News item | 14-10-2022 | 17:50
Since the outbreak of the war, more than 7 million Ukrainians have fled to European countries. Most of them reside in immediate neighboring countries. More than 80,000 refugees from Ukraine are registered in the BRP in the Netherlands. In response to this influx of refugees and in order to guarantee the same standards and rights to people from Ukraine in all EU Member States, the Council of the European Union introduced the Temporary Protection Directive (RTB) on March 4, 2022. This gives refugees from Ukraine the right to shelter, medical care, work and education. During the JHA Council on 14 October, the European Commission announced that it would extend the Temporary Protection Directive (RTB) for one year in its unaltered form.
Temporary Protection Directive
The Temporary Protection Directive (RTB) entitles refugees from Ukraine in the Netherlands to reception and medical care. But also on education for minor children. The RTB also gives the opportunity to work.
The directive was in effect until March 4, 2023 and has now been extended for a year. This means that the RTB will in principle expire on 4 March 2024. On a proposal from the Commission, the Council may decide in the future to extend the directive for another year. The temporary protection ends when the maximum duration has expired or sooner if the Council determines that a safe return to Ukraine is possible.
State Secretary Eric van der Burg:
“I fully support the extension of the Temporary Protection Directive. The end of the war is not yet in sight, so it remains necessary to receive refugees from Ukraine and to offer them a safe place. By announcing the extension now, the Commission is clarifying the status of temporary protection in the EU for refugees, national governments and, for example, entrepreneurs who want to keep Ukrainians employed. I think that’s a good thing.”
Who are covered by the RTB?
In the Netherlands, refugees with Ukrainian nationality who left Ukraine after November 26 are covered by the directive. Or people with Ukrainian nationality who had been in the Netherlands for a long time before 27 November 2021 (for example, for work and can no longer safely return). In addition, third-country nationals from Ukraine without Ukrainian nationality with a permanent residence permit are subject to the Directive, as are third-country nationals from Ukraine with a residence permit who enjoy national or international protection. Family members of these groups also fall under the directive.
Since July 19, third-country nationals with a temporary residence permit in Ukraine have been excluded from the RTB. They stayed in this country for work or study, for example. If they have registered in the BRP before July 19, 2022, their right to protection will expire on March 4, 2023.
Third-country nationals who no longer fall under the directive after 4 March 2023
On March 4, 2023, the right to temporary protection under the Directive for third-country nationals with a temporary residence permit in Ukraine who registered in the BRP before July 19 will expire. In total, around 6600 third-country nationals are registered in the BRP as refugees from Ukraine. This concerns both persons who still fall under the directive after 4 March and persons who no longer fall under the directive after 4 March 2023. The Immigration and Naturalization Service (IND) is now investigating which part of this group will no longer be covered. the directive falls.
In order to prevent this group from further burdening the asylum chain on 4 March 2023, a plan has recently been drawn up with involved parties, such as the Repatriation and Departure Service (DT&V), Vluchtelingenwerk Nederland (VWN) and the IND. approach for the group that will no longer be covered by the Directive after March 4, 2023. An important part of the third-country nationals comes from safe countries with a relatively small chance of asylum. Partly against this background, consideration is being given to deploying a targeted remigration policy that will give these persons the opportunity to voluntarily return to the country of origin with support before 4 March 2023. The feasibility of such a policy in the short term is currently being examined with the DT&V. In addition, Vluchtelingenwerk Nederland was asked to inform this group about the expiry of the temporary protection and the options available to them to return to their country of origin, to submit a regular residence application or to continue their asylum application if desired. The IND is currently working out how to deal with these asylum applications, in view of the current pressure on the asylum chain.