By Isabella Reynard – Pupil Immigration Barrister
The Residence Workplace launched plenty of schemes to help Ukrainian nationals and their relations in response to the battle in Ukraine. This submit covers the adjustments to the Ukraine schemes below the Immigration Guidelines since its inception, following vital amendments in current months. These amendments outcome from the Statement of Changes to the Immigration Rules which got here into impact on 19 February 2024.
Ukraine Household Scheme Closed
Considerably, the Ukraine Family Scheme is now closed to new candidates.
As such, the 2 related routes which stay open are the Homes for Ukraine Sponsorship Scheme and the Ukraine Extension Scheme, as set out under.
Ukraine Extension Scheme Deadline
The deadline to use for the Ukraine Extension Scheme is 16 Might 2024. It stays open after this date just for youngsters who’re born within the UK to oldsters who qualify below Appendix Ukraine on the time of utility. For such youngsters, their permission will likely be granted according to their dad and mom.
If you’re making an utility by 16 Might 2024, you should have both:
- had permission to be within the UK on or between 18 March 2022 and 16 November 2023 – the permission doesn’t have to cowl the entire interval
- beforehand had permission to be within the UK and that permission expired on or after 1 January 2022
The Residence Workplace steering states the next relating to the definition of ‘permission to be in the UK’ below this route:
Ukrainian nationals who’re eligible for the Ukraine Extension Scheme might have permission below one other route within the Immigration Guidelines. They might even have been given permission exterior of the Immigration Guidelines, for instance the place that they had a sound go to visa however now not supposed to go to the UK.
Lots of the suitability necessities below Part 9 of the Immigration Rules apply below this scheme. As of 19 February 2024, two extra of the grounds for refusal have been made relevant, these are:
- earlier breach of immigration legal guidelines (paragraph 9.8.1-9.8.8)
- failure to supply required info (paragraph 9.9.1-9.9.2)
Functions made by 16 Might 2024 will be made for youngsters if the kid was born within the UK after 18 March 2022 and if one of many following is true:
- you could have permission to be within the UK below one of many Ukraine Schemes (together with the Ukraine Household Scheme)
- you qualify below the Ukraine Extension Scheme
With a view to qualify for the Ukraine Extension Scheme, you have to be within the UK on the date of utility and also you have to be a Ukrainian nationwide or the rapid member of the family of 1, who can be making use of to the scheme.
Quick relations below this scheme embody:
- spouses or civil companions
- single companions (you should have been dwelling collectively in a relationship for no less than 2 years)
- dad and mom (if you happen to’re below 18)
Beneath this route, you possibly can stay within the UK for as much as 3 years. It’s a free utility and entitles you to reside, work, examine and declare public funds within the UK. The Residence Workplace web site doesn’t give an estimated processing time for this visa. Word that no UK Sponsor is required to use below this route.
Houses for Ukraine Sponsorship Scheme
This scheme is for Ukrainian nationals and rapid relations who search permission to come back to the UK. Crucially, the scheme requires having somebody within the UK who’s prepared to supply a house, with the expectation being that the applicant(s) will be accommodated for no less than six months.
Every applicant should make a separate utility, together with youngsters making use of as a part of a household unit.
The essential eligibility standards for making use of below this scheme is to be a Ukrainian nationwide, or the rapid member of the family of 1, who:
- has been residing in Ukraine on or instantly earlier than 1 January 2022 (together with those that have now left Ukraine);
- is at present exterior the UK;
- has a UK-based sponsor who’s eligible for the Houses for Ukraine Scheme.
Extra detailed info on the necessities of the route will be discovered on this weblog submit here. Nonetheless, please be aware {that a} grant of permission on this scheme is now for 18 months not 36 months and a Sponsor can now not be any particular person holding no less than six months’ immigration permission. A Sponsor should now be:
- a British or Irish citizen, or be ‘settled in the UK’ (which implies having the best to reside within the UK completely)
- capable of present lodging for no less than 6 months
Equally to the Ukraine Extension Scheme, the 2 new grounds of refusal below Part 9 of the Immigration Rules at the moment are relevant to this scheme additionally.
New Ukraine Permission Extension Scheme
This can be a new scheme which can open from early 2025. The Residence Workplace web site signifies that it is possible for you to to use inside the final 3 months of your present visa.
You probably have beforehand been granted permission below one of many Ukraine scheme routes, you could possibly apply for an additional 18 months permission to remain. You might also be capable to apply if you happen to did have permission below the Ukraine schemes and subsequently efficiently utilized for one more visa to remain within the UK, or if you happen to maintain permission exterior of the Immigration Guidelines since you require sanctuary within the UK.
This route offers the identical entitlements as the opposite Ukraine schemes and is a free utility.
Restricted info is on the market on this route to this point since it isn’t but open. Updates will likely be posted on the federal government webpage here.
Different Choices for Ukrainians Staying within the UK
It’s also value contemplating in case you are eligible to use below one other immigration route, such because the accomplice route or a piece route. This can rely in your particular person circumstances and you might want to search authorized recommendation as to this.
At present, time spent below these routes doesn’t rely in direction of settlement below the accomplice or work routes. It’s subsequently value contemplating probably the most useful and expedient route in your circumstances in case your goal is to settle within the UK.
Contact Our Immigration Barristers
For skilled recommendation and help with functions below the Ukraine Scheme or different visa choices, contact our specialist immigration barristers on 0203 617 9173 or by way of the enquiry type under.
