Temporary Protection & International Protection
Temporary Protection & International Protection
Types of Protection
Temporary Protection is different to International Protection in many important respects. This information hub page sets out to outline the differences between international protection and temporary protection in Ireland.
Temporary Protection
Temporary Protection is an EU wide form of protection granted to those fleeing the war in Ukraine. It is provided for under the Temporary Protection Directive (2001/55 EC), and Ireland gives effect to this law under section 60 of the International Protection Act 2015.
International Protection
International Protection is a form of protection granted to those fleeing persecution in their home countries and is granted on the basis of an assessment of an individual’s circumstances.
Eligibility Criteria
Temporary Protection
Temporary Protection is granted to:
- Ukrainian nationals, or,
- Third Country Nationals (TCNs), or,
- Stateless Persons
provided they resided in Ukraine before the 24th of February 2022, and provided such individuals are not availing of Temporary Protection in another EU member state. [OS1]
International Protection
There are two important forms of international protection in Ireland:
- Refugee status, and
- Subsidiary Protection
To qualify for international protection, a person must make an application to the International Protection Office. An applicant will be granted either refugee status or subsidiary protection where it is found that they meet the relevant definition, as defined under International and EU law.
Refugee
A refugee is a person who is outside their country of origin/ country of former habitual residence, owing to a ‘well-founded fear of persecution’ linked to one or more of the below five grounds:
- Race
- Religion
- Political Opinion (can be imputed or by association)
- Nationality
- Membership of a Particular Social Group (e.g. gender, sexual orientation, disability, etc.
Subsidiary Protection
If it is decided that you are not a refugee, you may qualify for subsidiary protection if there are substantial grounds for believing that you would face a real risk of suffering serious harm if returned to your country of origin/country of former habitual residence.
To be eligible for Subsidiary Protection a person needs to demonstrate that they face ‘serious harm’ in their country of origin, for instance:
- Death penalty or execution
- Torture or inhuman or degrading treatment
- Serious threat to your life due to indiscriminate violence in international or internal armed conflict (war).
Procedure
Temporary Protection
Those in need of Temporary Protection should present to an immigration officer at the border when entering Ireland. It is likely that any such person will then be referred to the City West Convention Centre in Dublin to complete the process.
For those already residing in Ireland and seeking to avail of Temporary Protection, it is advised to attend the City West Convention Centre.
The Address for the CityWest Convention Centre is:
CityWest Convention Centre
Garters Lane,
Saggart,
Dublin,
D24A38Y
After registering for Temporary Protection, a person will be issued with an Irish Residence Permit (IRP).
International Protection
Applicants for International Protection must lodge their applications at one of 2 locations. The International Protection Office on Lower Mount Street, Dublin 2, or City West, Dublin 24. Please see here for further information.
Applicants are required to fill a questionnaire the day they apply for international protection. They will then be called back for a substantive interview. Both the Questionnaire and the interview form the basis upon which an application for international protection is assessed.
When applying for international protection, an applicant is applying for Refugee Status, Subsidiary Protection, and a discretionary Permission to Remain.
If the International Protection Office does not grant the applicant international protection (i.e. Refugee Status of Subsidiary Protection), the minister will consider granting discretionary permission to remain.
It is also possible to appeal a decision of the International Protection Office not to grant either Refugee Status or Subsidiary Protection. Appeals are lodged to the International Protection Appeal Tribunal (IPAT).
If the IPAT finds against an applicant, an applicant can finally ask the minister to review their permission to remain application.
Residency
Temporary Protection
Beneficiaries of Temporary Protection (BOTPs) are entitled to reside in Ireland for as long as the Temporary Protection Directive applies. It has presently been extended to March 2027, and Ireland has opted into this.
