UK

Information provided by Gillian McKearney (Senior Associate) at Fieldfisher.

Ukraine Sponsorship Scheme (Homes for Ukraine) (“HFU”)

Who is eligible for this route?

​Ukrainian nationals or their non-Ukrainian immediate family members, who have been living in the Ukraine on or immediately before 1 January 2022; are currently outside the UK; and are matched with a UK-based sponsor.

The UK sponsor does not need to have any previous ties with the applicants they are sponsoring. The UK sponsor must have at least six months’ leave to remain in the UK and be able to provide at least six months’ suitable accommodation, although we understand it is also acceptable for the sponsored person to find alternative accommodation, e.g. to rent privately elsewhere. Background checks will be carried out on the UK sponsor.

Children under 18 years old must either:

  • Apply with their parent or legal guardian. They must travel together.
  • Apply to join their parent or legal guardian in the UK. They must either travel together or the parent should collect the child from the point of entry into the UK.
  • Apply with the consent of their parent or legal guardian which must:
    • Be notarised or certified by the Guardianship Service of the city or regional council in Ukraine; or, where the child is in another country, notary authorities in that country or by the Ukrainian Embassy or Consulate.
    • Provide consent to the sponsorship arrangement.
    • There must be a commitment to sponsorship for 3 years or until the child turns 18 (so long as the sponsorship lasts at least 18 months).
    • Include approval of the sponsorship arrangement by the local council where the child will live.

    What is the process for applying?

    Applicants will need to carry out the following steps:

    1. Must apply from outside the UK.

    2. Apply online here.

    3. If the person has a valid Ukrainian international passport use the ‘UK Immigration: ID check’ app to prove their identity.  They do not need to attend a visa application centre to give their biometric information, or apply to extend their stay once they arrive in the UK.

    4. If the person is unable to use the app and has a valid Ukrainian international passport they don’t need to attend a visa application centre. Instead they need to give their biometric information within 6 months of arriving in the UK.  They must upload a copy of the photo page of their passport during their application using the TLS or VFS upload app depending on which country they are applying in.

    5. If they have an expired Ukrainian international passport with a formal extension stamp they can’t use the UK Immigration: ID check app but they don’t need to attend a visa application centre. Instead they need to give their biometric information within 6 months of arriving in the UK. They must upload the photo page of their expired passport and the page of their expired passport with the formal extension stamp using the VFS or TLS upload app depending on the country they are applying in.

    6. If the person does not hold a valid Ukrainian international passport or an expired Ukrainian international passport, they will need to book and attend an appointment at a visa application centre (VAC) to have their photograph and fingerprints taken. This includes child applicants. They will need to upload copies of any identity documents such as a Ukrainian national identity card; a combination of official documents e.g. photo driving licence and birth certificate; an emergency certificate used by a Ukrainian authority since March 2022 using the VFS or TLS app depending on which country they are applying in.

    ​VACs in Ukraine are currently closed. They can apply at a VAC in any other country if they are able to travel safely. Centres are operating in Budapest, Chisinau, Warsaw, Bucharest and Paris.

    7. Upload supporting documents (copy Ukrainian passport; identity of UK sponsor; documents showing residence in Ukraine before 1 January 2022; translations of relevant documents).

    8. A decision letter will tell the person if they need to collect a biometric residence permit when they arrive in the UK, or if they need to give their biometric information in the UK. If they used the UK Immigration: ID check app they will need to submit their biometrics within 6 months of arriving in the UK.

What benefits will be granted?

Successful applicants will be granted the following benefits:

  • Duration of status granted: A permit for three years.
  • Access to employment: Yes, the relevant permit is a work permit as well as residence permit.
  • Access to accommodation or housing: Yes, the person can access state benefits.
  • Access to medical treatment: Yes, to public healthcare.
  • Opportunities for families to reunite in certain circumstances: Immediate family members can join. Extended family members could also be sponsored in their own right.
  • Access to education for minors: Yes.

