Juridical information for people coming from Ukraine

https://www.svma.nl/informatie-oekraine/information-ukraine

Specialisten vereniging migratierecht advocaten 
p/a Zumpolle Advocaten

Right of residence for people from Ukraine

As a result of the Russian military invasion of Ukraine, many people have left their country. Many people have also arrived in the Netherlands in the search for a safe haven. The Immigration and Naturalization Service (IND) has indicated that due of the war, there is a lenient attitude towards people fleeing Ukraine. The IND is currently setting up processes to regulate the right of residence of people from Ukraine in the Netherlands.

Free term and short stay visa
In 2017, the European Union concluded an association agreement with Ukraine. Thanks to a regulation, Ukrainians with a biometric passport are allowed to stay in the Netherlands for 90 days. This is called the free term. It is possible for Ukrainians with ordinary passports to apply for a short stay visa. This also gives a 90-day stay in the Netherlands. To be eligible for the free term and a short stay visa, all the conditions of the Schengen Borders Code must be met.

The IND has indicated that it will be made possible to extend the free period or the short-stay visa to a maximum of 180 days. Moreover, the IND has indicated that residents of Ukraine who exceed the maximum terms will not experience any problems in connection with the current situation.

Temporary protection under the Directive (2001/55/EC)
Under the Temporary Protection Directive in the event of a mass influx of displaced persons, documented people from Ukrainia who were displaced on or since 24 February 2022 can receive temporary protection.The purpose of this Directive is to provide immediate and collective protection in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin.

Under the Directive, protection can be given for a period of 1 year. If the situation in Ukraine does not improve, this period can be extended twice by six months. After 2 years, protection can be granted for another 1 year, if the European Commission grants permission for this. Temporary protection under Directive 2001/55 can therefore be granted for a maximum period of no more than 3 years.

Directive 2001/55 that people who fall under the directive have the right to a residence document, access to the labor market and education, (decent) housing, social assistance, medical care and family reunification. Under the Directive, Member States may provide that temporary protection and the status of asylum seeker cannot be granted at the same time.

Documented people with Ukrainian nationality are eligible for temporary protection. Temporary protection under the Directive also applies to third-country nationals and stateless persons who stayed in Ukraine with an asylum permit before 24 February 2022 and who have fled the country since that date. It is still unclear whether undocumented Ukrainians and third-country nationals with a temporary residence permit in Ukraine will also fall under the protection of the directive.

Asylum
If there are valid reasons to become a victim of persecution or indiscriminate violence in situations of an armed conflict in the country of origin, an asylum application can be submitted. People who apply for asylum in the Netherlands are entitled to a procedure and reception. Since February 28, for a period of 6 months, no decisions will be made on Ukrainian asylum applications and no Ukrainians will be deported if the residence application is rejected.

Reception, registration and medical care
Special reception locations are currently being opened in various Dutch municipalities. These reception locations offer sleeping places for people with Ukrainian nationality, including people with a Ukrainian residence permit. Everyone who is entitled to stay in Ukraine is now entitled to reception by the municipality. The municipalities will soon start registering Ukrainians in the Personal Records Database (BRP).

People from Ukraine who currently reside in the Netherlands are entitled to necessary medical assistance, even if no insurance has yet been taken out.

Flexible conditions for a residence permit
Temporary Ukrainians can apply for a residence permit without a provisional residence permit (MVV). This is possible if there is already lawful residence in the Netherlands on the basis of a short stay visa or during the free term and all conditions for the residence permit are met. There is currently an exemption from the basic civic integration exam abroad.

If an MVV has already been applied for, it no longer needs to be collected at a Dutch embassy. This is possible if a positive decision has been received on the MVV application and there is lawful residence on the basis of a short-stay visa or during the free period.

Advice
Members of the SVMA specialize in immigration, asylum and refugee law. The lawyers can advise on residence rights in the Netherlands.

More information
There are still many things unclear about the right of residence, reception and facilities for people who have fled Ukraine. On this page we provide information as far as it is currently known. We will revise this information as changes occur.

For detailed information, we refer to the informative blog of Marcelle Reneman: "Asiel voor Oekraïners" of March 3, 2022.

Contact

Specialisten vereniging migratierecht advocaten 
p/a Zumpolle Advocaten
Biltstraat 101 
3572 AL Utrecht

 +31 30 233 32 48 
 info@svma.nl

KvK: 30259866
BTW: NL 820693649B01