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IND Process for Refugees

How can Ukrainian refugees register with the IND of the Netherlands? A European Union Directive adopted in early March granted temporary protection to Ukrainian refugees. To...

How can Ukrainian refugees register with the IND of the Netherlands?

A European Union Directive adopted in early March granted temporary protection to Ukrainian refugees. To exercise this right, a native of Ukraine must apply to the municipality (gemeente) at the place of residence in the Netherlands. There, the information about the refugee will be entered into the database of personal records (De Basisregistratie Personen (BRP)). The refugee registration request will automatically be forwarded to the Immigration and Naturalization Service (Immigratie- en Naturalisatiedienst (IND)) of the Netherlands. Registration with the IND will take some time.

The first thing to understand for refugees from Ukraine who arrived in the Netherlands after 24.02.2022/XNUMX/XNUMX is that they are granted temporary protection status, not refugee status. Registration of refugee status takes up to six months, while the applicant is prohibited from working. After granting the status, a refugee must obtain a work permit, and only after that he will be able to start paid work.

In connection with the war in Ukraine, a significant flow of refugees has moved to the EU, who need to be resettled and given access to work. Therefore, the EU Directive on temporary protection was introduced, which facilitates the settlement in the EU countries and access to work. However, the status under temporary protection is valid only for a set time, formally until March 4, 2023. All documents on refugees from Ukraine were taken in a hurry, so they will be updated. It is possible to change the terms and rules of stay in the Netherlands for persons under temporary protection.

Applying to the IND for temporary residence in the Netherlands for refugees from Ukraine

To register with the IND, you must complete an application (Form M35-H). The refugee must also report whether or not there is a criminal record. The IND will check the applicant to make sure that he does not pose a threat to public order and the security of the country.

In the standard case, filling out the M35-H form leads to the start of the procedure for granting refugee status. However, Ukrainians have been granted only temporary protection, so additional procedures are suspended. Temporary protection was granted to Ukrainians until March 4, 2023. The maximum stay in the EU is no more than three years. It is possible that the terms of stay in the EU will subsequently be extended.

Where to go to apply for temporary protection status

People who fled from Ukraine should apply for registration of status not at the administration of the refugee reception center in Ter-Apel, but at the gemeente (municipality) of the locality in which they will live. Gemeente will submit the application for registration to the IND. It is expected that by mid-May 2022, IND visiting teams will complete the registration of Ukrainian refugees throughout the Netherlands.

The fact of registration with the IND is confirmed by a special sticker in the documents. At the end of the temporary protection status, those Ukrainian refugees who wish to stay in the Netherlands will have to submit a new application for asylum or obtain a residence permit for new circumstances (work, study, etc.).

Access to benefits, education and work

After registering with the gemeente (municipality), immigrants from Ukraine have access to cash benefits, education and legal employment. At the same time, it is not required to wait for official confirmation that the status has been assigned.

The holder of the status of temporary protection cannot be registered as self-employed, he gets access only to work with a fixed salary. Perhaps later self-employment will be allowed. Ukrainians under temporary protection register their status with the gemeente (municipality), and not with the Refugee Reception Authority (Centraal Orgaan opvang asielzoekers, (COA)), as foreigners claiming refugee status do.

Publication Date: 12.04.2022

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