Temporary protection in the Netherlands may be cancelled for third-country nationals who left Ukraine after the outbreak of war

Some categories of refugees who left Ukraine after the outbreak of war may lose temporary protection. Find out who is at risk of losing protection

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The Dutch government is considering suspending the provision of temporary protection to third-country nationals who were in Ukraine at the time of the full-scale invasion but did not have permanent residence permits. This decision was made possible following a ruling by the Court of Justice of the European Union on 19 December.

Grounds for termination of protection

According to the ruling of the EU Court of Justice, member states have the right to restrict the granting of temporary protection to certain categories of persons. Protection obligations apply only to the following groups:

▪️ citizens of Ukraine and members of their families;

▪️ stateless persons and third-country nationals entitled to international protection, as well as their families

▪️ stateless persons and third-country nationals with a permanent residence permit in Ukraine who cannot safely return to their country of origin.

For the other categories, the granting of temporary protection remains a voluntary decision that each country can cancel at any time.

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Implications for affected persons

Cancellation of temporary protection for third-country nationals who do not have a permanent residence permit in Ukraine may result in the following consequences:

▪️ Loss of work permit. This will limit opportunities for employment and earnings in the Netherlands.

▪️ Limited access to social services. This includes the education system and the right to municipal housing.

▪️ The need to find alternative ways of legalisation. Many will be forced to apply for other forms of protection or consider returning to their countries of origin.

Voluntary nature of the decision

Initially, the Netherlands provided temporary protection to all those who had a residence permit in Ukraine, regardless of its type. However, later, the protection was limited to third-country nationals who only had a permanent residence permit. The EU Court of Justice emphasised that such a decision is voluntary and its duration depends on the discretion of the state.

Possibility of deportation

If the temporary protection for this category of citizens is cancelled, the persons concerned may face deportation. The Court noted that EU member states have the right to decide on the expulsion of those who have lost their right to stay.

What to do next?

For third-country nationals affected by this decision, it is important to assess their options for legalisation in the Netherlands. The available options include:

1. applying for international protection if there are grounds for asylum.

2. Finding a job and applying for a work visa.

3. exploring legalisation opportunities in other EU countries.

The decision of the Netherlands reflects changes in the approach to granting temporary protection in the context of the ongoing crisis. It is important for third-country nationals who have lost this protection to act quickly to avoid the risk of deportation and maintain their legal status in Europe.

We remind you! The Dutch tax authorities have lost a lawsuit against an employer and a Ukrainian employee, which caused a considerable stir. We told you how a refugee from Ukraine won the case and became eligible for the popular 30% ruling tax benefit, as well as what opportunities it opens up in the future.

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