The Temporary Protection Directive (2001/55 EC) for Ukrainian refugees in the EU has been extended until March 4, 2024. But as we wrote и told, from July 19, 2022, foreigners who lived in Ukraine on temporary residence permits can no longer apply for temporary protection status in the Netherlands. If they managed to do this earlier, then their documents will be valid only until March 4, 2023.
Among the rights that the status of a person under temporary protection provides is employment without obtaining special permission from the UWV (Uitvoeringsinstituut Werknemersverzekeringen, insurance agencies for employees). The loss of temporary protection entails the loss of this right.
The right to work for citizens of Ukraine
Until March 4, 2024, refugees with Ukrainian citizenship subject to the Temporary Protection Directive (2001/55 EC) may continue with existing sticker (or O-document) and additional letter from IND (migration service).
Between 27 January and 25 February 2023, these people will receive a letter from the IND explaining that their right to reside in the Netherlands has been extended. This letter is valid from March 4, 2023. With the help of a sticker (O-document) + letter, displaced persons from Ukraine can demonstrate that they are covered by the Temporary Protection Directive - Richtlijn Tijdelijke Bescherming (RTB). More about the content and procedure for sending IND letters - in our video.
What will happen to people without Ukrainian citizenship, but with the right to temporary protection?
Some refugees from Ukraine do not have Ukrainian citizenship, but are still subject to RTB. For example, they have a permanent residence permit in Ukraine or are family members of a Ukrainian. This group of people should get a new O-document, which will be valid from March 4, 2023. In February 2023, the IND will send a letter in English to these people on how to obtain an O-document.
Employment of refugees with a temporary residence permit in Ukraine
Refugees with a temporary residence permit in Ukraine (for example, for work or study) after March 4, 2023 will not be subject to RTB. These people can initiate the normal asylum procedure. From March 4, 2023, they will be subject to the same rules for access to the labor market that apply to asylum seekers.
In order for such persons to be able to work, the employer must obtain appropriate resolution in UWV. More about the status of displaced persons from Ukraine who were denied temporary protection, here.
The right to work of Ukrainian refugees before and after March 4, 2023
Until March 4, 2023, all temporarily displaced persons from Ukraine who have received a sticker (sticker in their passport or on a separate insert) or an O-document (plastic card), that is, documents confirming the right to reside in the Netherlands, have the right to work in the Netherlands.
The right to work depending on the status of the person
| Person status | What until March 4, 2023? | What will happen from March 4, 2023 to March 4, 2024? |
| Citizen of Ukraine | The existing document (sticker or plastic card) remains valid. A letter will be sent from the IND to renew the document. |
Sticker or O-document valid until March 4, 2024 with additional letter from INDcoming in February 2023. |
| A refugee from Ukraine who does not have Ukrainian citizenship but is entitled to temporary protection | Receives a new document in IND. There will be a letter from the IND about this. | IND will issue a new O-document in February 2023, valid until March 4, 2024. |
| A refugee from Ukraine who does not have Ukrainian citizenship and is not entitled to temporary protection | May initiate the normal asylum procedure. | Being in the status of an asylum seeker, you can work 24 weeks within 52 weeks, that is, no more than 6 months per year. For this the employer will need a work permit from the UWV. |
Publication Date: 09.02.2023
