The Dutch immigration authorities (IND) have announced that non-Ukrainians with a temporary Ukrainian residence permit will receive a letter from the Immigration and Naturalisation Service (IND).
- The IND will send three different letters to three different groups.
- In this letter the IND informs the third-country nationals about the consequences of stopping temporary protection for this group after March 4, 2024.
- These letters include more information about appeal and other court proceedings, reception, assistance with return and the residence document.
End of Temporary Protection in Certain Cases
The largest group of third-country nationals have no other permit to reside in the Netherlands, nor do they have an asylum or regular residence permit process in progress. The letter they will receive tells them, among other things, that temporary protection will end for them on 4 March 2024.
- Until that time they can make use of assistance with leaving the Netherlands by the Repatriation and Departure Service (DT&V).
- After March 4, 2024, they will no longer be allowed to work and they will have a time of 28 days to depart.
- They will be allowed to stay in the municipal reception centre up to and including April 1, 2024.
For these third-country nationals, the former return decision dated September 4, 2023 will be withdrawn. Anyone who has appealed against this will have their legal costs reimbursed. They will receive a new return decision before March 4.
The Asylum Process
Third-country nationals with a current asylum process will not receive a return decision. They are allowed to wait for the decision on their asylum application in the Netherlands. The IND will inform them in early February 2024 that the Service will continue processing their asylum applications after March 4, 2024. They are allowed to work under the normal requirements belonging to an asylum process.
Regular Residence
A small number of third-country nationals have a different right of residency, for example a regular residence permit. At the beginning of February 2024, they will receive a letter from the IND about the consequences of the termination. They will be allowed to reside in the Netherlands under the conditions of their permit, as long as it is valid.
Residence documents
The residence pass (Type O) of all third country nationals for whom the TPD will end, will no longer be valid after March 4, 2024. Anyone who has applied and still does not have a Foreign Nationals Identity Document (Type W) can pick this up at an IND desk. They can also surrender their old Type O passes there.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.