Dutch judicial authorities have ruled that certain third-country nationals who are non-Ukrainians will no longer qualify for residence under the temporary protection directive after March 4.

‌Key Points:

  • The highest judicial body, the Council of State, delivered a recent decision regarding a group of approximately 2,760 people who do not have Ukrainian nationality but who reside in the Netherlands on the basis of a temporary residence permit for work or study.
  • The ruling states that these individuals are no longer entitled to residence under the temporary protection directive.
  • As such, third-country nationals can either apply for asylum or must exit the country within 28 days after March 4.

Additional Information: Those who have a pending asylum claim or received a regular residence permit are exempted from the requirement. Approximately 740 individuals have already informed officials that they intend to apply for asylum. Third-country nationals are still entitled to submit a new asylum application at this time if they believe it’s unsafe to return to their home country.

BAL Analysis: Local municipalities will continue to accommodate third-country national refugees who do not have Ukrainian nationality but who hold a temporary residence permit in Ukraine for study or work. As of March 5, those individuals will no longer receive temporary protection. Host households should be aware of the financial implications after this date and understand their new obligations.

This alert has been provided by the BAL Global Practice Group.

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