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Ukrainian 
As of April 1st 2022 displaced persons from the Ukraine fall within the scope of the EU Directive 2001/55/EG, the so-called “Temporary Protection Directive”. The Temporary Protection Directive allows the Ukrainian national to work, have health care, living allowance and education for minor children in the Netherlands until March 4th 2023. This period can be extended for 6 months until a maximum of one year. The European Commission may extend for another year. Consequently, the period can be extended for a maximum of three years.
Eligibility for temporary protection in the Netherlands
The following displaced persons are covered by the Directive:
1) Ukrainian nationality
- The Ukrainian national left the Ukraine after November 26th 2021
- The Ukrainian national left the Ukraine before November 27th 2021 and has been in the Netherlands with a residence permit or an application for asylum. The Ukrainian national did not live in another EU country before November 27th 2021.
- The Ukrainian national lived in the Ukraine on February 23rd 2022
2) The foreign national does not have the Ukrainian nationality
- On February 23rd 2022 the person lived in the Ukraine and received international protection (refugee)
- On February 23rd 2022, the foreign national was in the possession of an Ukrainian residence permit
All family members of the above categories fall within the scope of the Directive. Family members are: partner (married or unmarried) and have a long-term relationship; child under the age of 18 and not married; the family member was living with the displaced person and was (largely) dependent on the family.
Travelling and staying in the Netherlands
The above-mentioned categories of displaced persons may enter the Netherlands on their passports (or any other documentation showing their nationality) and stay for a 90 within 180-day period. If they will exceed the 90-180 day period, registration in the Personal Data Base (BRP) of the municipality must take 107894977 v1 24 place. This registration can take place with a passport, proof of identity or a Ukrainian residence permit that was valid on February 23rd 2022. The BRP registration will trigger off the BSN (social security number) number allowing the nationals to work in paid employment and to, for example, open a bank account. After the BRP registration has taken place, it will be possible (forms will be available any moment now) to apply for specific temporary residency in the Netherlands. This form is typically used for asylum cases, although the displaced person will not fall under the normal asylum procedure. The form is merely needed for registration purposes in the database system of the Dutch Immigration- and Naturalization Service (IND).
Furthermore, a decision will be taken straight away (instead of the 21-week decision taking period for asylum cases) and the foreign national will receive a certificate proving that work and residing in the Netherlands is allowed. This certificate was provided in the form of an endorsement sticker that was placed in the passport of the Ukraine national.
As of November 1st 2022 the appointment possibilities to receive the endorsement sticker in the passport are no longer available and are temporarily full. In this respect an appointment must still be made but they are only available from December 1st onwards.
Proof of legal stay in the Netherlands for Ukrainian nationals
The proof that the Ukrainian national has legal stay in the Netherlands has now changed:
Sticker or card
For those aged 14 or older, proof of residency will be given (up to the age of 14 proof of residence is not required). This is no longer only the endorsement sticker, but proof can also be given in the form of a separate piece of paper or a card (O-document) depending entirely on the following situation:
Endorsement sticker in passport for
- Ukrainian women.
- Ukrainian men aged 60 or over (on 24 February 2022).
Sticker on a separate piece of paper for
- Ukrainian men under 60 years old (on 24 February 2022).
- The individual has an identity card or statement from the Ukrainian embassy (no passport).
- The individual only has an internal Ukrainian passport.
- The Ukrainian national has a passport that is expired. Or expires before 4 March 2023.
Receipt of an O- card
- The Ukrainian national does not have a passport, identity card or statement from the Ukrainian embassy, but does fall under the Directive.
- The Ukrainian national is child aged 14 or over without proof of identity (passport).
- The individual does not have Ukrainian nationality and has a passport that has expired. Or expires before 4 March 2023.
Please do note that the registration in the municipality where the Ukrainian national is living is still mandatory and must be made before the above proof of residency can be obtained.
Additionally, please also note that it will remain possible to apply for asylum. If the decision has not been taken within the period of the Temporary Protection Directive, then a decision will be taken after the expiration of the specific period. If the asylum application is denied, the displaced person must still be offered temporary protection.
Working in the Netherlands
Work authorization is not required, the displaced person may work in the Netherlands without a work permit. The employer must notify the Dutch Labor Office (UWV) at least two days prior to the start date of the employment of the working activities (the employer risks a fine under the Dutch Foreign Employment Act if this mandatory notification does not take place). The following requirements must be met with:
1) Registration in the BRP has taken place.
2) There is sufficient proof (documentation) that the displaced person may remain in the Netherlands.
The UWV will send a letter confirming the registration.
The above requirements are applicable to work as a volunteer or as a trainee. At the moment there is not an exemption for work as a self-employed person and the self-employed displaced person will need to follow the formal self-employment route.
The Netherlands is only allowing for work permit exemptions for displaced persons working in employment, as a volunteer or a trainee. Later it may be decided to extend the exemption to self-employment but for now the formal route will need to be followed. In this respect, the foreign national will need to establish a company in the Netherlands or become a shareholder of an existing company. The person will be considered self-employed as soon as there is a minimum of 25% ownership in the company.
The self-employment route is a cumbersome and long procedure with little chance of success. The activities that will take place must serve a Dutch essential interest and the product or service must be innovative in nature. This essential interest is assessed on a point-based system consisting of 3 parts:
- Personal experience
- Business plan
- Added value for the Netherlands (innovation, investments, employment creation).
At least 90 points are needed with a minimum of 30 points for each part. I have attached the list providing information on the points that can be scored.
