Status Ukrainian Refugees
Strictly speaking, Ukrainian refugees who have registered are eligible for an asylum permit. This application for residency falls under the scope of the Temporary Protection Directive and was officially started after the persons registration with the municipality. However, because it concerns an asylum application the applicants still have to sign and submit a so-called M35H form. Ukrainian refugees who have not yet done so, will need to do so with an appointment at the IND.
Because the Ukrainian refugees are covered by the Temporary Protection Directive, their rights and the procedure are different from the ordinary asylum application. People are allowed to work in the Netherlands immediately, while an “ordinary” asylum applicant is only allowed to do so after six months. Above all, the IND will not assess the asylum application as long as the speciale protection guideline applies (at least until March 4, 2023). As a result, Ukrainian refugees will not be interviewed until then and will not receive a decision on their asylum applications. However, the applicants are legal here and are allowed to work here. For this, the Ukrainian refugees must collect proof of lawful residence from the IND.
Proof of lawful stay
As proof of residence in the Netherlands, the person concerned will receive either a sticker in the passport or a separate piece of paper. In some cases, the applicants will receive a residence card (this is called an O-document). If the person concerned will receive a residence card, a digital photo will and fingerprints will be taken (biometrics) during the appointment and the card will be ready after 2 or 3 weeks. Residence sticker, loose paper and residence card all give the same rights. It therefore makes no difference which document he/she receives.
To make an appointment, you can make an appointment via the IND website since 1 July 2022.
One needs to bring the following to the appointment:
- Ukrainian passport of ID card
- Ukrainian residence permit (for non Ukrainian nationals)
- BSN
- Appointment code (will be issued upon making the appointment)
More information
We point out to our clients that under certain circumstances there are also alternatives for Ukrainians than the Temporary arrangement. Ukrainian refugees are exempt from the so-called MVV requirement (that the permit must be applied for from the country of origin). This means that if you are eligible for residence on the basis of, for example, family reunification or the highly skilled migrant scheme, you can immediately obtain this residence permit. The advantage is that the person concerned is not insecure about her status and that they immediately start building up residence rights here in the Netherlands. Another significant advantage is that one avoids the interviews an asylum application brings along which is experienced by most as extremely challenging.
Questions about the status of Ukrainian refugees? Call us (0031202232466) or email us (info@arslanlitadvocaten.nl). We are happy to help!
