The Netherlands has set a deadline of March 4 for third-country nationals residing in Ukraine to remain in the country, as per a decision by the Council of State.

In a recent announcement, the Dutch national government stated that approximately 2,760 individuals who are not Ukrainian citizens residing in Ukraine under various residence permits must depart from the Netherlands within 28 days following the March 4 deadline. This requirement arises as these individuals are no longer covered under the Temporary Protection Directive (RTB).

Can The Non-Ukrainian Apply for Asylum in The Netherlands from Their Home Countries?

It is understood that the majority of these third-country nationals have the option to return to their home countries safely. In cases where they face potential threats such as violence or persecution in their native countries, they are eligible to seek asylum in the Netherlands. The State Secretary of Asylum and Migration, Eric van der Burg, expressed that this decision brings much-needed clarity to the affected individuals after uncertainty.

However, there are exemptions to this ruling. Individuals who are either in the process of seeking asylum or those who have already been granted a regular residence permit are not required to leave the Netherlands.

As per the records of the Immigration and Naturalization Service (IND), around 740 people have indicated their intention to seek asylum. Post-March 4, these individuals will be eligible for admission into the Central Agency for the Reception of Asylum Seekers (COA). Dutch municipalities have been requested to provide shelter to those with ongoing asylum applications until they can be moved to the Agency.

For those third-country nationals who have yet to apply for asylum but are contemplating it due to safety concerns in their home countries, they have the right to file a new asylum application. While awaiting the outcome, they are entitled to stay at COA facilities, but they are not permitted to work in the Netherlands during the first six months of their stay.

Individuals who do not wish to apply for asylum or whose applications have been denied must leave the Netherlands by April 1, 2024, at the latest. In the interim, Dutch municipalities will continue to provide accommodation to third-country nationals during this transition period.

Moreover, the government has informed households in the Netherlands hosting third-country nationals from Ukraine who were there on work or study permits before the conflict that these guests will lose their temporary protection status in the Netherlands starting March 5, 2024. Consequently, continuing to host these individuals may impact the host households' eligibility for certain benefits, including childcare, healthcare, and child benefit allowances.

FAQs

What is the new policy of the Netherlands regarding non-Ukrainian refugees?

The Netherlands has set a new policy, effective from March 2024, which mandates the exit of non-Ukrainian refugees. This policy mainly affects third-country nationals residing in the Netherlands under the Temporary Protection Directive. The decision is part of the Netherlands' broader refugee and asylum policy and aims to reassess the support and accommodation provided to refugees amidst the ongoing Ukraine crisis.

How does this policy impact third-country nationals currently in the Netherlands?

Third-country nationals, previously granted temporary protection in the Netherlands due to the Ukraine crisis, will now face a significant change. As of March 2024, these individuals will no longer be entitled to the benefits and protection previously afforded them. This includes the withdrawal of legal status, access to public services, and any form of government aid or refugee support previously available under the temporary asylum policies.

What are the responsibilities of host households in the light of the new policy?

Host households in the Netherlands, accommodating Ukrainian refugees and third-country nationals, will experience changes due to this policy shift. They need to prepare for the possible financial implications as government support may recede. This includes planning for the potential costs and logistics of the transition period following the March 2024 deadline. The households must also be aware of the legal aspects and ensure compliance with the new regulations set forth by the Dutch government.

What role did the Council of State play in this decision?

The Council of State in the Netherlands played a crucial role in this decision. As the highest advisory body to the government on legislative matters, its recommendations and decisions significantly impact policy-making. In this case, the Council's decision reflects a broader assessment of the Netherlands' refugee policy, especially concerning refugees' accommodation and support structures and the need to balance national resources and capabilities with humanitarian obligations.

How will this new policy affect the overall refugee accommodation in the Netherlands?

The policy will substantially impact the structure and management of refugee accommodation in the Netherlands. With the March 2024 deadline, the focus will shift from providing temporary asylum to third-country nationals to reassessing the nation's capacity to host refugees. This may lead to restructuring refugee accommodation facilities and services and reevaluating the Netherlands' refugee policy to align with the current geopolitical situation and domestic capabilities.