Non-Ukrainian refugees’ temporary protection in the Netherlands ended this Monday. They have until the beginning of April to leave the country, though some are contesting the decision.
The Dutch Council of State (RvS) ruled in January that it would end the temporary protection for third-country nationals (TCN) on March 4th. Third-country nationals refer to people who had a temporary residence permit in Ukraine and fled the country due to Russia’s invasion in 2022. The temporary protection was part of an EU directive triggered shortly after the start of the war.
When approached for comment, the Embassy of Ukraine in the Netherlands stated it was not “in a position to comment on the Dutch Government’s decisions regarding third-country nationals.” Though it emphasised that it “continues to provide all necessary assistance to third-country nationals who intend to travel to Ukraine for business, study, etc.”
There are approximately 5,000 third-country nationals in the Netherlands, according to the Dutch Immigration and Naturalisation Service (IND). Almost half still qualify to receive temporary protection, as they have family members who do fall under the EU’s Temporary Protection Directive, for example. However, for 2,540 people, the future has become less certain.
TCNs who have received a residence permit to work or study in the country may remain until further notice. However, those without a residence permit will have until April 1st to leave the Netherlands.
Additionally, TCNs with pending asylum applications may remain in the country. This is the case for approximately 740 people, according to the IND. Those living in municipality accommodations will likely be relocated to a facility from the Central Agency for the Reception of Asylum Seekers (COA), as soon as space is available. This may take some time, however, as the COA has been struggling to meet the high number of asylum applications and the lack of space in its facilities.
“Every location of COA in the Netherlands is completely full, most centers are above 100%,” COA Press Officer Laura Bossink told The Northern Times.
At the end of last year, the EU Council extended the Temporary Protection Directive for Ukrainian refugees until March 4th, 2025. The Council of State’s ruling in January determined that this extension did not apply to third-country nationals, though some lawyers disagree.
“We think that this group is indeed entitled to protection until March 5, 2025, and that this ruling is based on an incorrect interpretation of EU law,” lawyer Marjon Ristra-Peeters told NOS.
The Temporary Protection Directive is a measure used to address the mass influx of displaced people from non-EU countries who cannot return to their country of origin, ensuring their immediate and temporary protection. Additionally, it sets out a series of obligations that EU countries have towards those who have temporary protection. Member states were allowed to decide individually whether this protection was extended to third-country nationals.
The EU Council unanimously triggered the Temporary Protection Directive on March 4th, 2022.
Last week, the UK Deputy Ambassador told The Northern Times he saw very strong support for Ukraine in the North of the Netherlands.
“A lot of people living in the villages and cities have welcomed Ukrainians. I was in Assen today and they have a thousand Ukrainians living there,” he said.
Image source: Raad van State/Tineke Dijkstra