International Protection
- Those awaiting a decision on their application:
Throughout the international protection process, applicants are granted a right to reside for the purposes of their engagement with the international protection process. This right is removed if the applicant is refused international protection. - Those granted International Protection or Permission to Remain:
Those granted international protection or Permission to Remain have a right to reside and will receive a ‘stamp 4’ residence permit which is renewable upon expiry.
Employment
Temporary Protection
Beneficiaries of Temporary Protection are permitted to access the labour market, including self-employment.
International Protection
- Those awaiting a decision on their application:
Access to the labour market is limited for international protection applicants. Applicants may access the labour market only in circumstances where they have not received a first instance decision within 6 months. - Those granted International Protection or Permission to Remain:
If granted International Protection or Permission to Remain, individuals can access the labour market, as freely as an Irish citizen.
Travel Outside of Ireland
Temporary Protection
Beneficiaries of Temporary Protection can leave Ireland and return as long as the Temporary Protection Directve is being applied. This includes returning to Ukraine.
International Protection
- Those awaiting a decision on their application:
Whilst in the international protection process, applicants are not permitted to leave Ireland without the permission of the Minister for Justice which is typically only granted in exceptional circumstances. - Those granted International Protection or Permission to Remain:
Those granted international protection are permitted to travel outside of Ireland. However they are advised not to return to their contries of origin as to do so could place them in danger and undermine their claim. Refugees, and in some limited circumstances beneficiaries of subsidiary protection, are entitled to a Refugee Convention Travel Document.
Those granted Permission to Remain are entitled to travel outside of Ireland, including to their countries of origin, using their own national passports.
Accommodation
Temporary Protection
Beneficiaries of Temporary Protection can avail of state provided accommodation for 30 days in a designated accommodation centre (DAC). Accommodation provided may be quite basic, emergency accommodation and could be anywhere in the country, including in some instances in remote rural locations.
Alternatively Beneficiaries of Temporary Protection can make their own arrangements for accommodation. Beneficiaries of Temporary Protection may have the option to access accommodation through the Accommodation Recognition Payment (ARP) scheme or apply for Rent Supplement, depending on their individual circumstances and eligibility.
For more information on available housing supports for Beneficiaries of Temporary Protection see here, here and here.
International Protection
- Those awaiting a decision on their application:
International Protection Applicants are entitled to accommodation through the International Protection Accommodation Service (IPAS). Accommodation provided may be quite basic, emergency accommodation and could be anywhere in the country, including in some instances in remote rural locations. - Those granted International Protection or Permission to Remain:
Those granted international protection or permission to remain can access mainstream housing supports as freely as an irish citizen,
This includes Social Housing Support and Rent Supplement.
Financial Support
Temporary Protection
Beneficiaries of Temporary Protection, who are residing in a Designated Accommodation Centre (DAC) are entitled to a weekly allowance of €38.80 per adult and €29.80 per child, and Child Benefit.
If not staying in a Designated Accommodation Centre (DAC), Beneficiaries of Temporary Protection can apply for mainstream social welfare benefits from the Department of Social Protection on an equal basis as Irish citizens subject to meeting the eligibility criteria. For more information see here.
International Protection
- Those awaiting a decision on their application:
International Protection Applicants who are residing in International Protection Accommodation Services (IPAS), are entitled to a weekly allowance of €38.80 per adult and €29.80 per child. International Protection Applicants are not entitled to Child Benefit. - Those granted International Protection or Permission to Remain:
Those granted international protection or permission to remain can access mainstream social welfare supports on an equal basis as Irish citizens subject to meeting the eligibility criteria. For more information see here.
Citizenship/ Naturalisation
Temporary Protection
Residence in Ireland under the Temporary Protection Directive does not presently count as reckonable residence for the purpose of seeking naturalisation/ citizesnhip in Ireland.
International Protection
Those granted international protection or permission to remain may apply for naturalisation after 5 years residency subject to eligibility criteria. See our information hub page here for further updates.
Further Information:
If you have any questions in relation to the above, please see here for information on how to get in touch with the team.