Rights of third-country nationals from Ukraine
Third-country nationals with a temporary Ukrainian residence permit may remain in the Netherlands for now. On 23 April 2025 the Council of State held that the government could put an earlier end to the temporary protection of this group and that, as of 4 March 2024, they would no longer fall under the Temporary Protection Directive.
In addition, the Council of State confirmed the decision of the Court of Justice of the European Union that a return decision should not have been taken until eligibility for protection under the Temporary Protection Directive had ended. This means that the Immigration and Naturalisation Service (IND) will have to issue new return decisions.
Freezing measure for third-country nationals to end as of 4 September 2025
Until 4 September 2025 all third-country nationals will continue to be entitled to reception and related municipal services and they may continue to work in accordance with the rules that apply to displaced persons on the basis of the Scheme for the Reception of Displaced Persons from Ukraine (Regeling opvang ontheemden Oekraïne).
The following applies in the specific situations below:
- Third-country nationals who have submitted applications for judicial review (and who have applied for interim relief) may lose the right to reception and municipal services and the right to work, depending on when their individual case is handled by the district court. Each situation will be different because not all cases can be handled at the same time.
- Third-country nationals who have not submitted applications for judicial review will receive a letter from the IND stating that the freezing measure will stop from 4 September 2025. They will then have an additional four weeks to leave the Netherlands on their own. During this period they will still be entitled to reception and municipal services, but they will no longer be allowed to work.
- Third-country nationals with an open asylum application are entitled to reception from the Central Agency for the Reception of Asylum Seekers (COA).
- Third-country nationals with an open application for a regular residence permit are responsible for their own housing and income from the moment they are no longer entitled to reception and municipal services under the Scheme for the Reception of Displaced Persons from Ukraine (i.e. from 4 September 2025).
Third-country nationals must return to their country of origin as soon as all procedural steps have been completed.