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Rights of third-country nationals from Ukraine

Refugees with a temporary residence permit for Ukraine (third-country nationals) may remain in the Netherlands for now. They will receive temporary protection until the Court of Justice of the European Union delivers a judgment. This does not apply to third-country nationals who have already left the Netherlands.

The Council of State, the highest court in the Netherlands, decided in early 2024 that the State Secretary for Justice and Security was allowed to end temporary protection as of 4 March 2024.

Several third-country nationals lodged objections to this decision. Different district courts decided differently on these objections.

On 25 April 2024, the Council of State decided to ask the Court of Justice of the European Union (CJEU) to give judgment on this matter.

Consequently, the State Secretary for Justice and Security decided that third-country nationals in the Netherlands will continue to fall under the Temporary Protection Directive for now. They will remain entitled to accommodation, a subsistence allowance and medical care, and will be allowed to work. It may take several months for the CJEU to give judgment.

What does this mean for third-country nationals?

  • Third-country nationals will receive temporary protection until the Court of Justice of the European Union delivers a judgment, but in principle until 4 March 2025 at the latest.
  • Third-country nationals are entitled to accommodation, a subsistence allowance and medical care, and are allowed to work in the Netherlands.
  • Third-country nationals whose asylum application has been denied may also stay in the Netherlands until the Court of Justice of the European Union delivers a judgment.
  • Third-country nationals who are living in accommodation provided by the Central Agency for the Reception of Asylum Seekers (COA) are to remain there.
  • Third-country nationals will receive a letter from the Immigration and Naturalisation Service (IND) as soon as possible with more information, including about their proof of residence.