New extension scheme but there’s still no route to settlement for Ukrainian nationals in the UK

In response to the invasion of Ukraine by Russian armed forces in February 2022, the UK government introduced various immigration routes for Ukrainian nationals seeking safety in the UK. However, recent updates to the Immigration Rules regarding the Long Residence route have made clear that time spent in the UK under the Ukraine Schemes no longer counts toward the 10-year qualifying period required for settlement.

The Ukraine Permission Extension Scheme

The Ukraine Scheme was introduced to provide temporary sanctuary for Ukrainians fleeing the ongoing conflict in their home country.

Fears at the start of 2024 by Ukrainian residents about the expiry of their visas led the Conservative government to announce that 18-month extensions of the visas will be possible from early 2025. The process for securing an extension lies under the Ukraine Permission Extension Scheme which replaced the Ukraine Extension Scheme on 4 February 2025.

While many other UK visa routes lead to settlement (also known as indefinite leave to remain) after 5 years, these extensions cannot be extended further and do not contribute to an individual being able to apply for settlement.  Instead, extensions will be free and will grant the same rights to work, claim benefits and use the NHS as before.  People with permission under the Ukraine Schemes have had 3 years and now can get an extension for another 18 months, leaving them short of the usual 5 year qualifying period. 

Appendix Long Residence, which allows individuals to apply for settlement after 10 years of lawful residence, was amended in December 2024 to also close the door on potential long-term settlement applications. It now states that time spent in the UK with leave under the Ukraine schemes cannot be counted towards settlement. This means that even with the 18-month visa extensions, all Ukraine visas will begin to expire towards the end of 2026.

Claims to settlement

The updates to Appendix Long Residence have unfortunately now denied Ukrainian nationals who wished to settle in the UK the benefits of the Long Residence route which recognises the contributions of long-term residents by providing a clear framework for those seeking settlement.

The former Conservative government sought to explain the update by stating that while the amendment to Appendix Long Residence may seem like a policy change, it has not technically introduced any new policy. Rather it has made explicit what has always been the pre-existing position: that the key purpose of the Ukraine Scheme was to provide temporary protection, rather than permanent settlement, to Ukrainian nationals.

This clarification reflects the Conservative government’s position that allowing settlement for Ukrainian nationals in the UK is neither necessary nor in the interests of Ukraine. In a written statement to Parliament, Seema Malhotra, the former Conservative Parliamentary Under-Secretary of State for Migration and Citizenship, stated:

‘We have we have always been clear that the Ukraine schemes provide temporary sanctuary in the UK only while the war in Ukraine remains ongoing, and that they are not a route to settlement in the UK. This is in line with the express wishes of the Ukrainian government, who will need their nationals to return to help rebuild the country when it is safe to do so’.

Any alternatives to settlement?

While individuals on Ukraine visas do not have refugee status, they could potentially nevertheless look to claim asylum. This status would provide a pathway to settlement; however, the likelihood of a successful application would depend on the conditions in Ukraine at the time and their own particular circumstances.

Individuals could also apply to switch from their Ukraine visas to another route which does offer settlement, for example a partner or Skilled Worker visa.

Ultimately however, the cost of these alternative routes to settlement are high, and may not be fit for all Ukrainians who want to remain in the UK.

The Impact of being unable to settle

While the position of Ukraine in wishing their nationals to return has to be respected, settling in the UK comes with many advantages.

According to the Migration Observatory at the University of Oxford, most Ukrainians stated that they want to remain in the UK long term. An April 2024 survey found that 68% of respondents said that they intended to continue living in the UK even after it was safe to return to Ukraine. Limiting the right to settle also ignores the fact that people are establishing private and family lives in the UK and, particularly for those who have fled traumatic experiences before arrival, uprooting their lives again in the future is likely to be particularly challenging.

The impact of being unable to settle in the UK will therefore create uncertainty for Ukrainian nationals as it will make any long-term planning extremely challenging. For those who have already had to flee conflict, adding further administrative burdens and stress to the individual feels like an unnecessary pressure to impose.

further information

If you have any queries on the issues raised above or any other immigration matter, please contact a member of the immigration team.

About the Authors

Asha is a Trainee Solicitor currently in her second seat with the Medical Negligence & Personal Injury team. Asha joined Kingsley Napley in September 2024.

Katie is a Partner in the immigration team and has over 10 years' experience across a wide spectrum of UK immigration matters, with particular expertise in applications made under Tier 1 of the Points Based System and complex personal immigration matters.