Staying in The Netherlands as an Ukrainian

maart 15, 2022

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;

(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 have received a positive decision on your mvv application.
You are in the Netherlands on a short-stay visa or in your visa-exempt term.

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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