Like many, Everaert Advocaten Immigration Lawyers watches in horror as the war in Ukraine unfolds. Many people are looking for a safe place in Europe, including in the Netherlands. The uncertain situation raises many questions about the right of residence in the Netherlands. While we may not have all the answers (yet), we will try to answer some questions here.
The Dutch Immigration and Naturalisation Service (IND) has announced that it will be lenient when handling requests from Ukrainians. People with a Ukrainian biometric passport can enter the European Union without a visa and can stay here for 90 days in a period of 180 days. This visa-free period, or the period of validity of a short stay visa, is extended from 90 to 180 days for Ukrainians. This applies, even if the visa or the visa-free period has already expired. The procedure for this extension is yet to be announced. In regular residence permit application procedures, the IND will be lenient when handling requests for an exemption of the mvv-requirement or to collect an mvv in another country. Further, when a residence permit holder cannot file a timely application for extension or when documents cannot be obtained due to the circumstances in Ukraine, the IND has announced that it will take the personal situation into account. How this will turn out in individual cases remains to be seen.
Ukrainians coming to the Netherlands are not obliged to directly apply for asylum, but of course they are allowed to.
Everaert Advocaten Immigration Lawyers does however not advise on the right to asylum. The IND has announced that for the next 6 months, no decision will be taken in pending asylum applications, nor will Ukrainians whose applications were previously denied, be forced to leave or get deported. Ukraine is no longer identified as a safe country of origin.
There are reports that the European member states are currently discussing a temporary residence status for people who have fled Ukraine, to prevent the further overload of asylum systems. We monitor these and other developments closely and will share important information on our website as soon as possible.
Finally, we would like to emphasize that we have no indication that the war in Ukraine and the sanctions against Russia have negative consequences in residency or naturalization procedures of Russian nationals in the Netherlands.
More information (in English and Ukrainian) can also be found on the website of the Dutch Council for Refugees.