Recent changes to the Ukraine Schemes
Nardos Engeda
The United Nations predicted the invasion will lead to around 5 million refugees fleeing Ukraine. Many have so far travelled to neighbouring countries. There has been lots of focus on the UK’s response.
We provide some answers here to commonly asked questions and outline some of the immigration options and concessions introduced in response to the war. There are options for Ukrainians outside the UK and for those who are already in the UK.
Our team has been providing pro bono advice as part of the Ukraine Advice Project UK.
Please note that the questions and answers on this page are for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific circumstances.
Ukrainians outside the UK
UKRAINE FAMILY SCHEME
The Ukraine Family Scheme opened on 4 March 2022 and allowed applicants to join family members in the UK. The Ukraine Family Scheme closed on 19 February 2024
Applicants who have made successful applications under the Ukraine Family Scheme will have been given a visa for up to 3 years to stay in the UK. They can still remain in the UK so long as the visa remains valid.
Yes. Successful applicants will have the right to work and study. You can also claim public funds.
Yes. The Home Office have set up a 24/7 free helpline to assist those looking to apply to the Ukraine Family Scheme. The helpline number is: +44 808 164 8810 (0808 164 8810 if you’re in the UK). If you cannot contact UK 0808 numbers, the phone number to use is +44 (0)175 390 7510.
You can find more information on the number of submitted applications and how many visas have been issued at: Ukraine Family Scheme: application data.
HOMES FOR UKRAINE SCHEME / UKRAINE SPONSORSHIP SCHEME
The Home Office has created a new Ukraine Sponsorship Scheme called Homes for Ukraine (previously referred to as a local sponsorship scheme or the ‘Humanitarian route’). This route will help Ukrainian nationals who do not have an eligible family member in the UK for a Ukraine Family Scheme application. The Home Office guidance is here.
The scheme enables people in the UK to offer fleeing Ukrainian refugees and their immediate family members who were in Ukraine before 1 January 2022 a home in the UK. As of February 2024, sponsors need to be British or Irish citizens or hold indefinite leave to remain or settled status in the UK. Applicants need to be outside the UK. Sponsors will be paid £350 per month (this increases to £500 per month after 12 months) and must offer at least 6-months’ accommodation, hopefully longer. There is no cap on the number of refugees which can come to the UK under this scheme.
Private individuals in the UK who can offer a suitable home have been able to sponsor a named Ukrainian refugee and their immediate family members since 18 March 2022. A single online form should be filled out by the person in the UK and/or the applicant. Charities and other groups in the UK may be able to assist with ‘matching’ so that people can identify and name refugees in the application. Potential hosts/sponsors can also record their interest.
The sponsor and/or the applicant will complete the joint online application form. There is not an application fee.
Appropriate accommodation will need to be demonstrated and sponsors and applicants will be security checked. If applicants have a Ukrainian international passport, the process will be online and attendance at a visa application centre will not be required. Documents to show the identity of the UK sponsor and the applicants’ presence in Ukraine before 1 January 2022 can be uploaded. Once digital approval is received and the applicants travel to the UK, at the border they will receive a 6-month stamp in their passport. Once in the UK and before the 6-month visa expires they will provide their biometrics, apply to extend their stay for up to 3 years and receive a biometric residence permit. Alternatively, when first applying outside the UK, those with a valid Ukrainian passport can provide their biometrics using the UK Immigration: ID check app. If the app has been used, an extension application is not required and the biometric residence permit can be collected once in the UK.
If however international passports are not held, it will be necessary to book an appointment outside the UK to provide biometrics at a UK visa application centre.
The visa will last for 18 months This was reduced from 3 years in February 2024.
Yes. Visa holders will be able to work and claim public funds.
OTHER VISA OPTIONS
As Ukrainians are visa nationals, they have to apply for a prior visa to enter the UK. The guidance includes reference to applying where there are urgent compelling and compassionate reasons, which would be expected to be satisfied for Ukrainians. The Home Office should be taking a flexible approach. If you need help with your options, please contact us or the Ukraine Advice Project UK.
Ukrainians inside the UK
Ukrainian nationals already in the UK on visas are able to switch or extend their visas from within the UK, if even the visa route does not usually allow them to do so.
The Home Office guidance states that those who wish to switch into a new immigration route which would usually require them to submit an application outside the UK, will be able to do so from within the UK. For example, Ukrainian nationals in the UK on a visitor visa will be able to switch into the Skilled Worker immigration category from within the UK if they find an employer willing to sponsor them under the Skilled Worker visa category.
As mentioned above, the guidance confirms that those who meet the eligibility criteria can also switch into the Ukraine Family Scheme from within the UK.
Ukrainian nationals already in the UK under visa routes such as Skilled Worker or Student visas and have visas expiring in the near future can make a valid application to extend or switch their visas in the UK where they meet the Immigration Rules for the route they are applying under.
From 3 May 2022 the Ukraine Extension Scheme commenced. Applicants must have held permission to be in the UK on or between 18 March 2022 and 16 May 2023 (the permission does not need to cover the whole period), or alternatively have previously held permission to be in the UK and that permission expired on or after 1 January 2022. It is for Ukrainian nationals, and their partner and children can also apply if they are already in the UK as dependants.
From 3 May 2022 the Ukraine Extension Scheme commenced. Applicants must have held permission to be in the UK on or between 18 March 2022 and 16 May 2023 (the permission does not need to cover the whole period), or alternatively have previously held permission to be in the UK and that permission expired on or after 1 January 2022. It is for Ukrainian nationals, and their partner and children can also apply if they are already in the UK as dependants.
The Ukraine Extension Scheme will be closing on 16 May 2024 and any applications need to be submitted before this date.
Children born in the UK after 18 March 2022 who have permission to be in the UK under the Ukraine Family Scheme or the Homes for Ukraine Scheme, can apply under the Ukraine Extension Scheme after 16 May 2024, providing they meet the requirements.
This is different to the Ukraine Extension Scheme and the scheme will open in early 2025. You can apply for an additional 18 months of permission to remain in the UK, if you have permission to be in the UK under either the Homes for Ukraine Scheme, Ukraine Family Scheme or Ukraine Extension Scheme.
Applicants will be able to apply at least 3 months prior to the expiry of their current visa.
The Home Office is expected to release further information about the Ukraine Permission Extension Scheme towards the end of 2024.
Ukrainian nationals could consider claiming asylum in the UK on the basis they have a well-founded fear of persecution and are at risk of harm. It is not possible to claim asylum outside of the UK, so those wishing to do so will need to apply from within the UK.
As conditions in Ukraine worsen for civilians, there is a chance that those who do not qualify for refugee status in the UK will be granted Humanitarian Protection due to the risk which would be posed to them in Ukraine as a result of the war. Asylum claims and humanitarian protection cases are assessed on a case to case basis, and often take a long time to be processed due to the backlog of claims.
For more information please do not hesitate to contact a member of the immigration team.
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Nardos Engeda
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