Further legalization in the Netherlands: how to stay after temporary protection?
Temporary protection in the Netherlands remains in effect at least until 4 March 2028. However, legalization in the Netherlands for the subsequent period requires separate steps: a regular residence permit (study, work, partner) or, if that is not possible, a special transitional document from the IND.
International Law Firm "Zahist" has a presence in the Netherlands and assists clients in the transition from temporary protection to a more stable status. Our experience shows that applicants who begin preparing documents for a regular permit while protection is still in force receive decisions significantly faster than those who wait until the protection period ends.
Why further legalization should be addressed in advance
The Dutch government is examining how many displaced persons from Ukraine will be able to meet the conditions for an ordinary residence permit — for example, income requirements or the existence of an employment contract.
For those who will not be able to obtain a regular permit before temporary protection ends, the Cabinet of Ministers plans to introduce a transitional document that allows them to remain in the country for a further three years.
A regular residence permit in parallel with temporary protection
A person staying in the Netherlands under temporary protection may simultaneously apply for an ordinary residence permit and hold both statuses in parallel.
Ordinarily, a regular permit requires an entry visa (mvv); however, while the applicant enjoys the rights of temporary protection, this visa does not need to be obtained.
The IND may withdraw a regular permit if the applicant ceases to meet its conditions — for example, discontinues studies, loses employment, or ends the relationship with a partner.
Residence permit for study in the Netherlands
To obtain a permit on the basis of study, the applicant must be enrolled at a Dutch higher or vocational education institution and demonstrate a sufficient level of income.
The application to the IND is submitted by the educational institution itself, not by the applicant personally; the processing fee is EUR 228.
Residence permit for work and highly skilled migrant status
The requirements for an ordinary work-related permit are rather strict: the employer must prove that there are no candidates within the European Union capable of performing the same work.
The application is submitted by the employer, and this is usually done only for specialists with proven qualifications and diplomas — without education, the chances of obtaining this permit are minimal.
An alternative is highly skilled migrant status (kennismigrant), which offers a simplified procedure for specialists recognized by employers and meeting the applicable salary threshold.
Residence permit on the basis of a partner in the Netherlands
If the applicant is in a serious relationship or marriage with a partner residing in the Netherlands, an application for a permit on the basis of a partnership is possible.
| Condition | Requirement |
| Age of both partners | at least 21 years |
| Nature of the relationship | serious relationship or formal marriage |
| Cohabitation | mandatory after the permit is granted |
| Income of the partner in the Netherlands | sufficient level, except where the partner holds a temporary permit |
| Application fee | EUR 228 |
Transitional document: what it is and who it is for
The transitional document (transitiedocument) is a fallback option for those who will not obtain a regular permit before temporary protection ends, and it allows them to remain in the country for a further three years.
- The applicant holds valid temporary protection under the EU Directive at the time of consideration.
- The applicant does not pose a threat to public order — this is verified by the IND.
- The applicant withdraws their current asylum application, which they signed at first registration.
A transitional document can be obtained only after the IND itself contacts the applicant and offers to withdraw the asylum application — there is no need to apply for this document independently.
This approach distinguishes the transitional document from other regular permits, which are always arranged on the initiative of the applicant or the employer.
Rights and obligations under the transitional document
The government aims for displaced persons to participate as fully as possible in society; therefore, the transitional document grants a basic set of rights.
| Right | Description |
| Work | without the need for a separate work permit |
| Health insurance | possibility to take out ordinary insurance |
| Study | at the same tuition rate as for Dutch students |
The full list of rights and obligations under the transitional document is to be published by the Cabinet of Ministers at a later stage, so this information should be checked regularly.
Step-by-step procedure for obtaining the transitional document
The procedure for obtaining the transitional document differs from ordinary applications in that the IND itself initiates contact, not the applicant.
- The IND sends the applicant a notice offering to withdraw the asylum application.
- The applicant confirms withdrawal of the application by official letter or through the designated procedure.
- The IND conducts a check for compliance with public-order requirements.
- If the outcome is positive, the applicant receives a transitional document valid for three years.
Refusal to withdraw the asylum application means that the applicant will not receive the transitional document and will have to rely on other grounds for stay.
Self-employment as a path to legalization
Running one’s own business may also form the basis for a regular residence permit; however, self-employment requires a separate work permit (twv), even while temporary protection is in force.
Applicants who plan to start a business in the Netherlands should review in advance the requirements for a business plan and financial resources, as the criteria for entrepreneurs differ from those for salaried employment.
Our experience shows that clients who consult a lawyer at the stage of choosing the form of activity assess more accurately whether they meet the requirements for an entrepreneurial permit.
What happens to rights when moving to a regular permit
If an applicant first held temporary protection and later obtained a regular permit for work or study, their rights to reception and medical care under the RMO scheme do not change.
The right to a living allowance (leefgeld) is also retained, unless the applicant has started receiving income from formal employment.
Some municipalities are insufficiently aware of this rule, so it is advisable to remind them of the right to the allowance independently, referring to official government guidance.
Common mistakes when planning further legalization
The most frequent mistake is waiting until temporary protection ends before starting to look for work or study, whereas an application for a regular permit can already be submitted now.
Another common problem is underestimating how strict the requirements for a work-related permit are, when an applicant counts on a position without a diploma or proven qualifications.
Our experience shows that clients who consult a lawyer at the stage of choosing a strategy — study, work, or a partnership — select the most realistic path and avoid refusals.
Expert view: how to choose the optimal legalization path
An analysis of our cases shows that clients who combine formal employment with proven qualifications while temporary protection is still in force obtain stable status the fastest.
Another important factor is the timely preparation of documents on education and work experience obtained in Ukraine, with notarized translation and legalization for submission to the IND.
We recommend considering several options at once — study, work, partnership — and choosing the most realistic one, rather than waiting for a single solution.
Legalization for children and family reunification
If parents obtain a regular residence permit, children can usually obtain a similar status on the basis of family reunification without going through a separate full procedure.
This applies both to permits for the parents’ study or work and to the future transitional document, although the Cabinet of Ministers is still clarifying the details regarding children.
Our experience shows that parents should take their children’s interests into account from the outset when choosing a legalization path, in order to avoid separate complications later.
Documents worth preparing in advance
Regardless of the chosen path to legalization, certain documents are almost always required, so it is advisable to prepare them before submitting a specific application.
- A valid international passport and confirmation of registration with the municipality.
- An education diploma with a notarized translation and legalization.
- An employment contract or a letter of invitation from an educational institution, depending on the chosen path.
- Proof of the relationship with a partner if the applicant chooses a partner residence permit.
International Law Firm "Zahist" has a representative office in the Netherlands and helps clients choose a realistic path for further legalization before temporary protection expires.
An individual consultation makes it possible to accurately assess the chances for each type of permit and to plan legalization in the Netherlands taking into account the applicant’s specific situation.
Every case has its own circumstances—education, work experience, and marital status—so an individual action plan remains the most reliable way to maintain a stable status in the country.
The earlier an applicant begins preparing for further legalization, the more realistic options remain available before temporary protection expires.
