14 March 2022

The Home Office has introduced a series of concessions to the Immigration Rules as well as new routes for the family members of British nationals, people settled in the UK and certain others to come to and stay in the UK. In this article, we set out the recent changes and routes announced by the Home Office. This article is accurate as of the time of publication.

Summary of routes available to Ukrainian nationals
The Home Office has announced three main options for Ukrainians and their families: concessions to the Immigration Rules, the Ukrainian Family Scheme, and the Homes for Ukraine scheme. The latter two are part of the Home Office’s “humanitarian visa route”.

Concessions (Ukrainians in the UK)	Humanitarian visa route (Ukrainians inside and/or outside the UK)
Concessions to Immigration Rules	Ukrainian Family Scheme	Homes for Ukraine
Concessions: •       Switching •       Documentary evidence •       TB testing	Family of British and non-British nationals settled in UK (includes extended family and their immediate family)	Sponsorship by: •       individuals; •       charities; •       businesses; or •       community groups
Period of leave varies	36 months leave	36 months leave
In force	In force	18 March 2022

Concessions to the Immigration Rules – Ukrainians in the UK
The Home Office has introduced temporary concessions to the Immigration Rules which apply to Ukrainian nationals only (and their dependent partners and children) who are already in the UK. These concessions allow individuals to extend their stay or switch to another immigration route. The concessions cover switching rules, documentary evidence requirements, and TB testing requirements.

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

• Adult Dependent Relative
• Child Student
• Family Life as a parent
• Family life with a 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
• UK Ancestry

In addition, individuals in the UK on the following routes can apply to extend their permission on the route and/or switch into another immigration route provided they cannot return to Ukraine, meet the requirements of that route, and pay any relevant fees:

• Visitor – can apply to switch into a points-based route or a family visa route.
• Skilled Worker – can apply to stay or settle in the UK.
• Student – can apply to stay or switch to the Graduate route.
• Seasonal Worker – can extend leave until 31 December 2022.
• HGV driver – can extend leave 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. Instead, 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.

Documentary evidence concession
The documentary evidence required under the Immigration Rules has been relaxed. Where an applicant makes a “reasonable written explanation” about why they cannot provide a document normally required under the Rules, the caseworker can waive the requirement to provide such a document. Applicants do not need to supply detailed evidence as to why they cannot produce a particular document.

TB concession
The requirements for a TB test certificate have been temporarily waived.

A helpline has been established for individuals in the UK who require assistance:

• Telephone 0808 164 8810 and select option 2.
• Monday to Thursday (excluding bank holidays), 9am to 4:45pm.
• Friday (excluding bank holidays), 9am to 4:30pm.
• This is a free phone number, but network charges may still apply.

Ukrainian Family Scheme – Ukrainians inside or outside the UK
The Ukrainian Family Scheme allows certain family members of UK-based individuals to come to the UK.

Residence requirement
Applicants must have ordinarily been resident in the Ukraine before 1 January 2022 and must provide evidence of such. This may include utility bills, bank statements, mortgage or tenancy agreements, and employment letters. However, where individuals are unable to produce evidence to this effect (due to the conflict in Ukraine), caseworkers can waive this requirement.

Relationship requirement
Applicants must be an eligible family member of a UK-based sponsor who is resident in the UK (unless they are a British citizen). A UK-based sponsor is any of the following:

• a British citizen;
• a person who is settled in the UK or has pre-settled status (under the European Union Settlement Scheme (‘EUSS’)); or
• a person in the UK with refugee leave or with humanitarian protection.

Applicants are required to produce evidence of their UK-based sponsor’s status. This could include a copy of their British passport, a copy of their biometric residence permit (‘BRP’), or a copy of documentation proving their settled or pre-settled status (under the EUSS). Where an applicant is unable to produce such evidence, caseworkers should make attempts to verify the sponsor’s status themselves.

