Tag Archive for: Ukraine

STAMP 0 PERMISSION ACCEPTED AS RECKONABLE RESIDENCE FOR NATURALISATION

ISD NOTICE CONFIRMS THAT TEMPORARY PROTECTION HOLDERS DO NOT NEED TO APPLY FOR A NEW TEMPORARY PROTECTION CERTIFICATE



The Department of Justice has recently published a travel confirmation notice for beneficiaries of Temporary Protection, benefiting from the Temporary Protection Directive.

The notice confirms that the Minister for Justice has extended immigration permissions for all beneficiaries of Temporary protection to 4th March 2024. From 16th February 2023, non-nationals with a Temporary Protection Certificate living in Ireland will not need to apply for a new Temporary Protection Certificate.

Expired certificates can be used as proof of entitlement to Temporary Protection and any related state services, up until 4th March 2024.

If a Temporary Protection holder has an expired Temporary Protection Certificate, and they intend to travel and subsequently re-enter the State, if they are a national of Ukraine or a non-visa required national, no action is necessary.

If they are a national of a country that is a visa-required national for Ireland, the Department of Justice have advised to contact [email protected] to ensure that the Temporary Protection holder has the necessary documents to re-enter Ireland without a visa.

The full Travel Confirmation Notice can be accessed via the following link:

https://www.irishimmigration.ie/travel-confirmation-notice/

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.

EXCLUSION OF UKRAINIAN CITIZENS AND HOLDERS OF TEMPORARY PROTECTION FROM REGISTER OF NON-NATIONALS

It has now been five months since the Council Implementing Decision (EU) 2022/382 of the 4th March 2022 and since the Department of Justice commenced granting Temporary Protection for persons fleeing the conflict in Ukraine in accordance with Section 60 of International Protection Act of 2015.

Currently, the Minister still has yet to open the Register of Non Nationals to Ukrainians and holders of temporary protection.

With the exception of one client of Berkeley Solicitors who was successfully registered on stamp 4 permission on the basis that they urgently needed to leave the State, we are not aware of any other holders of temporary protection who have been registered.

In lieu of registering the immigration permissions of the relevant parties, the Minister granted such persons letters confirming their temporary protection along with a right to work, PPS number and other supports.

In response to a Parliamentary Question dated 8th May 2022, Minister McEntee stated

As of 8 May 2022, a total of 28,531 people had arrived in Ireland from Ukraine and my Department had issued approximately 28,002 temporary protection permission letters.
In relation to the registration of their immigration permission, people who have arrived from Ukraine will have been given a 90 day immigration permission, as standard on arrival, by an immigration officer. Arrangements for the registration of the permission and the issuance of an Irish Residence Permit (IRP) card will be finalised by my Department as soon as possible. All necessary steps will be taken to ensure that the process is as simple and stress-free as possible. The practical arrangements will be communicated at the appropriate time.

According to the FAQ page of Department of Justice website updated on the 8th June 2022, the Minister is taking steps to register the immigration permissions of Ukrainians and holders of temporary protection:

“The Department of Justice is putting in place the arrangements for the registration of the permission and information will be provided to you at the appropriate time. The department is taking all necessary steps to ensure that the registration process will be as simple and stress-free as possible for you.”

While we welcome the provision of residence permission and other rights to persons who have fled Ukraine, the failure of the Irish authorities to register holders of temporary protection and to provide them with IRP cards is not satisfactory. It garners a number of negative consequences specifically pertaining to visa required nationals who hold temporary protection and are unable to leave the State as they cannot obtain a re entry visa.

We submit that Minister for Justice is required to facilitate the registration of all non nationals in Ireland who have been issued with permission to reside pursuant to Section 9 of the Immigration Act 2004, and this includes the holders of temporary protection.  Section 9 also places an obligation on all non nationals with permission to reside to register.

It is our position that the Minister of Justice is currently failing in her duties to Ukrainians and holders of temporary protection in not facilitating them to register.

FAILURE TO REGISTER TEMPORARY PROTECTION HOLDERS

The Minister for Justice has made a decision not to register the immigration permission of persons legally resident in Ireland with Temporary Protection in accordance with Section 60 of the International Protection Act, the Temporary Protection Directive (2001/55/EC) and Council Implementing Decision (EU) 2022/382 of 4 March 2022.

The Minister has granted such persons letters confirming their temporary protection along with a right to work, PPS numbers and accompanying supports. The provision of residence permission and such rights to persons who have fled Ukraine is very welcome.

However, the failure to register the holders of temporary protection and provide them with IRP registration cards is problematic for a number of reasons.

Non-EEA citizens resident in Ireland are required by law to register pursuant to Section 9 of the Immigration Act 2004, failure to register is in fact an offence under the 2004 Act.

Citizens of Ukraine are now non- visa required in the Irish Immigration context and it appears their re-entry to Ireland following any travel is being facilitated by production of their temporary protection letter, however the standard immigration procedure would be to produce to the immigration officer a valid IRP card.

A specific difficulty arises for holders of temporary protection, who fled from Ukraine, who are nationals of visa required countries.

