Third country nationals from Ukraine are allowed to continue working for the time being
Third-country nationals who had a temporary right of residence in Ukraine and are now residing in the Netherlands are still covered by the Temporary Protection Directive (TPD). On 2 September 2023 the State Secretary for Justice and Security decided to suspend the termination of the TPD as of 4 September 2023 for this group. The suspension applies until the High Administrative Court rules on the high appeal over the legality of this termination.
This means that, after September 4 and until the High Administrative Court ruling on the appeal, third-country nationals from Ukraine:
- Are allowed to stay
- Remain entitled to facilities, and
- Are allowed to work without the employer needing a work permit (TWV). The employer must first register them with the Labour Office (UWV).
The High Administrative Court expects that the high appeal on the termination of the TPD for third-country nationals will not take place before November 2023.
It is important for employers to check whether their employees are still covered by the TPD. Whether this is the case, is determined by the validity date of the ‘’O-document’’. The relevant group of third-country nationals has received a letter from the IND extending the validity of the O-document as of September 4, 2023.