EU member states have decided to extend the current Temporary Protection Directive (RTB) for another year due to the ongoing conflicts in Ukraine. The RTB is now in effect until March 4, 2025. If you are considering hiring Ukrainian employees covered by the RTB or if you employ Ukrainian employees, it is important to understand what this extension means for you as an employer.
Background
The Temporary Protection Directive was established by the Council of the European Union on March 4, 2022, after millions of Ukrainians fled their homeland as a result of the military invasion by Russia. It grants Ukrainian refugees temporary rights to reception, medical care, work and education in all EU member states. The current national laws and regulations guaranteeing these rights will therefore remain in force until March 4, 2025, because of the extension.
Who is covered by the RTB?
Refugees with Ukrainian citizenship who left Ukraine after Nov. 26, 2021, fall within the scope of the RTB. People of Ukrainian nationality who had been residing in the Netherlands for a considerable period of time before Nov. 27, 2021 (e.g., for work) and cannot now safely return are also covered. Also covered are family members of these groups.
In addition, third-country nationals (of other nationalities) with permanent residence status in Ukraine are covered. This also applies to third-country nationals with residence permits granting them (inter)national protection in Ukraine.
Finally, we name the group of third-country nationals whose right to temporary protection would officially expire on Sept. 4, 2023. These are third-country nationals with temporary residence status in Ukraine. A court ruling allows them to claim the RTB for longer. How long their temporary protection is extended depends on the Supreme Court. Temporary protection in the Netherlands for this group will continue at least until the ruling is made by the Supreme Court. Until then, they may continue to use the rights associated with temporary protection.
Until the Supreme Court rules, asylum applications from third-country nationals will not be processed. Applications for conversions to regular residence (study or work) will be processed.
Please contact us
Are you planning to hire a Ukrainian employee, or have you already hired a Ukrainian employee, and want to know what this means in your specific case? If so, please contact us without obligation by emailing service@eastwing.nl.
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Extension of Temporary Protection Directive for Ukrainian Refugees – what does this mean for you as an employer?
The EU member states have decided to extend the current Temporary Protection Directive (TPD) for another year due to the ongoing conflicts in Ukraine. The TPD is now in effect until March 4, 2025. If you are considering to hire Ukrainian employees who fall under the TPD or if you currently employ Ukrainian employees, it is important to understand what this extension means for you as an employer.
Background
The Temporary Protection Directive was established by the Council of the European Union on March 4, 2022, after millions of Ukrainians fled their homeland due to the military invasion by Russia. Under this directive Ukrainian refugees receive temporary rights for shelter, medical care, work, and education in all EU member states. The current national laws and regulations that guarantee these rights will remain in effect until March 4, 2025, due to the extension.
Who falls under the TPD?
Refugees with Ukrainian nationality who left Ukraine after November 26, 2021, fall within the scope of the TPD. Ukrainian nationals who were residing in the Netherlands for a significant period before November 27, 2021 (for example, for work) and cannot safely return are also covered under this directive. Additionally, family members of these groups are covered under the directive.
Furthermore, third-country nationals (with a different nationality) with a permanent residence status in Ukraine are covered under the directive. This also applies to third-country nationals with a residence permit that grants them (inter)national protection in Ukraine.
Lastly, it is important to highlight the group of third-country nationals whose right to temporary protection was officially set to expire on September 4, 2023. These are third-country nationals with a temporary residence status in Ukraine. Due to a recent court ruling, this group of individuals can appeal for the TPD for a longer period. The temporary protection in the Netherlands for this group will continue until the Supreme Court decides otherwise. Until then, they may continue to use the rights associated with temporary protection.
As long as the Supreme Court has not made a ruling, asylum applications from third-country nationals will not be processed. Applications for conversion to regular residence (for study or work) will continue to be processed.
Get in touch
Are you planning to hire a Ukrainian employee, or do you already employ a Ukrainian employee, and would you like to know what this means in your specific case? Please feel free to contact us by sending an e-mail to service@eastwing.nl.