Without an IRP card to recognise their legal residence in Ireland such persons are in fact restricted in being able to travel outside of the State as they have no document to facilitate their return to the State.

The Minister has abolished the re-entry visa system for adults and therefore the reality is that in absence of a valid IRP card, such persons would have no document to facilitate their return to Ireland.

Furthermore, it is unclear as to the rights of family reunification for holders of temporary protection as they do not hold a distinct immigration registration stamp.

Berkeley Solicitors has successfully obtained registration for a holder of temporary protection and are happy to note that our client has been issued with Stamp 4 registration permission.

This will allow our client to travel in and out of Ireland without difficulty. Our client also now holds Stamp 4 registration which is a clearly reckonable stamp for the purpose of a naturalisation application and has clearly defined rules as to the right to family reunification.

In our view the Minister for Justice should facilitate the registration of all persons in Ireland who have been issued temporary protection with Stamp 4 permission without further delay.

ELIGIBILITY FOR TEMPORARY PROTECTION

On the 9th March 2022, the Department of Justice published an information page on Temporary Protection for persons fleeing the conflict in Ukraine. It is indicated that the categories of persons eligible for temporary protection are as follows:

  • Ukrainian nationals who were residing in Ukraine before 24 February 2022;
  • Nationals of a third country (other than Ukraine) or stateless persons who would have benefited from international protection (e.g. Refugee status) or an equivalent national protection status in Ukraine and have been residing there before 24 February 2022
  • Family members of persons covered by a) and b) where the family already existed in Ukraine at the time of events leading to the mass influx prior to 24 February.
  • Those 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.

 

It will also apply to people who had been residing in Ukraine before 24 February 2022 with a permanent Ukrainian residence permit, who cannot safely return to their country of origin.

Temporary protection may also be extended to other people who were legally residing in Ukraine who cannot safely return to their country of origin, including nationals from non-EU countries or stateless persons. People who can safely return to their country of origin will be assisted to do so.

Persons who are eligible for temporary protection will obtain a letter on arrival at Dublin Airport confirming this. The letter will give the holder permission to reside for twelve months, access to the labour market, plus access to public services.

Persons who are eligible for temporary protection and arrived in the State between the 24th February 2022 and the 9th March 2022 will not have received the temporary protection letter. The Department is making urgent arrangements to provide the temporary protection letter to this group of people.

The information notice does not address the situation of Ukrainians who arrived in the State prior to the 24th February 2022. Our office is making enquiries regarding the Department’s position on accepting applications for temporary protection from this category of persons.

If you are in this category, you should seek legal advice on your options, including the option  of submitting an application for international protection.

 

 

Please review the information note in full at the following link:

https://www.irishimmigration.ie/information-on-temporary-protection-for-people-fleeing-the-conflict-in-ukraine/

ADVOCATE GENERAL’S OPINION FINDS IRELAND CANNOT REFUSE DISABILITY ALLOWANCE TO DEPENDENT RELATIVE OF EU WORKER

THE TEMPORARY PROTECTION DIRECTIVE

Council Directive 2001/55/EC of 20th July 2001, the ‘Temporary Protection Directive’, was established by the European Union as a response to the conflicts in the former Yugoslavia and Kosovo in the 1990s, that highlighted the need for a tool to assist with max influxes of displaced persons into EU member states.

On the 4th March 2022, the Council adopted unanimously the implementing decision to activate the Temporary Protection Directive for the first time since its establishment, for persons fleeing the conflict in Ukraine.

The Council Implementing Decision that activated the Directive highlights;

“The Union has shown and will continue to show its resolute support to Ukraine and its citizens, faced with an unprecedented act of aggression by the Russian Federation.”

The Directive is grounded in solidarity and promotes a balance of efforts between EU Member States. It is a legislative tool that enables Member States to offer persons legally resident in Ukraine who are fleeing the war, temporary protection upon arrival in an EU member state. Temporary protection will be initially provided for 12 months. Unless terminated, this period will be extended automatically by six monthly periods for a maximum of one year.

The Council Implementing Decision notes that those who are eligible for temporary protection under the Directive will “enjoy harmonised rights across the Union.” Persons holding temporary protection in Ireland will enjoy the rights afforded under Section 60 of the International Protection Act 2015;

(a) to seek and enter employment, to engage in any business, trade, or profession and to have access to education and training in the State in the like manner and to the like extent in all respects as an Irish citizen,

(b) to receive, upon and subject to the same conditions applicable to Irish citizens, the same medical care, and the same social welfare benefits as those to which Irish citizens are entitled, and

(c) to the same rights of travel in the State as those to which Irish citizens are entitled.

