News

Further support for Ukrainians

Given the developments in Ukraine last week and reports of the invasion by Russian forces intensifying, the Home Office has taken steps to introduce concessions and changes to the UK immigration application process to assist British nationals in Ukraine and Ukrainian nationals in Ukraine and the UK.

With announcements being made on a daily basis given the ever-changing situation, we seek to set out an overview of the UK government’s concessions and policies to help navigate the UK immigration system as of 3 March 2022. Up to date news on UK visa concessions can be found on the UK government website here.

Ukrainians in Ukraine or neighbouring countries

The Home Office has made it clear that any individuals wanting to come to the UK must obtain UK immigration permission before seeking entry. In particular, this currently requires applicants to find a way to provide their biometric data (fingerprints and a photograph). For safety reasons, the UK visa application centre (VAC) in Kyiv is closed and all UK visa services have been suspended. As a result, Ukrainian nationals who live in Ukraine are being directed to apply for any UK visa and provide their biometrics at the new, temporary location in the Lemberg Business Centre in the city of Lviv (Bogdana Hmelnytskogo str., 176, Business Centre Lemberg) or Rzeszow, Poland (uk. Warszawska 18, (35-205)). Alternatively, applicants can apply through a VAC in a nearby country such as Romania, Hungary or Moldova. While this has not been specifically stated, our understanding is that Ukrainian nationals currently living in another country should be able to complete the application process via the closest VAC they can safely travel to.

Local Sponsorship Scheme for Ukrainians

While the concessions initially focused on Ukrainian family members of British citizens (and subsequently extended family members), on 1 March 2022 the Prime Minister announced plans for a new sponsorship scheme for Ukrainians without family ties in the UK. This scheme will allow sponsors (such as communities, private sponsors or local authorities) to bring individuals who were forced to flee Ukraine to the UK. Individuals coming to the UK under this scheme will be granted permission for an initial period of 12 months, with the ability to work in the UK and access public services. Although final details are yet to be released, the government has indicated that there will be no cap on this scheme and the UK will welcome as many Ukrainians as wish to come and have matched sponsors. The government will be working with international partners to support displaced Ukrainians. 

Urgent travel to the UK

If there are compelling or compassionate reasons for needing to travel to the UK urgently, the Home Office directs individuals to make their application in the usual way (at the relevant sites) and inform VAC staff of these circumstances at their appointment. No further indication is provided about processing times for applications or the likelihood of their success. 

Concessions for family members of British nationals in Ukraine

One of the first concessions to be introduced by the UK government was for ‘immediate family members’ of British nationals and settled people in the UK. Non-British nationals can apply for a family migration visa for free if they are the family member of a British national who usually lives in Ukraine. The British national family member must be one of the following:

• a spouse or civil partner
• an unmarried partner (they must have been cohabiting in a relationship for at least two years)
• your parent if you are under the age of 18
• your child under the age of 18 or
• an adult relative you provide care for who lives with you due to a medical condition

Applicants are directed to contact UKVI on +44 808 164 8810 – select option 1 (from overseas) or 0808 164 8810 – select option 1 (from within the UK) before making an application. When contacting the Home Office, individuals will need to provide their personal information as well as details of their family members for UKVI to then confirm eligibility for a family migration visa and provide details of the free application process. Applications should then be processed within 24 hours of applicants providing their biometric data.

In addition to the introduction of this concession, the Home Office has relaxed the eligibility criteria for family member applications. Specifically, individuals will not be required to meet the English language requirement or meet the minimum income requirement. If this is the case however, the grant of UK immigration permission is likely to be for a period of 12 months, different to the period of leave of 33 months granted under the Immigration Rules for family members.

Ukraine Family Scheme

On 1 March 2022, positive changes were made for extended family members of British citizens and settled people in the UK. From Friday 4 March 2022, these individuals will be able to apply for permission under the Ukraine Family Scheme. Under this scheme, extended family members from Ukraine are:

• parents
• grandparents
• adult children
• siblings
• immediate family members of extended family members.

