The House Workplace launched immigration concessions and particular visa schemes in response to Russia’s full-scale invasion of Ukraine in 2022. These had been the Ukraine household scheme, Ukraine extension scheme, and Properties for Ukraine scheme. The division’s “core plan” was to concern visas fairly than formal refugee standing to Ukrainian residents, protecting them out of the crumbling asylum system.
The Ukraine household scheme was closed without notice on 19 February 2024. The Ukraine extension scheme has now additionally closed; the deadline to use was 16 Might 2024, though the extension scheme stays open for youngsters who’re born within the UK to folks who’ve permission underneath Appendix Ukraine Scheme. The Properties for Ukraine scheme stays open, however there have been latest modifications limiting its scope, as outlined beneath.
For these within the UK with permission underneath one of many Ukraine schemes, there shall be a brand new Ukraine permission extension scheme opening in early 2025.
Visa choices for folks fleeing Ukraine
The start line is that Ukrainians are visa nationals. Which means that they want a visa to enter the UK and can’t simply flip up on the border and ask to be admitted. The House Workplace place is that folks should get a visa earlier than journey.
As famous, kids who’re born within the UK to folks to have permission underneath Appendix Ukraine Scheme can apply to the Ukraine extension scheme to be granted go away consistent with their dad or mum(s). For all different candidates, the choices are as follows.
Properties for Ukraine
The one particular visa scheme for Ukrainians that continues to be open for purposes is the Properties for Ukraine scheme, also called the Ukraine Sponsorship Scheme. This permits Ukrainians to come back to the UK if they’ve a sponsor prepared to place them up for at the very least six months.
Beforehand, folks arriving underneath this scheme might keep for 3 years however this has now been lowered to 18 months. On the finish of the 18 months they might want to make one other software underneath the brand new Ukraine permission extension scheme – see beneath.
Folks granted underneath the Properties for Ukraine scheme have the suitable to work, examine and declare public funds. Benefits, housing and NHS laws have been amended to permit folks fleeing the battle to entry the welfare system and public companies.
Functions are online and Ukrainian passport holders can skip the visa software centre appointment. As a substitute they are going to be issued with a letter to current on the border. Both the sponsor or the individual being sponsored can fill out the appliance kind, as long as they’ve the opposite’s particulars.
Who can sponsor?
Appendix Ukraine Scheme says:
UKR 15.1. An applicant underneath the Properties for Ukraine Sponsorship Scheme should have an Accredited sponsor underneath the Properties for Ukraine Sponsorship Scheme.
UKR 15.2. The place a household group is making use of underneath the Properties for Ukraine Sponsorship Scheme, the Ukrainian nationwide and their instant relations (as described in UKR 18.1.) should have the identical Accredited sponsor underneath the Properties for Ukraine Sponsorship Scheme.
Beforehand, UK residents of any nationality might change into an “approved sponsor” offered that that they had at the very least six months’ immigration permission and will present at the very least six months’ lodging. Now solely those that are British, Irish or settled within the UK are eligible to sponsor folks underneath the scheme, making it tougher for Ukrainians to come back to the UK.
Sponsors are topic to “suitability” checks: “initial Police National Computer (PNC), criminal records and Warnings Index checks”; Disclosure and Barring Service checks; and a go to from the council to make sure that the lodging is appropriate. Folks sponsoring a household that features a baby or susceptible grownup will get enhanced DBS checks.
Steering for councils says that native officers “must make at least one in-person visit prior to the arrival of guests wherever possible” and in addition “are expected to make at least one in person visit once the guest(s) has arrived.”
Who will be sponsored?
Candidates should have been dwelling in Ukraine instantly earlier than 1 January 2022. It’s high quality if they’ve since left Ukraine and live in another nation, as long as that nation is just not the UK: purposes from inside the UK should not allowed.
The applicant additionally should be a Ukrainian citizen however they’ll deliver instant relations, who shouldn’t have be Ukrainian:
(a) accomplice of the Ukrainian nationwide; or
(b) baby aged underneath 18 on the date of software of the Ukrainian nationwide or of their accomplice; or
(c) dad or mum of a Ukrainian nationwide baby aged underneath 18 (the place the kid is making use of underneath the Properties for Ukraine Sponsorship Scheme); or
(d) fiancé(e) or proposed civil accomplice of the Ukrainian nationwide.
Common visas
With the Ukraine household scheme closed, any Ukrainians wishing to come back to the UK who aren’t capable of finding sponsorship underneath the Properties for Ukraine scheme should now apply underneath the common visa routes, comparable to work, examine and household visas.
Candidates might want to e-book and attend a biometric appointment if making use of underneath the common routes. If the biometric appointment is in Kyiv, profitable candidates might want to journey to the visa software centre in Warsaw with a legitimate worldwide passport to gather the visa vignette.
Doc flexibility
There’s a concession in place for purposes by Ukrainians and their dependants for a spread of labor and examine visas. The concession acknowledges that candidates in Ukraine could also be unable to offer sure paperwork and permits them to as an alternative present a letter explaining why specific paperwork will not be obtainable. The concession states:
As a result of present state of affairs in Ukraine, an applicant could also be unable to offer the total vary of paperwork required underneath the route underneath which they’re making use of. In that case, an applicant should clarify why they can not present a usually required doc once they make their software. They’ll do that by drafting a letter setting out their causes and utilizing the doc add perform when finishing their software.
