Accommodation third-country nationals ends after 4 March 2024
Third-country nationals from Ukraine are obliged to leave the Netherlands within 28 days after 4 March. This is a consequence of a decision delivered by the Council of State. The highest judicial body determined at the start of this month that what are known as third-country nationals are no longer entitled to residence under the Temporary Protection Directive (RTB) after 4 March. It concerns a group of approximately 2,760 people who do not have Ukrainian nationality, but who resided there on the basis of a temporary residence permit for work or study for example.
An exception to the mandatory departure of third-country nationals applies if they have a pending asylum application or have been issued with a regular residence permit, such as a study or work visa.
According to State Secretary Eric van der Burg of Asylum and Migration, the majority of third-country nationals can safely return to the country of origin. “Unless they have grounds to fear violence or prosecution, in which case they can apply for asylum here. It is good that there is now clarity for this group of third-country nationals after a long period of uncertainty.”
Asylum application
Approximately 740 third-country nationals have already informed the Immigration and Nationalisation Service (IND) that they wish to continue their asylum application. This group will remain entitled to accommodation at the Central Agency for the Reception of Asylum Seekers (COA) also after 4 March. Municipalities have been requested to continue to accommodate third-country nationals with pending asylum applications until they can be transferred to the COA.
Third-country nationals who did not previously inform the IND that they wish to continue their asylum application, may submit a new asylum application to the IND if they are of the opinion that they cannot return to the country of origin because they are not safe there. They remain entitled to accommodation at the COA, but they are not permitted to work in the Netherlands for the first six months.
Departure
Third-country nationals who do not apply for asylum or whose asylum application has been rejected are required to leave the Netherlands within 28 days after 4 March. Municipalities will continue to accommodate third-country nationals during this period; the Central Government will reimburse the related costs. The remigration policy of the Repatriation and Departure Service (DT&V), which runs up to and including 4 March 2024 may assist third-country nationals in their departure.