Written answers

Tuesday, 16 May 2023

Department of Enterprise, Trade and Employment

Ukraine War

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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306. To ask the Minister for Enterprise, Trade and Employment if the Government will assist displaced Ukrainians residing in other European countries to work and live in Ireland (details supplied); and if he will make a statement on the matter. [23013/23]

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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In order to work in the State non-EEA nationals require either a valid employment permit from my Department or relevant immigration permission from the Minister for Justice allowing them to enter and work in the State without the requirement for an employment permit.

These are two very distinct application processes with different checks and procedures in place in each respective Department. My Department has responsibility for economic migration policy and the employment permits regime providing access to non-EEA nationals to take up employment in the State.

Immigration and visa permission policy - as well as Temporary Protection policy - falls under the remit of the Department of Justice and non-EEA nationals seeking permission to enter the State must interact with the Department of Justice for entry and residence permission, and, depending on their nationality, visa requirements.

Those fleeing the Russian aggression in Ukraine may be entitled to claim Temporary Protection (TP) in Ireland.

In accordance with the Council Implementing Decision (EU 2022/382), TP in Ireland applies to the following groups of people:

(i) Ukrainian nationals who were residing in Ukraine before 24 February 2022;

(ii) Nationals of a third country (other than Ukraine) or a 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;

(iii) Family members of persons covered by a) and b), where their family already existed in Ukraine, prior to 24 February.

Beneficiaries of Temporary Protection (BoTP) do not require an employment permit. BoTP have immediate access to the labour market, along with access to social welfare, accommodation and other State supports.

Under Council Implementing Decision (EU) 2022/382 para. 16, those fleeing the war in Ukraine are entitled to choose the member state in which they wish to enjoy the rights attached to Temporary Protection. In this regard, if someone fleeing the war in Ukraine has already claimed Temporary Protection in another EU Member State, they can still be granted Temporary Protection in Ireland provided that they fall into one of the above categories.

If it is the case that the Ukrainian nationals in question were not residing in Ukraine on the 24thFebruary 2022, then they are unlikely to meet the criteria for Temporary Protection in Ireland. I can advise the Deputy that Ukrainian nationals who are ineligible for Temporary Protection must hold a valid Employment Permit to work in Ireland unless they are exempted. This is on the same basis as all non-EEA or non-UK nationals. They can apply for an Employment Permit once they have a job-offer that meets the minimum salary thresholds and is not an occupation on the Ineligible Occupations List.

The Deputy may also wish to note that, following the outbreak of the war in Ukraine, the Department of Justice waived the visa requirement for Ukrainian nationals meaning that Ukrainian nationals can enter Ireland for a period of up to 90 days, for the purposes of a visit, even if they do not meet the criteria for TP.

Please be advised that the Department of Social Protection (DSP) is responsible for the issuing of PPS Numbers.

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