The choice maker doesn’t require detailed proof as to why a doc is just not obtainable. They’ll as an alternative be glad with an inexpensive written rationalization supplied with the appliance as to why the doc can’t be obtained.
A enough and affordable rationalization might for instance be that it’s not potential to acquire a doc from an establishment as it’s not functioning or is just not providing its full vary of companies on account of present circumstances.
Coming into as a customer for “compassionate reasons”
There’s additionally a House Workplace guidance document for OISC advisers which confirms that folks in Ukraine who must enter the UK urgently can enter as guests for “compelling or compassionate reasons.” Guests should intend to depart the UK on the finish of the go to – a most of six months.
Bringing pets
There are arrangements for bringing as much as 5 pet animals from Ukraine to the UK. It’s essential to apply to the Animal and Plant Well being Company to deliver your pets. The House Workplace steerage web page units out the foundations and software course of. The foundations differ relying on the species of animal being introduced over.
Ukrainians within the UK
Ukraine permission extension scheme
Because the Ukraine extension scheme is now closed, there may be at the moment no particular visa scheme open for Ukrainians to increase their visas within the UK. The House Workplace have introduced {that a} new Ukraine permission extension scheme shall be opening in early 2025.
The brand new scheme will grant profitable candidates an additional 18 months of permission to stay within the UK and they’ll have the identical entitlements as different Ukraine schemes by way of entry to work, advantages, healthcare and schooling. The scheme can even be free.
The Ukraine permission extension scheme shall be open to those that have permission underneath the house for Ukraine scheme, or the now-closed Ukraine household scheme and Ukraine extension scheme. The steerage states that you could be even be eligible if you happen to beforehand had permission underneath a Ukraine scheme and now maintain one other legitimate visa.
Functions are set to open in early 2025, and candidates will typically have the ability to apply inside the final 3 months of their present visa. The earliest Ukraine scheme visas had been issued in March 2022 for 3 years, so the earliest Ukraine visas are on account of expire in March 2025.
Common visa extensions
Ukrainians are nonetheless capable of apply for normal visa extensions within the UK. The concession guidance that permits flexibility for entry clearance purposes from Ukraine additionally permits for folks already within the UK on work or examine routes to modify into different routes the place this may not usually be allowed.
Asylum
The place there aren’t any higher choices underneath the particular and common visa routes, Ukrainians are additionally capable of declare asylum within the UK. From the start of 2022 to the tip of March 2024, there have been 767 asylum claims made with Ukrainian nationals as the primary applicant. The general determine is increased as soon as dependants are included. On this interval there have been 442 grants of asylum or humanitarian safety, 15 refusals and 332 withdrawn claims.
You can not apply for asylum exterior the UK or get a visa for the precise objective of claiming asylum.
Folks can apply for asylum if they’ve a well-founded worry of persecution or are at basic threat of great hurt. If profitable, they might be granted refugee standing or humanitarian safety.
The House Workplace nation coverage and data notes on Ukraine had been final up to date in June 2022. The steerage says:
The safety state of affairs in Ukraine is such that there are substantial grounds for believing there’s a actual threat of great hurt on account of a severe and particular person menace to a civilian’s life or individual by motive of indiscriminate violence in a state of affairs of worldwide or inner armed battle, as outlined in paragraphs 339C and 339CA(iv) of the Immigration Guidelines.
The steerage additional confirms:
That the final humanitarian state of affairs in Ukraine is so extreme that there are substantial grounds for believing that there’s a actual threat of great hurt as a result of circumstances quantity to torture or inhuman or degrading remedy as outlined in paragraphs 339C and 339CA(iii) of the Immigration Guidelines/Article 3 of the European Conference on Human Rights (ECHR).
Different asylum seekers might worry persecution or severe hurt by the Ukrainian state due to points arising from army conscription, comparable to:
- The final remedy/circumstances of army service;
- The person is a conscientious objector;
- They refused penalties for desertion;
- Jail circumstances for draft evaders are such that a person dangers severe hurt.
Nonetheless, the individual’s remedy should attain a excessive threshold of persecution or severe hurt. The nation steerage case of PK and OS (fundamental guidelines of human conduct) Ukraine CG [2020] UKUT 314 (IAC) discovered that it’s not fairly seemingly {that a} draft evader avoiding conscription or mobilisation in Ukraine would face prison or administrative proceedings. That stated, the House Workplace agreed to withdraw its determination to refuse asylum to the appellant OS and so others in his place might additionally argue that issues have modified since that case was determined.
It might even be potential for Ukrainians to assert asylum based mostly on sexual id given evidence concerning the remedy of the LGBT+ neighborhood.
Closed visa schemes
The Ukraine household scheme
The Ukraine family scheme allowed British residents and lots of immigrants dwelling within the UK to sponsor Ukrainian relations who wouldn’t usually qualify for a household visa, together with dad and mom, kids, siblings, aunts, uncles and in-laws.
