Temporary Protection - Netherlands

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Temporary Protection - Netherlands | DIP EUAA

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The information on this page has been validated by the national administration.

The Netherlands transposed the Temporary Protection Directive in 2003 by the Aliens Act 2000 | Vreemdelingenwet 2000. The provisions were automatically activated with the implementing decision of the Council of the EU for displaced people from Ukraine. Following the latest extension, residence permits are valid until 4 March 2026.

The relevant national legislation transposing the Temporary Protection Directive include the following legislative acts:

Article 1, Aliens Act 2000 | Vreemdelingenwet 2000.

Regulations for the reception of displaced persons in Ukraine | Regeling opvang ontheemden Oekraïne

Area  Competent national authority Assistance to the competent authority (if applicable) 
Screening at the external border (if relevant)Immigration and Naturalisation Service | Immigratie en Naturalisatiedienst (IND) Royal Netherlands Marechaussee | KoninklijkeMarechaussee 
Biometric data (if relevant)Immigration and Naturalisation Service | Immigratie en Naturalisatiedienst (IND) Not applicable
Granting temporary protectionImmigration and Naturalisation Service | Immigratie en Naturalisatiedienst (IND)Not applicable
Issuing the residence permitImmigration and Naturalisation Service | Immigratie en Naturalisatiedienst (IND)Not applicable
Providing accommodationMunicipalitiesNot applicable
Medical care Municipal Health Service (Gemeentelijke Gezondheidsdienst, GGD) and general healthcare servicesNot applicable
Social welfareMunicipalitiesNot applicable

According to the Immigration and Naturalisation Service | Immigratie en Naturalisatiedienst (IND) and following the provisions of the implementing decision of the Council of the EU for displaced people from Ukraine, the following categories are eligible for temporary protection:

Ukrainian nationals who:

  • left Ukraine after 26 November 2021 or travelled to the territory of the EU in the period from 27 November 2021 to 23 February 2022 ;
  • can prove to already have resided in the Netherlands (whether legally or illegally) in the period before 27 November 2021 (e.g. due to a regular permit or an asylum application).

Non-Ukrainian nationals who:

  • were refugees recognised by Ukraine on 23 February 2022; or.
  • had a valid permanent Ukrainian residence permit on 23 February 2022; and
  • who left Ukraine after 26 November 2021. In addition, non-Ukrainian nationals are not eligible for temporary protection if they returned to their country of origin after 23 February 2022.

Family members of someone covered by the provisions, who have left Ukraine after 26 November 2021:

  • a partner (married or unmarried) and in a long-term relationship;
  • child under the age of 18 who is not married;
  • a family member who was living with the family and is (largely) dependent on this family.

If a displaced person enters the Netherlands and asks for temporary protection, the IND assesses if he/she is eligible for temporary protection. The categories of people who are eligible for temporary protection are outlined in article 3.9a of the Aliens Decree. If the displaced person is eligible for temporary protection, he/she has to lodge an asylum application in order to fall under the scope of temporary protection.

If a displaced person enters the Netherlands through an external border (either one of the airports or via the harbour) and applies for temporary protection, the IND, with the assistance of the Royal Netherlands Marechaussee, does an initial assessment (including a security screening) to check if the displaced person could fall under the scope of temporary protection. The full assessment happens later (See section 2.1).

Holders of a biometric passport can enter visa-free and stay in the country for a total of 90 days within the last 180 days. 

In the absence of a biometric passport, they are required to have a visa. Currently, a visa cannot be issued in Ukraine, but Ukrainian citizens may ask for visa at the Dutch embassy of neighbouring countries.

Health screening is not regularly performed when entering the country.

Information platforms (websites)

Leaflets

Contact lines

  • Red Cross Whatsapp number: +31 648158053;
  • Dutch Council for Refugees hotline: +31 (0)20 300 7000.

Registration

Persons displaced from Ukraine must report to a town hall in a municipality in order to be registered. They must provide proof of identity and nationality and an address to the local council in order to be registered. People without documents may request proof of identity and nationality from the Ukrainian embassy in the Hague. 

The municipality will conduct an initial assessment to determine if the person falls within the scope of the Temporary Protection Directive before registering them in the Personal Records Database (Basisregistratie Personen, BRP). 

Following this, the person must report within 4 weeks to the IND. The IND will assess whether they fall within the scope of the directive, including whether they have committed any criminal offences or if there are clear indications they receive temporary protection in another Member State. Upon confirmation that temporary protection is applicable, the IND will issue a proof of residence and the person must sign an asylum application form. Displaced persons from Ukraine are required to provide the IND with documentary proof of their identity and nationality and when they last resided in Ukraine. 

For more information on the registration process, see here.

Residence permitAfter registration, people aged 14 or older are given proof of residence with a sticker in their passport, a plastic card or on a separate piece of paper. These are valid throughout the validity of the Temporary Protection Directive.
Legal aidLegal assistance can be provided for by the Dutch Council for Refugees.
AppealObjections to rejections can be lodged within four weeks. Should IND decide the objection is unfounded, appeals in temporary protection cases can be lodged within four weeks of the reinforced decision to the District Courts on the basis of Articles 69 and 79 of the Asylum Act 2000. There is no automatic suspensive effect. The courts have six weeks to decide on the appeal. An onward appeal is possible before the Council of State.
Exclusion

Article 3.1 of the Aliens Decree states that temporary protection may be refused if: 

  1. there is a reasonable assumption that the displaced person committed an international (war) crime as referred to in article 1F of the UN Refugee Convention
  2. the displaced person poses a danger to the Dutch society due to a conviction of a particularly serious crime
  3. there are reasonable grounds to regard the displaced person as a danger to national security. 

