Source: RefugeeHelp
Article

The asylum procedure if you fall under the Temporary Protection Directive (TPD)

Last updated: 9/25/2024, 11:26 AM

Have you received Ukrainian citizenship and proof of residence from the Immigration and Naturalisation Service (IND)? Then you have also signed a form to start the asylum procedure in the Netherlands. You do not have to do anything with this now. In this article you can read what this means for you.

There is an asylum procedure pending that is not being done now

When picking up the sticker at the

IND
, you have also signed the
M35-H form
. This officially begins the asylum procedure. The procedure is immediately frozen because you are covered by the
Temporary Protection Directive (TPD)
. This means the government is not doing anything with your asylum procedure now. The government may keep these asylum proceedings frozen until the end of the TPD. The TPD runs until 4 March 2026.

The Dutch government must make a decision on the asylum application within 6 months of the end of the TPD. What the procedure will look like after 4 March 2026 is not yet known.

The country where you 1st apply for asylum is responsible for your asylum procedure

When you picked up your

proof of residence
from the IND, you started an asylum application. Therefore, the Netherlands is probably the country to assess your asylum application. If you leave the Netherlands and file an asylum application in another European Union (EU) country, that country can return you to the Netherlands, due to the
Dublin regulation
.

If you apply for asylum in an EU country, that country first considers whether they should process your asylum application. They do this according to the rules of the Dublin regulation. Have you previously applied for asylum in another EU country? Then the Netherlands can ask that country to process your application. The Netherlands must do this within a few months. If this happens too late, the Netherlands must process your asylum application itself.

These countries are cooperating with the Dublin regulation
Asylum procedure without Ukrainian citizenship

Did you have a temporary residence permit in Ukraine? For example, for work or study? Then the right to temporary protection stops for you on 4 March 2025. You have received a letter from the IND if this applies to you. What happens after this date depends on your situation.

These are your options if you are not entitled to temporary protection
On this page you can read what your options are if you are not entitled to temporary protection in the Netherlands.

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