The Netherlands may revoke temporary protection for foreign nationals from Ukraine: details

The Netherlands has been granted the right to terminate temporary protection for certain persons who arrived from Ukraine after the start of the war. The Council of State has confirmed the legality of such actions based on a ruling by the EU Court of Justice. Find out who will be affected by the new rule and which categories of refugees will be able to stay.

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Foreign citizens who found refuge in the Netherlands after fleeing war-torn Ukraine may now lose their temporary protection. The decision was made by the Council of State, the highest administrative court in the Netherlands, according to Eurointegration.

What is the essence of the case?

This concerns third-country nationals who do not have Ukrainian citizenship but were temporarily residing in Ukraine at the start of the invasion. After the full-scale war began, they were forced to flee to the European Union, where they were granted temporary protection. However, since March 2024, the Dutch authorities have begun to refuse to grant further asylum to such persons.

After three lawsuits were filed by the victims, the case reached the European Court of Justice. In December 2024, the EU Court ruled that the termination of temporary protection for this category of persons was lawful and confirmed the right of Member States to take such decisions independently.

‘The European Union does not oblige countries to continue granting temporary protection to third-country nationals who were temporarily residing in Ukraine. This remains at the discretion of the national authorities,’ the ruling states.

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Decision of the Dutch court

Based on this clarification, the State Council officially confirmed that the Netherlands may terminate temporary protection for foreigners who have left Ukraine if they are not Ukrainian, stateless or did not have permanent residence in Ukraine.

Thus, on 4 March 2024, the government acted within the law when it terminated temporary asylum for this group of people.

What about those who arrived earlier?

At the same time, decisions on the deportation of foreign nationals taken before the above date were cancelled. This may have been due to procedural violations or the lack of legal grounds at the time.

Support for Ukrainians continues

It is important to note that Ukrainian citizens can still count on support in the Netherlands. This is especially true for those who are officially employed and pay taxes. According to data from November 2024, more than half of Ukrainian refugees in the Netherlands (about 60%) were officially employed.

Thus, Ukrainians remain a priority for temporary protection, while persons of other nationalities, even those who have arrived from the combat zone, may be excluded from this programme.

If you need migration assistance, contact the specialised lawyers at Visit Ukraine. Our experts will help you understand the legalisation options, prepare the necessary documents and accompany you throughout the application process.

We remind you! Mass employment of refugees is a new social policy in the Netherlands. We reported on how more than 40 companies are changing the rules of the game in the labour market.

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