How to Restore a Ukrainian Pension While Living in the Netherlands
Following the full-scale invasion of Ukraine by the Russian Federation in 2022, many Ukrainian citizens residing in the Kingdom of the Netherlands under temporary protection or refugee status have experienced the suspension of their Ukrainian pension payments.
In particular, the Pension Fund of Ukraine (PFU) frequently suspends pension payments when a pension has not been collected for six consecutive months. In many cases, subsequent applications to restore the pension are denied on the grounds that the applicant allegedly failed to provide documents confirming their legal status while residing abroad.
A landmark example is case No. 460/7624/25, considered by the Rivne District Administrative Court. The claimant sought recognition that the refusal to restore his disability pension was unlawful and requested that the relevant authorities be ordered to resume pension payments. The court found that the suspension of pension payments had occurred without the Pension Fund adopting a formal administrative decision, which constituted a violation of Part 1 of Article 49 of the Law of Ukraine No. 1058-IV "On Mandatory State Pension Insurance." Accordingly, the refusal to restore the pension was declared unlawful.
The court also emphasized that the claimant had submitted a sufficient package of supporting documents, including a passport, an extract from the state register, a taxpayer identification number, and a certificate issued by the Embassy of Ukraine in the Netherlands. These documents adequately confirmed that the claimant was residing abroad as a consequence of the military aggression against Ukraine. Therefore, the court held that requiring an additional document confirming temporary protection or refugee status was unjustified and unlawful.
Following its review, the court partially upheld the claim. It declared the decision of the Main Directorate of the Pension Fund of Ukraine in the Rivne Region unlawful, annulled that decision, ordered the Rivne Directorate to restore disability pension payments effective from 1 February 2023, and instructed the Main Directorate of the Pension Fund in the Donetsk Region to continue making the pension payments.
Accordingly, Ukrainian citizens residing in the Kingdom of the Netherlands who are applying for the restoration of disability pension payments need only provide documentary evidence of their residence abroad, such as documents issued by the Embassy of Ukraine.
A refusal to restore a pension solely because the applicant has not submitted a separate document confirming temporary protection or refugee status is unlawful. The Pension Fund of Ukraine has no legal authority to create artificial obstacles to the exercise of a citizen's constitutional right to social security. Restoration of Ukrainian pension payments while residing in the Netherlands is possible by post or through an authorized representative, in accordance with the principle of extraterritoriality and established court practice protecting the rights of displaced persons and Ukrainians living abroad.
