As an Ukraininan you are allowed to travel to The Netherlands with a valid passport and to stay there for a year under the Temporary Protection Directive 2001/55/ec. It will allow you to work and live in The Netherlands and also qualify for health care under the Dutch laws.
I was told it is not handy to apply for asylum instead of the Temporary Protection (unless when it will end after a year or an extention for another year) because with Temporary Protection you can work and also go to another EU state when you get a job there and asylumcases are not decided at the moment so asylum will just have you waiting in an asylumcenter.
And I think that if you can qualify for a "normal" residence permit like Knowledge Migrant of familymember that is a safer option as this temporary protection will end when the war ends. You do not need an mvv now and the IND will be lenient when you lack certain documents and cannot get them due to the war.
Go to the local city hall and register yourself there. Many towns already have special programs to help people from Ukraine.
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So let us put some info down:
Temporary Protection Directive:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32001L0055
Article 8
1. The Member States shall adopt the necessary
measures to provide persons enjoying temporary protection with residence
permits for the entire duration of the protection. Documents or other
equivalent evidence shall be issued for that purpose.
2. Whatever
the period of validity of the residence permits referred to in paragraph
1, the treatment granted by the Member States to persons enjoying
temporary protection may not be less favourable than that set out in
Articles 9 to 16.
3. The Member States shall, if necessary,
provide persons to be admitted to their territory for the purposes of
temporary protection with every facility for obtaining the necessary
visas, including transit visas. Formalities must be reduced to a minimum
because of the urgency of the situation. Visas should be free of charge
or their cost reduced to a minimum.
Article 9
The
Member States shall provide persons enjoying temporary protection with a
document, in a language likely to be understood by them, in which the
provisions relating to temporary protection and which are relevant to
them are clearly set out.
Article 10
To enable the
effective application of the Council Decision referred to in Article 5,
Member States shall register the personal data referred to in Annex II,
point (a), with respect to the persons enjoying temporary protection on
their territory.
Article 11
A Member State shall take
back a person enjoying temporary protection on its territory, if the
said person remains on, or, seeks to enter without authorisation onto,
the territory of another Member State during the period covered by the
Council Decision referred to in Article 5. Member States may, on the
basis of a bilateral agreement, decide that this Article should not
apply.
Article 12
The Member States shall authorise,
for a period not exceeding that of temporary protection, persons
enjoying temporary protection to engage in employed or self-employed
activities, subject to rules applicable to the profession, as well as in
activities such as educational opportunities for adults, vocational
training and practical workplace experience. For reasons of labour
market policies, Member States may give priority to EU citizens and
citizens of States bound by the Agreement on the European Economic Area
and also to legally resident third-country nationals who receive
unemployment benefit. The general law in force in the Member States
applicable to remuneration, access to social security systems relating
to employed or self-employed activities and other conditions of
employment shall apply.
Article 13
1. The Member
States shall ensure that persons enjoying temporary protection have
access to suitable accommodation or, if necessary, receive the means to
obtain housing.
2. The Member States shall make provision for
persons enjoying temporary protection to receive necessary assistance in
terms of social welfare and means of subsistence, if they do not have
sufficient resources, as well as for medical care. Without prejudice to
paragraph 4, the assistance necessary for medical care shall include at
least emergency care and essential treatment of illness.
3. Where
persons enjoying temporary protection are engaged in employed or
self-employed activities, account shall be taken, when fixing the
proposed level of aid, of their ability to meet their own needs.
4.
The Member States shall provide necessary medical or other assistance
to persons enjoying temporary protection who have special needs, such as
unaccompanied minors or persons who have undergone torture, rape or
other serious forms of psychological, physical or sexual violence.
Article 14
1.
The Member States shall grant to persons under 18 years of age enjoying
temporary protection access to the education system under the same
conditions as nationals of the host Member State The Member States may
stipulate that such access must be confined to the state education
system.
2. The Member States may allow adults enjoying temporary protection access to the general education system.
Article 15
1.
For the purpose of this Article, in cases where families already
existed in the country of origin and were separated due to circumstances
surrounding the mass influx, the following persons shall be considered
to be part of a family:
(a) the spouse of the sponsor or his/her
unmarried partner in a stable relationship, where the legislation or
practice of the Member State concerned treats unmarried couples in a way
comparable to married couples under its law relating to aliens; the
minor unmarried children of the sponsor or of his/her spouse, without
distinction as to whether they were born in or out of wedlock or
adopted;
(b) other close relatives who lived together as part of
the family unit at the time of the events leading to the mass influx,
and who were wholly or mainly dependent on the sponsor at the time.
2.
In cases where the separate family members enjoy temporary protection
in different Member States, Member States shall reunite family members
where they are satisfied that the family members fall under the
description of paragraph 1(a), taking into account the wish of the said
family members. Member States may reunite family members where they are
satisfied that the family members fall under the description of
paragraph 1(b), taking into account on a case by case basis the extreme
hardship they would face if the reunification did not take place.
3.
Where the sponsor enjoys temporary protection in one Member State and
one or some family members are not yet in a Member State, the Member
State where the sponsor enjoys temporary protection shall reunite family
members, who are in need of protection, with the sponsor in the case of
family members where it is satisfied that they fall under the
description of paragraph 1(a). The Member State may reunite family
members, who are in need of protection, with the sponsor in the case of
family members where it is satisfied that they fall under the
description of paragraph 1(b), taking into account on a case by case
basis the extreme hardship which they would face if the reunification
did not take place.
4. When applying this Article, the Member States shall taken into consideration the best interests of the child.
5.
The Member States concerned shall decide, taking account of Articles 25
and 26, in which Member State the reunification shall take place.
6.
