Written answers

Tuesday, 29 March 2022

Department of Justice and Equality

International Protection

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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573. To ask the Tánaiste and Minister for Justice and Equality the processes that are being put in place to allow partners of Ukrainian citizens who are non-Ukrainian citizens and non-EEA citizens apply for refugee status and associated entitlements for Ukrainian refugees. [16337/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The EU Temporary Protection Directive (2001/55/EC) has been activated for the first time in response to the Ukraine crisis. Ireland participates in this measure, which has been given legal effect under Section 60 of the International Protection Act 2015.

Those eligible for Temporary Protection (granted initially for one year, but renewable) will have immediate access to the labour market, social welfare, accommodation and other State supports as necessary.

Under the Council Implementing Decision (EU 2022/382), those who have fled Ukraine can avail of a temporary protection to reside in Ireland if they meet one of the following criteria:

a) They are a Ukrainian national who was residing in Ukraine before 24 February 2022;

b) They are a national of a third country (other than Ukraine) or stateless person who would have benefited from international protection (for example: Refugee status) or an equivalent national protection status in Ukraine and were residing there before 24 February 2022;

c) They are a family member* of people covered by a) and b) above, where their family already existed in Ukraine at the time of events leading to the mass influx prior to 24 February

*Family members include a spouse or partner, unmarried minor children of either of them, and their other close dependent family relatives who have been living with them as part of the family unit.

Temporary protection also applies to people who were residing in Ukraine before 24 February 2022 with a permanent Ukrainian residence permit, who cannot safely return to their country of origin.

Other people who were legally residing in Ukraine without a permanent residence permit will be assisted to return to their country of origin, if it is safe for them to do so.

On 25 February, I announced the immediate lifting of visa requirements for Ukrainian nationals. This has streamlined and supported the swift exit of both the Ukrainian family members of Irish citizens, and the family members of people from Ukraine who are resident in Ireland. It applies as an emergency measure to all Ukrainians travelling to Ireland and is a humanitarian response to the rapidly evolving situation in Ukraine.

Non-EEA family members of Ukrainian citizens, if they are a visa required national, will require a visa to travel to Ireland. However, in view of the circumstances, an application will be accepted for consideration if submitted from a country which is not the applicant's normal country of residence. Such applications will be dealt with speedily and sympathetically.

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