This is derived from article 28 of the Directive.

Termination/WithdrawalTemporary protection may be terminated or withdrawn if the person with temporary protection no longer qualifies for temporary protection. For example, in case a non-Ukrainian national has returned to their country of origin for an extended period of time. Or in case of certain committed criminal offences.

Under the Regulation for the reception of displaced persons in Ukraine, the accommodation of applicants and beneficiaries of temporary protection is managed by municipalities, with the exception of unaccompanied minors.

Initial reception: Reception is organised by municipalities, according to safety regions. There are 25 safety regions in the Netherlands, and together they are expected to provide a total of 109.000 places.

The Dutch authorities have requested displaced persons from Ukraine to make every effort to find accommodation themselves or to report to a municipality for registration and accommodation.

In addition, a large pool of private initiatives provides shelters and accommodation for Ukrainians.

Accommodation: Normally, beneficiaries of international protection can move into a permanent home when they obtain proof of residency. The municipality decides where they will live and will try to take their personal circumstances into account.

Provision for means to obtain housing: Displaced persons from Ukraine are allowed to obtain private accommodation. They do not receive additional (financial) support if they decide to obtain private accommodation.

Other types of accommodation: Several NGO’s support displaced persons from Ukraine with accommodation. It is also possible for displaced persons from Ukraine to temporarily stay with Dutch host families.

RightsDescription
Access to the labour market

According to the information available on the IND website, people under temporary protection can work without a work permit. The conditions are the following: 

  • have an employment contract with an employer;
  • be registered in the BRP database;
  • obtained the proof of residency;
  • employers must notify the Employee Insurance Agency (UWV).
Access to medical careAs of 1 July 2022, people under temporary protection and registered with a citizen service number (BSN) are automatically covered by the Medical Care for Displaced Persons Regulation (RMO), which pays for basic health care.
Social welfare assistance and means of subsistence

Adults and children can receive a living allowance depending on their situation (e.g. whether they work, where they reside and the size of their family). Displaced persons from Ukraine who are eligible receive money for clothing, food and personal expenses. People living with a host family receive an additional allowance. If a person aged 18 or older is employed or receives government benefits, the living allowance will be stopped for the entire family. However, employed displaced persons are entitled to child-related benefits. 

The amounts of living allowance are available here.

EducationChildren of compulsory school age have the right to education based on the same conditions as citizens of the Netherlands, regardless of their legal status. Adults have the right to enrol in public universities, however they cannot receive student grants. Qualifications must be recognised by the Dutch Organisation for Internationalisation in Education or by the college or university where the person has applied.
Family reunificationFamily members who are also entitled to temporary protection include: a spouse, an unmarried partner with whom a long-term relationship has been established, an unmarried child under the age of 18 and a dependent family member who lives with the beneficiary.
OtherThe government made funds available for municipalities to provide voluntary Dutch language courses.

Unaccompanied minors from Ukraine are also registered with a Dutch municipality in the Personal Records Database. If they are determined by the municipality to be unaccompanied at the stage of registration, they are referred to Nidos. Following this, Nidos assesses whether applying for temporary guardianship is appropriate, possibly by contacting the parents of the minor remotely. The Child Protection Board will also carry out an investigation into the situation of the minor to determine the need for custody and will assign guardianship to Nidos.

Nidos is responsible for arranging the accommodation of unaccompanied minors, in consultation with the municipality. When Nidos arranges for a host family to take care of the child, the Child Protection Board carries out a judicial screening of the host family. Unaccompanied minors may also be accommodated in a small-scale reception facility managed by Nidos.

According to Article 15(1) of the Regulations for the reception of displaced persons in Ukraine, the municipality “shall take into account the specific situation of vulnerable displaced persons such as minors, persons with disabilities, elderly, pregnant women, single parents with minor children, persons with serious illnesses and persons with mental disorders”. Article 15(2) and (3) requires the municipality to determine the needs of the displaced persons. If special reception needs are identified, tailored support and guidance are offered.

There is no specific national process in place to detect vulnerabilities of displaced persons from Ukraine, nor any specific provisions in national legislation related to persons falling within the scope of the Temporary Protection Directive.

Displaced persons from Ukraine who are in need of psychosocial support can benefit from ‘Empatia’ which is a programme that links Ukrainians with Ukrainian psychologists to enable displaced persons to receive psychological support in their own language. Empatia is a partnership between VluchtelingenWerk Nederland (Dutch Council for Refugees), OPORA Foundation, and The Desk for Displaced Persons Ukraine Psychosocial Support (Loket Ontheemden Oekraïne PSH, LOOP).

 

As part of a European agreement, people residing in Moldova in UNHCR camps who are eligible for temporary protection in the Netherlands can be relocated to the Netherlands. However, this does not happen frequently or on a large scale, as it is currently challenging to provide shelter.

It is mandatory to first apply for international protection before a person can receive temporary protection. The asylum application provides the legal basis for temporary protection. The IND has currently put decision-making on the international protection applications on hold while the Temporary Protection Directive is still applicable.