What is the change?

The EU Temporary Protection Directive has now been activated in response to the Ukraine crisis. The Directive is an emergency provision designed to quickly and humanely respond to the mass displacement of Ukrainian people by Russian aggression. Ireland is participating in this measure, which has been given legal effect under Section 60 of the International Protection Act 2015.

Implementation time frame:

• This applies to those who arrived into the State from Ukraine since the start of the conflict on 24 February 2022.

Who is affected?

The temporary protection directive applies to:

• Ukrainian nationals residing in Ukraine before 24 February 2022.
• Stateless persons and nationals of 3rd countries who have international protection or an equivalent national protection status in Ukraine before the 24 February 2022.
• Family members of the above where the family already existed in Ukraine.
• Family members may include a spouse or partner, unmarried minor children of either of them and other close dependent family relatives who had been living with them as part of the family unit.
• Individuals who had been residing in Ukraine before 24th February 2022 with a permanent Ukrainian residence permit, who cannot safely return to their country of origin.
  
• Non-EU nationals and stateless persons who were legally residing in Ukraine who cannot safely return to their country of origin. Individuals who can safely return to their count of origin will be assisted to do so.
  

A person may be excluded from temporary protection by the Minister in the following circumstances:

• There are serious reasons for considering that the person has committed a crime against peace, humanity or a war crime or they have been found guilty of acts contrary to the purposes and principles of the United Nations.
• There are reasonable grounds to regard the person as a danger to the security of the State.
• The person constitutes a danger to the community of the State because they were convicted by a final judgment of a particularly serious crime, in the State or elsewhere.
• There are serious reasons for considering the person has committed a serious non-political crime outside the State prior to their entry.

Key points:

Temporary Protection will be granted initially for a period of one year, and on a renewable basis for up to three years.

Beneficiaries will be provided with a letter detailing their temporary protection in the State and the immigration permission being provided on arrival in the State at Dublin Airport. This permission letter will enable them to access all necessary supports as soon as possible. The Department of Justice are working urgently to provide permission letters to those who arrived in Ireland since 24th February 2022 and prior to 9th March 2022 (when permission letters began to be provided).

Arrangements for the registration of the immigration permission will follow. Normal registration procedures may not apply due to the nature of the situation. All necessary steps will be taken to ensure the process is as simple and stress free as possible.

Temporary Protection will give people immediate access to:

• Seek employment, self-employment or vocational training.
• Suitable accommodation or assistance to obtain housing.
• Receive social welfare income supports.
• Access medical care from the State.
• Access school public or post-primary education provided by the State for children under 18.
• Access other assistance as appropriate to their special needs.
• Travel without restriction within the State.

While a person entitled to temporary protection can apply for international protection at any time, it is not possible to avail of temporary protection and its measures while an application for international protection has been made.
The Department of Justice has released an FAQ page providing the most up to date arrangements for Ukrainian citizens and their family members wishing to travel to Ireland.

Analysis and Comments:

The Irish government has made this decision in line with other EU countries and in response to the mass displacement of individuals as a result of the conflict in the Ukraine.

Deloitte welcomes Ireland’s participation in the EU Temporary Protection Directive and the resources the government is providing to citizens who arrive into the State.

If you have employees impacted by the above changes, please contact the Deloitte immigration team to assist.