Temporary Protection Status Applications: Criteria and Process in the Netherlands

Temporary
Protection Status (TPS) was implemented under the European Union's Temporary Protection Directive 2001/55/EG to facilitate urgent mass migration movements. The Netherlands completed the harmonization process by incorporating this directive into domestic law through the Vreemdelingenbesluit and Uitvoeringsregeling Vreemdelingenwet 2000 of 2001. Unlike refugee protection, TPS grants a fast and simplified right of residence for a specific period.

Scope and Application Area:
In the Netherlands, the Temporary Protection System (TPS) primarily applies to those arriving from Ukraine, valid until 4 March 2026. Ukrainian citizens are considered under the TPS if they left the country after 27 November 2021 or were recognized as refugees by Ukraine on 23 February 2022. Those arriving from other countries are directed to the traditional asylum procedure for full refugee status until the European Court of Justice grants them temporary protection.

Application Criteria
To benefit from TPS, you must meet at least one of the following criteria:

• You must be a Ukrainian citizen and leave the country between the specified dates.

• Having refugee status recognized by Ukraine as of February 23, 2022.
  This criterion is verified using the applicant's passport or Ukrainian identity document.

Application and Registration Process
The application process begins with registration at the municipality (gemeente) where the applicant resides. The municipality enters the applicant's address into the BRP (Basisregistratie Personen) database; this registration constitutes the official start of the TPS application. The applicant then completes the temporary protection application by signing the “M35H” form at the IND office. The form can also be signed at airport entry points (Schiphol); TPS applications cannot be made at the Ter Apel center.

Identity and Nationality Verification
In addition to the documents submitted during municipal registration, the IND uses EURODAC and other national databases to confirm the applicant's identity and nationality. Individuals whose identity or nationality is unclear are referred to the asylum application centre in Ter Apel and subjected to the standard asylum process.

IND Assessment and Document Issuance:
The IND assesses whether the applicant falls within the scope of the TPS (Temporary Immigration Status). Those eligible are individuals who have not committed crimes, do not possess TPS in another EU country, and comply with the provisions of the TPD (Temporary Immigration Status). Those found eligible receive an “O-document” (type O immigration status document) or stikcer Verblijfsaantekening, which is affixed to their passport; this document indicates the right to reside and work.

Rights and Obligations:
TPS holders have the right to reside, work, obtain health insurance, and access education services in the Netherlands. Education is free for children under 18, while educational institutions may charge fees for adults; those with insufficient financial means can apply for an exemption from the DUO (Dutch Work Permit). A work permit is automatically granted with the O-document; health insurance is also mandatory.

Duration and Validity:
TPS holders from Ukraine will remain under protection until at least March 4, 2026. For other nationalities, the relevant EU decisions and judicial rulings are awaited; however, protection is guaranteed until at least March 4, 2025. At the end of this period, the individual may be directed to apply for asylum or other legal residency status.

Travel Conditions and Exceptions:
TPS holders may make short-term (less than 28 days) visits to their homeland; in this case, they only need to inform the municipality. Long-term stays abroad jeopardize the right to domestic housing and social assistance payments. In the event of a permanent return to their homeland, those who have cancelled their registration with BRP will lose their TPS status.

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identity information or criteria are referred to the standard asylum process at Ter Apel. Here, a status assessment is conducted under the Dublin Review or the general procedure.

Implementation Problems:
Differences in implementation between municipalities, lack of information, and high registration volumes can slow down the TPS process. A shortage of translators and consultants hinders access to actual protection. NGOs advocate for improvements in registration processes and access to social assistance.

Conclusion and Recommendations:
While the TPS (Temporary Migration System) in the Netherlands offers a rapid response mechanism to mass migration movements, implementation faces issues of harmonization and coordination. Digitizing processes, adopting standard procedures among municipalities, and strengthening interpreter and legal advisor support will increase the effectiveness of TPS applications. Furthermore, stricter implementation controls at the EU level will facilitate harmonization and burden-sharing among member states.