Update: Hiring Ukrainian employees to work in the Netherlands
The process of hiring Ukrainian employees has been simplified by the Dutch immigration authorities. Since 4 March 2022, Ukrainians fall under the Temporary Protection Directive which allows them to live and work in the Netherlands without any residence permit. Earlier, we shared some information on the categories of individuals that fall under this Directive. Also, we explain what the temporary protection status means for them. In this article, we will share some further developments.
Extension of Temporary Protection
When the Temporary Protection Directive came into force in March 2022, it was applicable for 1 year, until 4 March 2023. On 14 October, the Dutch immigration authorities announced the extension of the protection until 4 March 2024.
Important to note here is that the extension only applies to Ukrainian nationals. Third-country nationals with a Ukrainian residence permit (for instance for work or study purposes) will no longer fall under the Temporary Protection Directive after 4 March 2023 and are expected to return to their home country or apply for a different residence permit.
Hiring Ukrainian employees: the process
Under the Temporary Protection Directive, it remains possible to employ Ukrainian nationals via a faster route than applying for a residence permit. In order to do so, the Ukrainian national must first register at the municipality to obtain their BSN. After this, they must make an appointment at an IND location to obtain proof of residence in the form of a sticker. At the moment, the stickers that are being provided show a validity until 4 March 2023. The IND is yet to announce how/when the stickers with validity until March 2024 can be obtained.
Lastly, the employer must notify the UWV of the employment of a Ukrainian national by filling out a form and sending it to the UWV, at least 2 working days before the start of the employment. It is not necessary to await the receipt confirmation from the UWV.
Up until 31 October 2022, the authorities have been flexible with the above criteria and have allowed the employment of Ukrainians without the proof-of-residence sticker. From 1 November onwards, it will become mandatory to prove that the Ukrainian employees are in the possession of this proof of residence. We, therefore, recommend checking with your Ukrainian employees if they have this sticker on their passports and requesting a copy of this to add to your administration.
Residence permit as a highly skilled migrant
Of course, it is also possible to hire Ukrainian nationals as highly skilled migrants or to change their permit to a highly skilled migrant residence permit. This also applies even if the employee already falls under the Temporary Protection Directive. As long as the employee meets the criteria, the employer can apply for such type of permit at any time.
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