Netherlands can't stop sheltering third country nationals before EU agreement expires

The government can’t prematurely stop sheltering third-country national refugees from Ukraine before the European agreements regarding protection for that group expire on March 4. The Council of State, the highest administrative court, determined this on Wednesday.

Third-country nationals are people who worked or studied in Ukraine as foreigners and had temporary residency permits there. When Russia invaded the country almost two years ago, they fled to other countries in Europe. In the Netherlands and other EU countries, they received the same temporary protection as Ukrainian refugees and third-country nationals with a permanent residency permit in Ukraine. They are allowed to live, work, and study here and are eligible for living allowances. It involves approximately 2,900 people, but it is not clear how many are still in the Netherlands.

After a few months, the Cabinet decided to no longer protect third-country nationals from Ukraine. The influx of refugees from Ukraine was too high, and the third-country nationals could also safely return to their country of origin to await the end of the war, the government argued. It planned to end the protection on September 4 last year.

Several third-country nationals challenged this decision in courts, resulting in contradicting verdicts. That is why the question about ending their protection ended up with the Council of State. The protection continued pending the Council’s ruling.

The highest court said that European countries had made agreements about protection for Ukrainians and for third-country nationals with a permanent resident permit. Countries were allowed to choose whether they would also take in third-country nationals with a temporary Ukrainian residency permit. The Netherlands decided to do so. That protection applies until March 4, and “the State Secretary had no legal option to shorten the duration of the protection himself,” the Council of State ruled.

After March 4, third-country nationals with temporary Ukrainian residency permits must leave the Netherlands. “After this date, these third-country nationals are no longer entitled to stay in the Netherlands under the Temporary Protection Directive. But they can apply for a residency permit on other grounds, like asylum.”

The protection of Ukrainians and third-country nationals with permanent residency permits runs until March 4, 2025. Europe extended their protection by a year in October.

Nothing changes about the current shelter, municipalities stress

It is not yet clear exactly what will happen after March 4, when the reception of third-country nationals from Ukraine ends. That is being sorted out. “Until that clarity is provided, nothing will change to the current reception and arrangements,” the Association of Dutch Municipalities (VNG) said.

According to the VNG, the Ministry of Justice and Security and the Immigration and Naturalization Service (IND) are studying Wednesday’s ruling. That should take them about a week. “The VNG understands this because it must be handled carefully. Municipalities are now being informed about their role in the implementation of the IND’s decision,” the association said.