third-country nationals who will soon no longer fall under the RTB, approximately 700 have indicated that they wish to go through the asylum procedure. This number may increase in the coming weeks. Third-country nationals whose asylum application is pending or has yet to be processed will be transferred to the COA in phases 6 weeks before and 6 weeks after 4 September.
For third-country nationals who have an ongoing asylum application on 4 September, the same rules apply to being allowed to work as for other asylum seekers. They may work a maximum of 24 weeks per year. Third-country nationals who still decide to apply for asylum after 4 September will submit a new asylum application, which means they will have to wait at least 6 months before being allowed to work.
leave the Netherlands
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 4 September. The (financial) return support vThe Repatriation and Departure Service (DT&V) can help them with this. Municipalities can offer third-country nationals shelter during these 28 days.
Third-country nationals who do not leave the Netherlands independently are illegal in the Netherlands and can be stopped by the aliens police and possibly placed in aliens detention.
Legally tested
A number of third-country nationals have appealed against the IND’s decision terminating their protection under the RTB. With a first ruling, the court of Rotterdam ruled that terminating the temporary protection for this group is possible and lawful. The temporary protection will therefore not be extended again for third-country nationals, because this raises unjustified expectations and delays the process. For those who have lodged an appeal, the temporary protection will also expire on 4 September and they will have to leave the Netherlands, unless the court decides otherwise.