How can I extend my stay in the Netherlands without temporary protection?
For Ukrainians fleeing the war, EU states, including the Netherlands, offer temporary protection mode. After registering with the local municipality (gemeente), a Ukrainian is entitled to employment, medical care and benefits from the state, as well as education for children. And most importantly, you can legally stay in the Netherlands in the status of a person under temporary protection up to three years.
However, the status of a person under temporary protection does not attract all Ukrainians. Many do not plan to stay in the Netherlands for a long time, receive assistance from the state and / or get a job. This category of Ukrainians is satisfied with the status of a tourist or a guest. But the maximum time for a legal stay in the EU on a visa-free basis (with a biometric passport), as well as on a tourist / business Schengen visa is 90 days. For people who entered the Netherlands shortly before or immediately after 24 February (the start date of the war), this period may end as early as May.
How to stay in the Netherlands for another 90 days? Expert explanations on this issue are given by Svetlana Koshek, Director of Nalog.nl, in a video on link. For a description of the procedure for extending your stay in the Netherlands after 90 days, see article on the official website of the IND, the Dutch Immigration and Naturalization Service.
Conditions for extending a Schengen visa or "visa-free"
Extension of the period of stay in the Netherlands for a foreigner for another 90 days is allowed in the event of special and unforeseen circumstances. For example, a serious illness, force majeure, or very important personal reasons. Obviously, the war in Ukraine will be considered by IND officials as "special and unforeseen circumstances."
To extend the "visa-free" or visa you need:
- Apply to the IND in advance - until the expiration of the visa or "visa-free".
- Have enough money to live - at least in terms of 55 euros for each day stay. As an option, a citizen / resident of the Netherlands (relative or close acquaintance) can guarantee the solvency of a foreigner. This person is then responsible for paying the foreigner's expenses.
- Have medical travel insurance - both Dutch and Ukrainian (or any other with the appropriate coverage) will do.
- For a valid passport at least three more months - During your stay in the Netherlands and before your scheduled departure date, your passport must not expire.
- Don't work – unlike the temporary protection regime, “visa-free” or tourist visas, as well as their extension, do not provide for the right to employment.
- Being in the country until the moment of submitting the request legally - if the regime of stay has already been violated (the person is in the country illegally), then there can be no question of extending such a stay through the IND.
- Don't get in trouble with the law the individual must not pose a “threat to public order or national security” (legal problems could include being brought to the police and/or being fined for disorderly conduct).
Important nuances:
- You can't just stay 180 days in the Netherlands without applying for an extension of stay! This will be regarded as a violation of the visa regime.
- After staying in the Netherlands for 180 days, it will be possible to call again only after 180 days - not after 90, as usual.
- In the event of an extension of the time of stay in the Netherlands, it will be impossible to travel to Ukraine and back.
- If the "visa-free" is extended, then you can stay without restrictions in any state of the Schengen zone. If you have a visa, then for the extension period you can only stay in the Netherlands.
How to request an extension of stay in the Netherlands?
Extension of stay in the Netherlands is only possible subject to a personal visit of a foreigner to the IND branch – Immigration and Naturalization Services of the Netherlands. To do this, you must: 1) call the IND and make an appointment; 2) arrive at the appointed time for the meeting; 3) get the IND decision.
Take all the necessary documents with you to IND!
Important! IND employees make a positive or negative decision on the issue of extending the period of stay of a foreigner in the country directly during a meeting with him:
- Positive decision entails obtaining a sticker (sticker) in the passport as proof of the extension of the period of stay in the Netherlands.
- Negative decision the employee must justify. In this case, the foreigner has the right to appeal against the refusal to extend the period of stay in the Netherlands.
***Note: If you plan to initiate an appeal against a refusal to extend your stay in the Netherlands, you should receive a negative decision letter from the IND employee. Such a letter must be provided within two weeks.
An important caveat:
The cost of extending the visa is 30 euros. Payment of the state duty is made during the visit to the IND. Extension of the "visa-free" is made for free. Also, a visa is extended free of charge for force majeure or humanitarian reasons.
Required documents
- A valid international passport (there must be at least three months before the expiration date).
- Confirmation of "special and unforeseen circumstances", for example - documents indicating the place of residence in the zone of active hostilities.
- A bank statement or a letter from the guarantor confirming the solvency of a foreigner - a sufficient amount of funds for the period of stay in the country.
- Travel medical insurance for an additional period of stay.
If you still doubt what suits you better - the temporary protection regime or the extension of the “visa-free” / visa, read more materials for Ukrainians in the Netherlands on our website under "Ukraine».