The below paragraphs outline who will be covered by the Directive;

  • Ukrainian nationals residing in Ukraine who are displaced as of 24 February 2022 following the military invasion by Russian armed forces on that date;

 

  • Third-country nationals or stateless persons legally residing in Ukraine who are displaced as of 24 February 2022 following the military invasion by Russian armed forces on that date and who are unable to return to their country or region of origin in safe and durable conditions because of the situation prevailing in that country. This could include persons enjoying refugee status or equivalent protection, or who were asylum seekers in Ukraine at the time of the events leading to the mass influx. Third-country nationals who were legally residing in Ukraine on a long-term basis at the time of the events leading to the mass influx should enjoy temporary protection regardless of whether they could return to their country or region of origin in safe and durable conditions; and

 

  • Family members of the above two categories of people, in so far as the family already existed in Ukraine at the time of the circumstances surrounding the mass influx, regardless of whether the family member could return to his or her country of origin in safe and durable conditions. In line with Council Directive 2001/55, a family member is considered as the spouse of the above two categories of people or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couple in a way comparable to married couples under its law relating to aliens; the minor unmarried children of the of the above two categories of people or of his or her spouse, without distinction as to whether they were born in or out wedlock or adopted; other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx, and who were wholly or mainly dependent of the above two categories of people.

 

Berkeley Solicitors wishes to express our deepest concerns for the people of Ukraine.

If you or your family require advice on your eligibility for temporary protection or in respect of visa applications for family members in third countries, please do not hesitate to contact our office.

The Temporary Protection Directive can be found here.

The Council Implementing Decision that activated the Temporary Protection Directive can be found here.

INFORMATION FOR UKRAINIAN NATIONALS AND RESIDENTS OF UKRAINE TRAVELLING TO IRELAND

Since 25th February 2022 nationals of Ukraine do not need an entry visa to travel to and enter Ireland pursuant to S.I. No. 86/2022 – Immigration Act 2004 (Visas) (Amendment) Order 2022.

The EU Member states have now activated the application of Council Directive 2001/55/EC of 20 July 2001 by way of a Council implementing Decision. This means that the EU members states will now offer “temporary protection” to those fleeing the war in Ukraine.

Ireland along with the other EU member states will now offer and provide “temporary protection” to Ukrainian nationals and lawful residents of Ukraine. Temporary protection will be initially provided for 12 months, potentially renewable for a further 24 months.

It is estimated that upwards of 2,000 people have arrived in Ireland to date fleeing the war in Ukraine, with many more thousands expected to follow.

Following the adoption of Council Directive 2001/55/EC, those fleeing the war in Ukraine will not be required to submit  applications for asylum upon arrival in Ireland and will be offered temporary protection here.

Following a helpful briefing session with Government officials today, it is our understanding that the Irish Government are acting urgently to put in a place a system to provide temporary protection in the most humanitarian and urgent manner possible.

It is hoped that the process to obtain temporary protection will be an  extremely simple process and in  near future  it is hoped that this temporary permission will  in fact be provided at the airport or port of entry.

Temporary protection will be granted to persons arriving in Ireland from Ukraine and covers both Ukrainian nationals residing in Ukraine and also  nationals of other countries  or stateless persons residing legally in Ukraine and who are unable to return in safe and durable conditions to their country or region of origin, as well as their family members.

The requirement of inability to return in safe and durable conditions to their country or region of origin shall not apply to third-country nationals or stateless persons who have been legally residing on a long-term basis in Ukraine.

Family members include spouses, partners, children and also other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx, and who were wholly or mainly dependent on their family.

Persons holding temporary protection will enjoy the rights afforded under Section 60 of the International Protection Act 2015- to seek and enter employment and to engage in business, to access education and training, to receive medical care and social welfare benefits and the same right of travel in the State as those to which Irish citizens are entitled.

We welcome the Irish Government’s commitment to welcoming those impacted by the war in Ukraine to seek protection and safety in Ireland. We hope that the adoption of  a “temporary protection”  system within the EU will provide a streamlined and  efficient system focused on  the urgent  needs of the millions of people  who have been displaced by the war in Ukraine.

VISA REQUIREMENTS BETWEEN UKRAINE AND IRELAND LIFTED WITH IMMEDIATE EFFECT

Up until today, nationals of Ukraine required entry visas to travel to and enter Ireland.

This involves submitting a detailed visa application to the Irish Embassy prior to travel. This process can often incur long delays and requires a huge array of original documentation.

On the 25th February 2022, Minister for Justice, Helen McEntee has announced that nationals of Ukraine are now non-visa required persons in the Irish immigration context and that this emergency measure will be implemented with immediate effect.

This means that nationals of Ukraine no longer require an entry visa in advance of travel to the State and can travel to the State and request entry at the border as a non-visa required national.

In the Minister’s press release it is stated that those who travel to Ireland from Ukraine without a visa during this time will be given 90 days to regularise their immigration permission in the State.

The appropriate immigration application to make upon arrival in Ireland will differ depending on the particular circumstances of the person arriving.

In a statement, Minister McEntee stated that she is “appalled by the Russian invasion of Ukraine, and the unjustified and unprovoked attack against a democratic sovereign state in Europe.” Minister McEntee confirmed that Ireland stands in solidarity with the Ukrainian people.

The full announcement can be read here.

We welcome the Minister’s action which may assist citizens of Ukraine to flee to safety and assist families in Ireland to be reunited with their Ukrainian family members on an urgent basis and avoid a delayed visa processing system.

Berkeley Solicitors wishes to express our deepest concerns for the people of Ukraine and if you or your family require legal advice in respect of the matters raised in this blog please do not hesitate to get in touch.