The applicant must be a family member of the UK-based sponsor under one of the following categories:

• Immediate family
  • partner of the UK-based sponsor;
  • child under 18 of the UK-based sponsor or their partner;
  • parent of a child under 18 who is the child of the UK-based sponsor; or
  • fiancé(e) or proposed civil partner of the UK-based sponsor.
• Extended family
  • parent of a person aged 18 or over who is the UK-based sponsor;
  • grandparent of the UK-based sponsor;
  • grandchild of the UK-based sponsor or their partner;
  • sibling of the UK-based sponsor;
  • adult child of the UK based-sponsor;
  • aunt or uncle of the UK-based sponsor;
  • cousin of the UK-based sponsor;
  • niece or nephew of the UK-based sponsor; or
  • grandparent, parent or sibling of the UK-based sponsor’s partner.
• Immediate family of extended family
  • partner of an extended family member;
  • child under 18 of an extended family member;
  • parent of a child under 18 who is an extended family member; or
  • fiancé(e) or proposed civil partner of an extended family member.

Immediate family members of extended family members must apply at the same time as the extended family member or the extended family member must have already been granted permission under the scheme by the time the immediate family member applies.

Applicants are required to provide evidence of their family relationship. This could include the likes of a marriage or civil partnership certificate, or a birth or adoption certificate. However, caseworkers have discretion to take into account any reasonable explanation for an applicant being unable to produce the required evidence.

Where a relationship is not covered by the definitions above, there is still scope for applicants to make an application on the grounds that there are “exceptional reasons” to do so, for example, where a refusal would result in a family unit being separated.

Nationality requirements
The scheme is open to Ukrainian nationals only, except where the applicant’s immediate family member (who is also applying under the scheme) is a Ukrainian national.

Period and conditions of leave
Individuals are given permission to stay in the UK for 36 months (or three years). They are permitted to work, study and access public funds.

Application process – outside the UK
All applicants must apply online. As of 15 March, applicants with a valid Ukrainian international passport are not required to attend an appointment to provide their biometric information at a Visa Application Centre (VAC). Instead, they provide their biometrics upon arrival in the UK (provided their application is successful).

Individuals who do not hold a valid Ukrainian international passport must book and attend an appointment to provide their biometric information at a VAC in any country outside the UK (there are no VACs currently open in Ukraine). You can find your nearest centre here.

Applicants must wait for the outcome of their application before travelling to the UK. The application process is free.

A 24/7 helpline has been set up for applicants:

• +44 808 164 8810 from outside the UK;
• 0808 164 8810 from within the UK;
• +44 (0)175 390 7510 if neither of the above numbers work.

Application process – inside the UK
Applicants must apply online. Once their application is approved, they can travel to the UK. After arriving, they must book and attend an appointment to provide their biometric information at a VAC inside the UK.

Homes for Ukraine – Ukrainians outside the UK
The Home Office has also announced a route for individuals who do not meet the requirements of the Ukrainian Family Scheme. The “Homes for Ukraine” scheme opens on Friday 18 March and allows individuals to sponsor people fleeing Ukraine to come to the UK. The first phase of the scheme is only open to individual sponsors, however, it will be expanded to allow organisations to sponsor Ukrainians too.

Sponsors
Individuals must match with a named individual or family. They are expected to offer accommodation for at least six months, rent free. They are not required to provide food or other services, but may choose to do so. The accommodation can be a spare room in the sponsor’s property or separate self-contained accommodation that is unoccupied.

All potential sponsors are vetted, which may include a visit to their property to ensure that it is suitable. Hosts receive a monthly “thank you” payment of £350 per moth per residential address up to a maximum of 12 months.

If an individual would like to become a sponsor but does not know anyone in Ukraine, they can register their interest here. Individuals who register their interest will receive updates about the scheme.

Applicants
To be eligible under the scheme, applicants must be a Ukrainian national or their immediate family member (see definition above) and have been resident in Ukraine prior to 1 January 2022.

Individuals who are sponsored on the scheme are eligible to work and apply for benefits. They can also access healthcare, education and English language tuition. Applicants must undergo security checks, and potentially safeguarding checks too.

Individuals are granted three years leave to remain under the scheme. There is no numerical limit on the number of people who can come to the UK via this scheme.

Application process
Once the scheme goes live on 18 March, either the sponsor or the applicant completes the application form (on behalf of both parties). Individuals who have a valid Ukrainian international passport are required to book and attend a biometrics appointment at a visa application centre (VAC) before coming to the UK. Those who have a valid Ukrainian international passport can travel to the UK (once their application is approved) and supply their biometrics after they arrive.

Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.