Immigration

Netherlands | Dutch government confirms ending temporary protection for third-country nationals from Ukraine

Summary

As previously announced, the Dutch Immigration and Naturalisation Service (IND) has started carrying out previously announced plans to withdraw Temporary Protection Directive (TPD) status from non-Ukrainian nationals in the Netherlands. This measure is a result of the ruling issued by the highest Dutch appeals court on 23 April 2025, and can impact non-Ukrainian nationals currently residing and working in the Netherlands under the TPD.

The detail

The Temporary Protection Directive

Initial implementation and developments for non-Ukrainian nationals

The Temporary Protection Directive (TPD) was activated on 4 March 2022, in response to the Russian invasion of Ukraine, providing immediate and temporary protection to those fleeing the conflict. The Directive grants beneficiaries residence rights, access to the labour market of the country where they reside, accommodation, social welfare assistance, medical care, and other forms of support.

In April 2024, the Dutch government decided that the TPD status of non-Ukrainian nationals who had residence status in Ukraine at the time of the invasion could be withdrawn. This policy was based on the argument that those nationals only had temporary status in Ukraine and should therefore return to their home country, or their country of nationality, in the same way as they would likely have done were it not for the conflict.

Following a judgment from the Court of Justice of the European Union, the Dutch government halted any policy implementation pending a ruling from the Dutch Council of State (the highest Dutch court for immigration proceedings). On 23 April 2025, the Dutch Council of State ruled that the Dutch government had the right to withdraw the residence status of non-Ukrainian nationals under the TPD.

Consequences for non-Ukrainian nationals

The Dutch Immigration and Naturalisation Service (IND) has already started carrying out the policy for non-Ukrainians affected by this ruling. Depending on their individual circumstances, the following 3 scenarios may apply:

1. No appeal submitted: The (return) decision from the IND remains valid if no appeal against the return decision was filed in 2024 by the non-Ukrainian national. The non-Ukrainian national will receive a letter in the course of July 2025, requesting them to leave the Netherlands within 4 weeks as of 4 September 2025. During these 4 weeks, work is not permitted.
2. Awaiting for outcome appeal: If an appeal against the (return) decision of the IND back in 2024 has been filed, the non-Ukrainian national is allowed to await the ruling on the appeal. The rights under the TPD will remain intact for the non-Ukrainian nationals until the moment of the appeal ruling. This means that the ruling may end the right to work and stay. In addition, the IND may also issue a return decision to a non-Ukrainian national. Upon receipt of this return decision, in general, the non-Ukrainian national will be requested to leave the Netherlands as soon as possible and within 4 weeks from the date of the return decision.
3. Other immigration options: If the non-Ukrainian national applied for or obtained another type of Dutch residence permit, only the rights under this residence permit will apply as of 4 September 2025. The IND will issue a letter to the non-Ukrainian nationals in the course of July 2025 to confirm their new immigration status, including the applicable right to work. This could be the case for persons who currently have an employment-based permit, such as a Highly Skilled Migrant residence permit.

What this means for employers

As a result of the policy, employers should be aware of any employees who currently have a TPD status and who will be affected by this measure. Loss of the TPD status will also entail loss of related rights under the TPD, including the right to work. Employees who are impacted will be required to leave the Netherlands or apply for alternative residence status in the Netherlands, for example, under an employer-sponsored category.

Vialto will continue to monitor developments and any potential impact from a global mobility perspective.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Hugo Vijge
Director

Nini Braken-Zheng
Manager

Marijan Vrhovac
Senior Associate

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