Reunited family members shall be granted residence permits under
temporary protection. Documents or other equivalent evidence shall be
issued for that purpose. Transfers of family members onto the territory
of another Member State for the purposes of reunification under
paragraph 2, shall result in the withdrawal of the residence permits
issued, and the termination of the obligations towards the persons
concerned relating to temporary protection, in the Member State of
departure.
7. The practical implementation of this Article may involve cooperation with the international organisations concerned.
8.
A Member State shall, at the request of another Member State, provide
information, as set out in Annex II, on a person receiving temporary
protection which is needed to process a matter under this Article.
Article 16
1.
The Member States shall as soon as possible take measures to ensure the
necessary representation of unaccompanied minors enjoying temporary
protection by legal guardianship, or, where necessary, representation by
an organisation which is responsible for the care and well-being of
minors, or by any other appropriate representation.
2. During the period of temporary protection Member States shall provide for unaccompanied minors to be placed:
(a) with adult relatives;
(b) with a foster-family;
(c) in reception centres with special provisions for minors, or in other accommodation suitable for minors;
(d) with the person who looked after the child when fleeing.
The
Member States shall take the necessary steps to enable the placement.
Agreement by the adult person or persons concerned shall be established
by the Member States. The views of the child shall be taken into account
in accordance with the age and maturity of the child.
CHAPTER IV
Access to the asylum procedure in the context of temporary protection
Article 17
1. Persons enjoying temporary protection must be able to lodge an application for asylum at any time.
2.
The examination of any asylum application not processed before the end
of the period of temporary protection shall be completed after the end
of that period.
Article 18
The criteria and
mechanisms for deciding which Member State is responsible for
considering an asylum application shall apply. In particular, the Member
State responsible for examining an asylum application submitted by a
person enjoying temporary protection pursuant to this Directive, shall
be the Member State which has accepted his transfer onto its territory.
Article 19
1.
The Member States may provide that temporary protection may not be
enjoyed concurrently with the status of asylum seeker while applications
are under consideration.
2. Where, after an asylum application
has been examined, refugee status or, where applicable, other kind of
protection is not granted to a person eligible for or enjoying temporary
protection, the Member States shall, without prejudice to Article 28,
provide for that person to enjoy or to continue to enjoy temporary
protection for the remainder of the period of protection.
Information on the IND site
Soon new scheme for residency Ukrainians
The
Netherlands and other EU countries are working on a scheme especially
for Ukrainians who want temporary protection. It is also being examined
what the scheme means for non-Ukrainians with a Ukrainian residence
permit who are now in the Netherlands. Because this is a new scheme, new
arrangements will be made. For example about:
Living in the Netherlands.
Access to health care services.
When you are allowed to work or study.
Soon
you will read more about this on this page. Until then, you do not have
to worry about your right to stay in the Netherlands.
(Wytzia: But the EU Regulation applies for you directly so also the rights mentioned in it - see under this page from the IND)
Applying for asylum not mandatory
Ukrainians
with a biometric passport can stay in the Netherlands for 90
days during the visa-exempt term. Are you in the Netherlands in your
visa-exempt term, on a short-stay visa, or with a residence permit? Then
you are allowed to stay in the Netherlands. You do not have to apply
for asylum. You also do not have to extend your visa-exempt term or
short-stay visa. There are no consequences if you stay longer in the
Netherlands. You can also get a sleeping place in one of the reception
centres of the municipalities.
Do you want to apply for asylum,
now or later? Then you have to wait a while before the IND considers
your application. The IND will not decide on asylum applications from Ukrainians in the coming months.
Medical care without insurance
Do
you urgently need medical care in the Netherlands and do you not (yet)
have insurance for this? The costs are compensated if it concerns
medical care that cannot be postponed. For example, in case of a
life-threatening illness. The compensation comes from a special
arrangement for people without insurance. Your doctor or practitioner
will request compensation for the costs. With the new scheme more will
become clear about arranging health insurance.
Flexible handling of residence permits Ukrainians
Do
you already have a residence permit in the Netherlands, or did you
apply for one? Or are you considering applying for one of the existing
residence permits? The IND is handling this flexibly in some cases.
Applying for a residence permit without mvv
As
a Ukrainian, it may temporarily be possible to apply for a residence
permit without a provisional residence permit (mvv). This means you do
not need to have traveled to the Netherlands with an mvv. You must
however meet the following conditions:
You have legal
residence in the Netherlands with a short-stay visa or visa-exempt term.
You cannot return to Ukraine because of the situation.
You
and your sponsor meet all the conditions for the residence permit,
except for the basic civic integration exam abroad. You do not need to
have passed this exam.
Check the conditions for the different residence permits on our website. As well as how to apply and how much it costs.
Exemption from collecting mvv
Have
you applied for a provisional residence permit (mvv) in Ukraine? Or has
you sponsor applied for you in the Netherlands? You temporarily do not
need to collect this mvv from the Dutch embassy, if you meet the
following conditions:
You
will soon be able to collect your residence permit at an IND desk. What
you have to do for this will become clear as soon as possible. You can
read this on this page.
Remaining in the Netherlands after residence permit has expired
Apply
for an extension of your residence permit if it will expire (soon). Is
extension not possible? The Dutch government understands you cannot
return due to the situation in Ukraine. This will also have no
consequences if you apply for a visa or residence permit in the future.
Assessment application for residence permit and naturalisation
Have
you applied for a residence permit or extension? The IND takes the
situation in Ukraine and your personal situation into account when
assessing your application. This also applies if you are currently
unable to send documents about your identity or marriage due to the
situation. Have you applied for naturalisation? The IND knows that it is
not possible at this moment to renounce your nationality.
Bron: https://ind.nl/en/ukraine/Pages/Staying-in-the-Netherlands-as-a-Ukrainian.aspx
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