October 2023
Impact: High
Summary
On 28 September 2023, EU member states agreed to extend the validity of the current EU Temporary Protection Directive (TPD) until 4 March 2025. The Dutch government has implemented this extension automatically. This means that Ukrainians in the Netherlands will be able to continue to enjoy the current protection such as shelter, medical care, work rights and education based on the TPD until at least 4 March 2025.
What this means
The extension of the TPD means that the rights of Ukrainians and other beneficiaries of the Directive would also be extended, including work rights. This is relevant for employers who employ Ukrainian nationals or other individuals whose work rights are linked to the TPD.
In this respect it is relevant to note that beneficiaries of the TPD will have received a residence card or passport sticker as proof of their rights in the Netherlands. In addition, employers are required to notify the Netherlands Employees Insurance Agency (UWV) when hiring a beneficiary of the TPD.
Finally, the Dutch government has been reviewing its policy for non-Ukrainian nationals who are covered by the TPD, for example because they resided in Ukraine on the basis of a residence permit before the TPD took effect. Currently, these individuals are permitted to remain in the Netherlands, however the Dutch Council of State is due to issue a final ruling on an pending appeal to determine the rights of this group of individuals. This group can expect to receive a letter from the Immigration and Naturalisation Service (IND) about this temporary extension. As long as the Dutch Council of State has not yet issued a final ruling, they retain the same rights as Ukrainian nationals in the Netherlands under the TPD.
How we can help
Feel free to reach out to your Vialto Partners contact for more information on this extension of the TPD.
Vialto Partners will closely monitor this development and we will ensure businesses and individuals can prepare for any upcoming changes.
Contact us
For further details on the above, please do reach out to your usual Vialto Partners contact or alternatively contact
● Nini Braken-Zheng, Senior Immigration Advisory Associate, nini.braken-zheng@vialto.com
● Hugo Vijge, Director, Europe Immigration Advisory Lead, hugo.vijge@vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com
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