On 30 March 2022, the Dutch State Secretary of Justice and Security informed the House of Representatives in a Parliamentary Letter about the implementation of the Temporary Protection Directive. In this Parliamentary Letter, the State Secretary discusses the conditions and procedure for legal residence and access to the labor market for people who have fled Ukraine.
On 1 April 2022, an exemption from the work permit requirement will retroactively come into effect from 4 March 2022 onwards for persons who fall within the scope of the Temporary Protection Directive and who intend to work in paid employment.
Who fall within the scope of the Temporary Protection Directive?
- Ukrainian nationals who:
- Resided in Ukraine on 23 February 2022;
- Fled Ukraine on or after 27 November 2021 due to increased tensions or who were on Union territory on or after 27 November 2021 (e.g., for vacation or work);
- Can prove that they already resided in the Netherlands in the period before 27 November 2021, for example, because of a previously submitted asylum application, on the basis of a regular residence permit or a residence permit that has been terminated.
- Stateless persons or third-country nationals with a nationality other than Ukrainian, who:
- Received international protection or equivalent national protection in Ukraine on 23 February 2022;
- Had a valid Ukrainian residence permit (or other) on 23 February 2022.
- Family members of the above-mentioned categories;
- Married partner or unmarried partner with whom a lasting relationship is maintained
- Minor unmarried children (born within or outside of marriage or adopted)
- Other dependent close relatives who lived with the family
Duty to notify labour inspectorate for employers
People who have fled Ukraine can be registered in the municipal records (BRP). They will receive a BSN number upon registration in the BRP. This number is required for their employment.
Employers must notify the labour inspectorate (UWV) at least two working days before the startdate of the person who falls within the scope of the Directive. A transitional period will be in place until 15 April 2022, during which employers are given the opportunity to make a notification, even if the work has already started. After this date, the notification requirement will apply. Failure to comply with this new notification requirement is subject to a fine under the Foreign Nationals Employment Act.
Working on a self-employed basis not yet exempted
The above work permit exemption applies only to paid employment. At a later date, it may be decided to extend the exemption to self-employment. Entrepreneurs from Ukraine may be able to apply for a regular residence permit as a self-employed person.