The application procedure can easily take 6 months. The Dutch Immigration Authority will involve the Netherlands Enterprise Agency (RVO) to assess the essential interest. The IND will take a decision based on this information.
The self-employed person may provide services (within the scope of the company) to Ukrainian/EU/non-EU registered companies.
Permanent residence in the Netherlands
As the right to residency in the Netherlands under the “Temporary Protection Directive” is of a temporary nature, it is not possible to build up residential rights leading to permanent residency. In this respect, it is advisable for displaced persons to apply for a residence permit and work authorization under the Dutch Foreign Employment Act (and in so far as currently appropriate). By filing under the Foreign Employment Act, the displaced person will receive a residence permit based on non-temporary purposes and leading to permanent residency after five consecutive years. The following procedures can be considered:
To employ a person under the highly skilled workers (HSW) procedure, the Dutch employer must have the status of ‘recognized sponsor’ and can submit applications for the above category of displaced persons to obtain immigration visas and residence permits based on the employment. To qualify as an HSW, the foreign national must receive a salary meeting the amounts specified below:
Standard amounts for residence as a highly skilled migrant | Amount per month excluding holiday allowance
Highly skilled migrant older than 30 years | €4.840
Highly skilled migrant younger than 30 years | €3.549
Alternative to the HSW procedure, it is possible for a displaced person to obtain residence based on the EU Blue Card.
The main differences with the HSW status are:
- It is not required that the Dutch BV is a trusted sponsor. However, the application process will then take much longer (up to 3 – 4 months).
- The salary amount required under the EU Blue Card is age independent and higher: € 5.670 gross salary per month exclusive of 8% holiday allowance.
- The EU Blue Card requires a university degree that can be compared to a three year Dutch bachelor’s degree. The diploma will need to be validated (which procedure takes approximately 6 – 7 weeks).
- The employee will receive a minimum contract of one year.
The EU Blue Card allows for a limited amount of mobility rights within the EU which the HSW status does not offer. After having been in the possession the EU Blue Card for at least 18 months, the employee may move to another EU country without losing the built-up rights in the first country. This will help when applying, for example, for permanent residency. The accumulated years of stay in the first year can be counted to reach the 5-year term that is required for permanent residency. Please do note that each EU country has its own EU Blue Card conditions such as a minimum salary threshold and criteria for the diploma validation.
As of April 1st 2022 displaced persons from the Ukraine fall within the scope of the EU Directive 2001/55/EG, the so-called “Temporary Protection Directive”. The Temporary Protection Directive allows the Ukrainian national to work, have health care, living allowance and education for minor children in the Netherlands until March 4th 2023. This period can be extended for 6 months until a maximum of one year. The European Commission may extend for another year. Consequently, the period can be extended for a maximum of three years.
Applications filed under the ICT permit must meet the following conditions:
- The transferee qualifies as a manager, specialist or trainee and has been employed by the sending company for at least three months.
- The employee will be assigned from the sending entity in the Ukraine to a Dutch company belonging to the same undertaking or corporate group.
- The applicant must have had his/her main place of residence outside the Netherlands for at least three months prior to the application.
- The transferee will remain employed by the sending entity and will not enter into a local contract.
- The salary must be in line with market conditions (the monthly salary thresholds for HSW).
- Short- and long term assignments are applicable. The Member State of first entry should be the Member State of the longest residence.
It is not required that the Dutch BV is a trusted sponsor. The application process will then however take much longer (up to 3 – 4 months). The IND will request a fee of € 345 for the ICT application.
As of April 1st 2022 displaced persons from the Ukraine fall within the scope of the EU Directive 2001/55/EG, the so-called “Temporary Protection Directive”. The Temporary Protection Directive allows the Ukrainian national to work, have health care, living allowance and education for minor children in the Netherlands until March 4th 2023. This period can be extended for 6 months until a maximum of one year. The European Commission may extend for another year. Consequently, the period can be extended for a maximum of three years.
Additional questions
You say that the self-employment route has little chance of success. Are you able to provide any background to this – e.g. v. low % approval rate? Specific requirements which are very difficult to meet? It seems that if this really is extremely difficult, the best option is to establish an entity in the Netherlands in which the person has less than 25% shareholding and to then set them up as an employee. Is that correct?
Yes the procedure is extremely difficult. The product or service must be innovative, and it must serve a Dutch essential interest. That is to say, the product or service must be new to the Netherlands. I agree with you that the best option will then be to establish an entity in the Netherlands in which the employee has less than 25% of the shares.
You have mentioned you get right to work, residence and bank account but any other rights through temp protection ie health care? Social benefits?
Correct, they will receive health care. If the displaced person has work, it is mandatory to apply for a health insurance. They will receive € 60 per week per person to pay for their daily needs. If they are living with host families they will receive € 135 per week per person. As soon as the displaced person has work, these amounts will no longer be applicable.
Our understanding is that neither TP or asylum lead to permanent residence. Please confirm if that is correct.
TP does not lead to permanent residence, asylum does assuming that the grounds for asylum still exist after 5 years of consecutive stay.
If a person obtains TP and then applies for asylum, given that they have the right to work as an employee with TP, will they be able to continue to work pending the asylum decision.
Yes
Is it correct that to meet the Schengen 90/180 rule, Ukrainians should apply for TP within 90 days of arriving in the Netherlands.
To meet the Schengen rule, the Ukrainian national must register in the Personal Data Base of the municipality as soon as possible (but within 3 months).
