In a ruling on 23 April 2025, the highest appeals court in the Netherlands ruled that temporary protection of non-Ukrainian nationals can be withdrawn from 4 March 2024. This is in line with Dutch government policy, which led to the withdrawal of rights under the EU’s Temporary Protection Directive for non-Ukrainian nationals who had temporary residence status in Ukraine at the time of the Russian invasion.
Initial implementation
The Temporary Protection Directive (TPD) was activated on 4 March 2022, in response to the Russian invasion of Ukraine, to provide 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. EU member states have successively extended the TPD, which remains valid until at least 4 March 2026. See our alert here on the latest extension of the Directive.
Subsequent developments
The Netherlands has implemented the TPD in full and initially granted the related rights to both Ukrainian nationals as well as non-Ukrainian nationals who were residing in Ukraine at the time of the Russian invasion. However subsequently the Dutch government decided that the TPD status of non-Ukrainian nationals who had temporary residence status in Ukraine at the time of the invasion should be withdrawn.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.
This policy was challenged in the courts and following appeals and a ruling from the Court of Justice of the EU, the Dutch Council of State (the highest Dutch court for immigration proceedings) confirmed that the Dutch government had the right to withdraw the residence status of non-Ukrainian nationals under the TPD. This is because, as confirmed by the top EU court, the TPD does not explicitly require member states to grant
temporary protection to non-Ukrainian citizens. However, the court did restrict applicability of the policy, mandating that the residence status of non-Ukrainian citizens under the TPD could not be withdrawn until 4 March 2024 or later.
This appeals ruling is in line with an earlier ruling on the policy by the Council of State in January 2024. See our previous alert here for further details.
As a result of this ruling, the Dutch Immigration and Naturalisation Service (IND) can withdraw the residence status of non-Ukrainian nationals who had a temporary residence status in Ukraine at the time of the Russian invasion. Loss of this status will also entail loss of related rights under the TPD, including work rights.
It is advisable for companies to ensure they are aware of any employees who have TPD status and who could be impacted by this ruling. Employees who are impacted will be required to leave the Netherlands or apply for an alternative residence status in the Netherlands, for example under an employer-sponsored category.
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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