THE BOTTOM LINE
- Hiring Alert: Companies cannot assume all individuals fleeing Ukraine are covered by the EU’s Temporary Protection Directive (TPD). The legal status of non-Ukrainian nationals requires careful verification.
- Strict Cut-Off Date: For non-Ukrainians, eligibility for temporary protection in the Netherlands hinges on having a permanent Ukrainian residence permit on or before February 23, 2022. Permits issued after the invasion do not qualify.
- Alternative Immigration Routes Necessary: Individuals not covered by the TPD must use standard asylum or work permit channels, which involve different criteria, longer processing times, and greater uncertainty for employers.
THE DETAILS
In a clarifying ruling, the District Court of The Hague has upheld a decision by the Dutch immigration authorities to deny temporary protection to a non-Ukrainian national who fled the conflict. The case involved a Turkish citizen who had obtained a permanent residence permit in Ukraine in September 2023, well after the full-scale invasion began. He subsequently moved to the Netherlands and applied for protection under the Temporary Protection Directive (TPD). The core of the dispute was whether the directive extends to third-country nationals who established their legal residency in Ukraine after the conflict had already commenced.
The court’s reasoning was anchored in a strict interpretation of the EU directive and its Dutch implementation. The TPD was activated to manage the mass displacement of people at the start of the war. For non-Ukrainians to qualify, the rules explicitly require them to have held a valid permanent residence permit in Ukraine on February 23, 2022—the day before the invasion. Since the applicant received his permit long after this cut-off date, the court concluded he did not belong to the specific group the directive was intended to protect. His situation, the court reasoned, was too distant from the initial mass influx that triggered the protection mechanism.
This decision underscores that the TPD is not a blanket protection for anyone leaving Ukraine today. The court dismissed arguments that the applicant’s job, housing, or the general danger of returning to Ukraine were relevant for TPD eligibility. While such factors are central to a standard asylum application, they do not override the specific, time-bound criteria of the temporary protection scheme. For businesses, this ruling serves as a crucial reminder to diligently check the pre-invasion residency status of any non-Ukrainian staff hired from the region, as their right to live and work in the Netherlands under the TPD is not guaranteed.
SOURCE
Rechtbank Den Haag (District Court of The Hague)