Functions had been free and there was no immigration well being surcharge. The visa was granted for 36 months and got here with the suitable to work, examine and declare advantages.
Functions had been made by an online application form. Ukrainian worldwide passport holders weren’t required to attend a visa appointment in individual; as an alternative they might apply fully on-line utilizing the UK authorities smartphone app. The scheme was later opened as much as candidates from inside the UK in addition to these abroad.
Who might be a sponsor?
Sponsors might deliver Ukrainian household into the UK in the event that they had been a British citizen or a migrant with one of many following statuses:
- Indefinite go away to stay
- EU settled standing
- EU pre-settled standing
- Refugee standing
- Humanitarian safety
Who couldn’t be a sponsor?
The scheme didn’t cowl migrants with momentary immigration permission to be within the UK (aside from EU pre-settled standing). For instance, Seasonal Staff and people with partner visas couldn’t sponsor household underneath the scheme.
Folks with pending claims for refugee standing or humanitarian safety (asylum seekers) couldn’t be sponsors both.
Who might be sponsored?
The next guidelines outlined who might be sponsored underneath the scheme. These guidelines have since been deleted from Appendix Ukraine Scheme. Firstly, the sponsor’s “immediate family” which was outlined as a:
(i) accomplice of the UK-based sponsor; or
(ii) baby aged underneath 18 on the date of software of the UK-based sponsor or of the UK-based sponsor’s accomplice; or
(iii) dad or mum of a kid (who’s underneath 18 on the date of software), the place the kid is the UK-based sponsor; or
(iv) fiancé(e) or proposed civil accomplice of the UK-based sponsor; or
Additionally the sponsor’s “extended family”:
(i) dad or mum of a UK-based sponsor, or of the UK-based sponsor’s accomplice (the place the sponsor or accomplice is aged 18 or over on the date of software); or
(ii) dad or mum of the UK-based sponsor’s baby or of the UK-based sponsor’s accomplice’s baby (the place the kid is underneath 18 on the date of software); or
(iii) grandparent of the UK-based sponsor or of the UK-based sponsor’s accomplice; or
(iv) grandchild of the UK-based sponsor or of the UK-based sponsor’s accomplice; or
(v) sibling of the UK-based sponsor or of the UK-based sponsor’s accomplice; or
(vi) grownup baby (aged 18 or over on the date of software) of the UK- based mostly sponsor or of the UK-based sponsor’s accomplice; or
(vii) aunt or uncle of the UK-based sponsor; or
(viii)cousin of the UK-based sponsor; or
(ix) niece or nephew of the UK-based sponsor
As well as, prolonged relations might deliver a few of their personal instant relations:
(i) accomplice of an prolonged member of the family; or
(ii) baby aged underneath 18 on the date of software of an prolonged member of the family; or
(iii) dad or mum of a kid aged underneath 18 on the date of software, the place the kid is the prolonged member of the family; or
(iv) fiancé(e) or proposed civil accomplice of an prolonged member of the family.
Past that, the foundations said that “other family members will be considered where there are exceptional circumstances”.
Nationality-wise, the steerage stated “Applicants to the scheme must be Ukrainian nationals unless they are applying as part of a family group with their immediate family member who is a Ukrainian national”. In different phrases, there must be a Ukrainian anchor applicant to deliver non-Ukrainians in together with them.
Who couldn’t be sponsored?
Many of the traditional grounds for refusal underneath Part 9 of the immigration guidelines utilized. This meant that folks with prison data couldn’t be accepted underneath the scheme.
Lastly, the scheme was restricted to individuals who had been ordinarily resident in Ukraine instantly earlier than 1 January 2022.
Ukraine extension scheme
The Ukraine extension scheme allowed Ukrainians who had been within the UK with different visas, comparable to work, pupil and even customer visas, to remain within the UK. The scheme opened on 3 Might 2022 and the deadline for purposes was 16 Might 2024.
Nonetheless, the scheme stays open for youngsters who’re born within the UK to folks who’ve permission underneath the Ukraine Scheme.
The foundations for the Ukraine extension scheme are set out in paragraphs UKR 21.1 to twenty-eight.2 of Appendix Ukraine Scheme, although now these guidelines are solely relevant to kids born within the UK to folks with permission underneath the Ukraine Scheme. Just like the others, the Ukraine extension scheme was free and got here with entry to work, examine and advantages for 36 months.
Regardless of the identify, it was not merely a continuation of present permission which can have tied the individual to an employer; with this scheme there was no sponsor concerned in any respect.
Extension scheme candidates needed to be within the UK and needed to have had permission to enter or keep within the UK instantly earlier than 1 January 2022, even when that permission had since expired.
The applying kind included a warning that “if you did not have permission to be in the UK before 1 January 2022 your application is likely to be refused”. In different phrases, if you happen to had been an overstayer since earlier than the beginning of 2022, you had been out of luck. Folks on this place might have wanted to assert asylum so as to have any sort of authorized standing within the UK.
This text was initially printed on 23 February 2022 by Alex Piletska and Katherine Soroya. It has been up to date by Rachel Whickman in order that it’s right as of the brand new date of publication proven.
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