New rules for Ukrainian nationals

Significant changes have been made to the UK’s existing arrangements for those fleeing Ukraine or applying to remain in the UK. In a Statement to the House of Commons on 19 February 2024, Tom Pursglove MP announced the Government’s intention to create a new Ukraine Permission Extension Scheme (UPE) to provide a new route for Ukrainians to apply for a further 18 months’ permission to stay in the UK on expiry of their current visa.

Background

In the wake of Russia’s invasion of Ukraine, the UK Government introduced various visa schemes to help Ukrainians flee to a place of safety. These included:

• The Ukraine Family Scheme – where a family member (immediate or extended) who was settled in the UK could sponsor Ukrainians fleeing the conflict.
• The Ukraine Sponsorship Scheme (Homes for Ukraine) – where any householder with at least six months’ permission to be in the UK could sponsor and accommodate Ukrainians fleeing the war for a minimum period of six months) and;
• The Ukraine Extension Scheme – where Ukrainians already in the UK on time-limited visas could switch into the Ukraine scheme, e.g. from a visit, study or seasonal worker visa.

Successful applicants to these schemes were granted a period of permission to live and work in the UK for three years; the scheme is not a route to settlement in the UK. With the schemes initially opening in March 2022, the first recipients’ permission to stay in the UK is due to expire next year. Calls were therefore being made for the Government to announce its plans, if any, to extend the scheme to provide certainty to those in the UK.

What’s changing?

The main changes, set out in the Statement of Changes in the Immigration Rules (HC 556) alongside its Explanatory Memorandum, are summarised below:

Closure of the Ukraine Family Scheme (UFS)

The Ukraine Family Scheme route has been closed. Applications submitted to the Ukraine Family Scheme before 3pm on 19 February 2024 will be considered under the rules in force on 18 February 2024. People who already have permission to enter or stay under the Ukraine Family Scheme will continue to hold that permission despite the closure to new applicants. After that, they will need to apply for a further 18 months’ permission to stay under the new Ukraine Permission Extension Scheme.

Changes to the Homes for Ukraine Sponsorship Scheme (HFU)

It is intended that the Homes for Ukraine Sponsorship Scheme will be the only out-of-country route open to those fleeing Ukraine. Sponsor eligibility under the scheme is set to change – only British or Irish citizens or those with settled status in the UK will be eligible to act as sponsors. Previously those with at least six months’ permission to be in the UK could act as sponsors.

Furthermore, suitability requirements under this and the Ukraine Extension Scheme route have been widened to include previous breaches of immigration laws and failure to provide required information.

If successful, applicants will now be granted 18 as opposed to 36 months on the scheme. Those with visas set to expire on this route will need to make an application to the new Ukraine Permission Extension Scheme (UPE) for an additional 18 months.  Approved Sponsors of unaccompanied Ukrainian children need only agree to accommodate the child for “at least 18 months” as opposed to three years under the old rules.

Amendments to the Ukraine Extension Scheme (UES)

The Ukraine Extension Scheme is set to close to all applications made after 16 May 2024, unless the applicant is born in the UK after 18 March 2022 to a parent who has permission under Appendix Ukraine Scheme (and the now closed Ukraine Family Scheme).

Conclusion

The closure of the Ukraine Family Scheme to new applicants came as a surprise to many. Those in the process of preparing an application under the Ukraine Family Scheme will now have to apply under the more restrictive Homes for Ukraine Sponsorship Scheme. This may result in the exclusion of some who may otherwise have qualified before the changes came into force. Those impacted by these changes may need advice on alternative immigration options, such as making a human rights claim to join family in the UK.

Those Ukrainians already in the UK on time-limited visas and who wish to explore the option of switching into the Ukraine scheme, should be mindful of the deadline of 16 May 2024.

Should you require advice and assistance to navigate these changes, please get in touch with a member of our immigration team.