Third-country nationals: right to temporary protection pending Council of State’s decision

On 2 September 2023, the State Secretary for Justice and Security decided to extend temporary protection under the Temporary Protection Directive for third-country nationals from Ukraine, which was set to end on 4 September 2023, until the Council of State issues its decision in appeal proceedings. This decision will provide guidance on whether temporary protection for this group may be ended. The Council of State is the highest administrative court in the Netherlands. Its guiding decisions are almost always followed by other courts. 

As a third-country national you may remain in the Netherlands until the Council State issues its decision. During this time you will still be entitled to accommodation and a subsistence allowance. The Immigration and Naturalisation Service (IND) has sent you a letter about this temporary extension. You can use that letter and your ‘O document’ pass to prove that you are allowed to remain in the Netherlands and that you retain the same rights under the Temporary Protection Directive.

Temporary protection has also been extended pending the Council of State’s decision for third-country nationals who did not themselves appeal the IND’s decision to end temporary protection. 

This means you do not need to apply to the court for interim relief. If you do not agree with the IND’s decision to end your temporary protection, it is important that you still appeal this decision within 4 weeks of the date of the decision.

Your rights as a third-country national pending the Council of State’s decision

Until the Council of State issues a decision, you, as a third-country national, are: 

• entitled to accommodation
  If you have already moved from municipal accommodation to COA accommodation, you should in principle remain in your COA accommodation. If you have questions about this ask the COA staff at the facility where you are staying
• entitled to a subsistence allowance
• allowed to work
• entitled to medical care.

Third-country nationals staying with a host family: income not taken into account

If you are staying with a host family, your income will not affect your hosts’ tax payments or benefits or allowances for as long as you fall under the Temporary Protection Directive. 

In September 2023 your hosts may see a lower allowance or benefit amount on their ‘Mijn toeslagen’ page on the Tax Administration website. The Tax Administration will correct this as soon as possible. 

What this means for your asylum application

Your asylum application is on hold
If you have applied for asylum, your application will remain on hold pending the Council of State’s decision. This means the Immigration and Naturalisation Service (IND) will not look at your application yet. 

Asylum application denied: you may stay in the Netherlands temporarily
If your asylum application has already been denied, you can stay in the Netherlands for the time being. The Temporary Protection Directive applies to you until the Council of State issues its guiding decision. 

What this means for your application for a residence permit for work or study

Your application will be processed
If you applied for a residence permit for work or study, your application will be processed. The IND will inform you about the outcome. 

If you have already left or are about to leave the Netherlands
If you have already left the Netherlands and you received money or extra support from the government, you are no longer entitled to temporary protection. By leaving, you waived the right to temporary protection. This means the extension does not apply to you.

If you registered for voluntary departure, but have changed your mind and want to await the Council of State’s decision in the Netherlands, you can do so. You can register for voluntary departure at a later time. The remigration support provided by the Repatriation and Departure Service (DT&V) will remain available until the Council of State has issued a definitive decision on the residence rights of third-country nationals in relation to Temporary Protection Directive.