Third-country nationals who have fled from Ukraine may remain in the Netherlands for the time being until the verdict of the highest court has been handed down. That is probably in November. Outgoing State Secretary Eric van der Burg (Asylum) has decided this.
There are several thousand third-country nationals from Ukraine in the Netherlands. They were working or studying in that country when Russia invaded. They fled to the Netherlands and received the same protection as Ukrainians. According to the national government, this concerns approximately 4660 people.
The cabinet previously wanted that group of refugees to lose their right to protection and reception on Monday. Then they must also leave the municipal reception locations or host families. They are no longer allowed to work and do not receive a living allowance. However, they are free to apply for asylum here. But the majority come from countries where there is no war and have no chance of obtaining a residence permit. Those who do not apply for an asylum or study visa must leave the Netherlands within 28 days and possibly return to their country of origin.
Special arrangement
Ukrainians are covered by a special European refugee scheme. They have the right to reception in the European Union and do not need to apply for special asylum. This arrangement was established after the war in the former Yugoslavia, when asylum procedures in many neighboring countries came to a standstill due to a large influx of Bosnian refugees. This separate status only applies to nationals of a European country at war and not to people of another nationality who happened to be in Ukraine at the time the war broke out. They must apply for asylum.
Since the war broke out, about 90 thousand Ukrainians came to our country. Municipalities offer them shelter and a home. Initially, so-called third-country nationals were granted a temporary exception, so that they could catch their breath. They are now also being taken care of by municipalities. But the government believes that this transitional arrangement must end. Van der Burg had given them until Monday, September 4, after which they had to leave their home.
Some third-country nationals went to court. This led to various rulings: one judge stated that someone could stay, the other ruled that the State is right and third-country nationals must leave. The Council of State, as the highest court, must now make a final judgment. That judgment is expected in November. Until then, everyone involved can stay.
But, reports Van der Burg, ‘the cabinet still stands by its position that the termination of the residence of third-country nationals is legally correct’.
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2023-09-02 18:29:35
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