Formal details are yet to be announced, however applicants are directed to contact UKVI on 0300 3032785 before making an application. The application will need to be completed and submitted online and a biometric appointment booked at a VAC anywhere in Europe. Applications made under this category will be free and individuals will be granted UK immigration permission for an initial period of 12 months with the right to work in the UK and access public funds.

UK passport applications from Ukraine

The Passport Office is prioritising UK passport applications for British nationals in Ukraine and is proactively contacting people to get more information where needed to complete the processing of applications. From 24 February 2022, the Passport Office is no longer able to accept passport applications from Ukraine.

Ukrainian nationals in the UK

The Home Office introduced temporary concessions to the Immigration Rules which apply to Ukrainian nationals only (and their dependent partners and children) who lawfully entered the UK or made an entry clearance application prior to 24 February 2022 and have subsequently arrived after that date. These individuals must be in the UK lawfully, have been granted exceptional assurance or be overstayers, in line with the permitted timeframes as set out in the Immigration Rules.

Switching concessions

The switching rules for main applicants and/or their dependants have been waived for the following routes:

• Adult Dependent Relative
• Child Student
• Family Life as a parent or partner
• Global Talent
• Innovator
• International Sportsperson
• Intra-Company routes
• Investor
• Parent of a Child Student
• Representative of an Overseas Business
• Skilled Worker
• Start-up
• Student
• T2 Minister of Religion
• Temporary Work routes (Creative, Charity, Religious worker, Government Authorised Exchange, International Agreement)
• UK Ancestry

If seeking a concession, applicants must meet the requirements set out in the Immigration Rules for the relevant category. Individuals will need to confirm in writing that they wish to be considered under the concessions and provide an explanation for applying in-country rather than returning to Ukraine.

Extending current UK immigration permission

Individuals in the UK on certain routes can apply to extend their permission on the route and/or switch into another immigration route where they cannot return to Ukraine. They must meet the requirements of the relevant UK immigration category and pay any relevant Home Office fees:

• Visitor – can switch into a points-based route or a family visa route
• Skilled Worker – can apply to extend leave or settle in the UK
• Student – can apply to extend leave or switch to the Graduate route
• Seasonal Worker – can extend leave in job permitted by this route, with the same Scheme Operator, until 31 December 2022
• HGV driver – can extend leave to work in current occupation with the same sponsor, until 31 December 2022
• Pork Butcher – can extend leave until 31 December 2022

Individuals on the Seasonal Worker route (including the HGV driver and Pork Butcher routes) do not need to apply for extensions. The Home Office has said that it will notify individuals if the concession applies to them and work with migrants’ sponsors to progress their visa extensions. Individuals who are granted an extension must continue to work in their Seasonal Worker role for the duration of the extension.

Document flexibility for UK immigration applications

The documentary requirements under the Immigration Rules have been relaxed for all application types. Where this is needed, applicants are required to provide a ‘reasonable written explanation’ setting out the reasons why they cannot provide a document normally required under the Immigration Rules. Home Office caseworkers can then waive the requirement to provide a document and continue to process the application.

UK’s position v other EU countries

The European Union has announced that it will waive visa requirements for Ukrainian nationals fleeing the war for up to three years. This approach is much wider-reaching for individuals looking to move from Ukraine and get to a safe country. This is something immigration practitioners in the UK are lobbying for, given the escalating circumstances in Ukraine and the need to provide safe ways for Ukrainian nationals to seek sanctuary in the UK. It may be worth considering whether there is a possibility for Ukrainian nationals to move to a neighbouring European Union country (if safe to do so) before then making any UK visa applications from the EU country. This may carry a greater chance of success for the relevant UK visa application, while also providing the security of holding longer-term immigration permission for the relevant EU country. 

This article was first published by our UK member firm Doyle Clayton on 3 March 2022. For more information or questions on this topic, please contact Malini Skandachanmugarasan, Partner specialised in immigration law, Anita de Atouguia, Partner and Head of Immigration, or Zahira Patel, Associate in the London office.