The EU Temporary Protection regime for people displaced from Ukraine is currently expected to run until 4 March 2027. While this framework has provided broad access to the Dutch labour market, many beneficiaries are now considering their long-term residence strategy in the Netherlands, especially the transition toward self-employment and, eventually, a self-employment residence permit.
At first glance, becoming an entrepreneur may appear to be a logical pathway. However, there is a crucial legal obstacle that is frequently overlooked under the Temporary Protection Framework: the requirement of a TWV (in Dutch: tewerkstellingsvergunning) for performing self-employed activities in the Netherlands.
This issue is not merely technical. It can directly undermine a future self-employment residence application if not properly understood in advance.
Temporary Protection does not automatically mean free access to entrepreneurship
Under the Temporary Protection regime, Ukrainian beneficiaries generally have access to the Dutch labour market. In practice, this means that paid employment (in Dutch: arbeid in loondienst) can usually be performed without the need for a TWV, provided the employer complies with notification obligations.
However, the legal situation is different for self-employment and entrepreneurial activities.
For work as a zelfstandige (ZZP'er) or freelancer, Dutch policy guidance indicates that a TWV may still be required. This creates a structural legal mismatch:
- Employment (as personnel): broadly permitted under Temporary Protection;
- Self-employment (be your own boss): subject to TWV requirements and scrutiny
Many individuals mistakenly assume that labour market access under Temporary Protection automatically covers entrepreneurial work. This is not necessarily the case.
Why the TWV requirement becomes a major hindrance for future self-employment applications
For those planning to transition from Temporary Protection to a self-employment residence permit, the TWV issue is particularly serious.
A successful self-employment application in the Netherlands typically requires:
- Demonstrable business activities;
- Actual turnover and economic values;
- Sustainable and independent incomes;
- A credible business track record.
Further information about the keys to a successful self-employment visa application can be found here: Key Understandings of Self-Employment Visa in the Netherlands
However, if a TWV is required for self-employed activities and is not obtained, a legal paradox arises:
Without a TWV, the person is not legally allowed to perform self-employed work. Without performing work, they cannot generate income, turnover, or market value. Without income and proven business activity, the self-employment residence application becomes significantly weaker.
In other words, the TWV requirement can indirectly prevent applicants from building the very economic substance that the Dutch authorities (including the immigration authorities) expect to see in a self-employment dossier.
Legal reality: TWV is not designed for entrepreneurs
Another complication is that the TWV system is traditionally designed for employment relationships, not for genuine independent entrepreneurship.
This leads to several practical difficulties:
- A TWV is normally applied for by an employer or a client (in Dutch: opdrachtgever);
- Genuine entrepreneurs do not always have a single "client";
- Authorities may assess whether the activity is disguised employment where the work is performed in the name of a freelancer but factually as an employee (in Dutch: schijnzelfstandigheid);
- Client(s) of the freelancer may be reluctant to engage if TWV compliance is unclear.
As a result, many Temporary Protection beneficiaries encounter a grey legal zone when attempting to operate as freelancers or independent contractors.
Strategic risk before March 2027: Do not wait until the Protection expires
With the Temporary Protection framework expected to expire on 4 March 2027, relying passively on the current status carries significant long-term risk. If a person only starts thinking about entrepreneurship shortly before the expiry date, they may face multiple simultaneous obstacles:
- Lack of a compliant work structure
- Insufficient documented business activities
- Weak financial evidence for a residence application
- Legal uncertainty regarding past self-employed activities without a TWV
From a residence-law perspective, continuity, legality of work, and documented economic contribution are all key elements that cannot be built overnight.
Planning ahead: residence continuity beyond temporary protection
Transitioning from Temporary Protection to another residence category (such as self-employment, highly skilled migration, or other regular residence permits) requires early legal and strategic planning. Each pathway has different evidentiary thresholds, timing considerations, and legal risks.
In particular, individuals who intend to rely on entrepreneurial activities as the basis for a future residence permit should carefully assess:
- The legality of their current work structure
- TWV implications
- Income documentations
- Business model sustainability
- Long-term residence strategy after March 2027
About Pathway Partners
At Pathway Partners, we specialise in complex Dutch immigration and residence continuity matters, including cases involving Temporary Protection, work related visas and long-term residence planning.
If you are an Ukrainian under the current Temporary Protection and are concerned about maintaining continuous lawful residence in the Netherlands after 4 March 2027, it is essential to explore your legal options well in advance rather than waiting until the protection framework expires.
Whether you are considering entrepreneurship, switching residence categories, or safeguarding your long-term stay in the Netherlands, our team can provide tailored legal and strategic guidance based on your personal situation.
If you are facing uncertainty about your residence pathway after the expiry of Temporary Protection, you may contact Pathway Partners for a professional consultation on alternative residence options and continuity strategies in the Netherlands.