Ukraine Family Scheme (UFS)

​If a person is eligible both for this scheme and for the Homes for Ukraine scheme it would seem appropriate to apply for this scheme as this would fit more closely with the person’s circumstances. The process and visa granted are similar.

Who will be eligible?

1. Ukrainian nationals or their non-Ukrainian family members, who have been living in the Ukraine on or immediately before 1 January 2022; can apply from either inside or outside the UK.

2. They can also apply if either (1) they 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 (2) they previously held permission to be in the UK and that permission expired on or after 1 January 2022.

3. Must be the family member of a UK based sponsor who has permanent residence in the UK; status under the EU Settlement Scheme; or refugee status or humanitarian protection in the UK. The following family members are permitted:

  • spouse or civil partner, unmarried partner (where the couple have cohabited for at least two years), fiancé(e) or proposed civil partner of the UK-based sponsor; (in all of these cases the relationship must have begun before 1 January 2022)
  • child aged under 18 of the UK-based sponsor or their partner;
  • parent of a child aged under 18 who is the child of the UK-based sponsor;
  • 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 aged 18 or over 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;
  • mother-in-law or father-in-law
  • grandparent-in-law
  • brother-in-law or sister-in-law
  • immediate family member of an extended family member, i.e.:
    • spouse or civil partner, unmarried partner (where the couple have cohabited for at least two years), fiancé(e) or proposed civil partner of an extended family member (in all these cases the relationship must have started before 1 January 2022);
    • child aged under 18 of an extended family member; and
    • parent of a child aged under 18 who is an extended family member.

What is the process for applying?

Applicants will need to carry out the following steps:

  1. Can apply from outside or within UK.
  2. Must apply online here from outside the UK.
  3. Must apply online here from within the UK (for an extension only for those who need to extend their stay).
  4. If the person has a valid Ukrainian international passport

They can use the ‘UK Immigration: ID check’ app to prove their identity if they have a valid Ukrainian international passport. They do not need to attend a visa application centre to give their biometric information.

Using the ‘UK Immigration: ID check’ app
The ‘UK Immigration: ID check’ app checks their identity and verifies that the passport they’re using belongs to them. They’ll be told when to download the app once they begin their application online at GOV.UK – they can download the app at any time, but it will not work before this point.

They’ll use the app to scan their passport or take a photo if they can’t use the scanner.

If they can’t use the app
If they can’t use the app, they don’t need to attend a visa application centre to give their biometric information. Instead, they must give their biometric information within 6 months of arriving in the UK.

If they have an expired Ukrainian international passport with a formal extension stamp.
They can’t use the ‘UK Immigration: ID check’ app if their passport has expired even if it has a formal extension stamp issued by the Ukrainian government. They don’t need to attend a visa application centre to give their biometric information. Instead, they must give their biometric information within 6 months of arriving in the UK.

During the application they must upload copies of both:

  • the photograph page of their expired passport.
  • the page of their expired passport with the formal extension stamp.

They can upload these documents using our commercial partner document upload app. This will be either TLS or VFS depending on which country they are applying in. They can download the app from the TLS or VFS website when they make their application.

If they need support to upload copies of their documents, they can still book an appointment at a visa application centre.

If they don’t have a valid Ukrainian international passport, or an expired Ukrainian international passport with a formal extension stamp.

If they do not hold a valid Ukrainian international passport, or an expired Ukrainian international passport with a formal extension stamp issued by the Ukrainian government, they will need to book and attend an appointment at a visa application centre (VAC). This also applies to child applicants.

During the online application process, they’ll be asked to upload copies of any identity documents they may have such as:

  • a Ukrainian national identity card
  • a combination of official documents – for example, a photo driving licence and birth certificate
  • an emergency certificate issued by a Ukrainian authority since March 2022

It is not mandatory to provide these documents, but it may help support their application if they are able to.

They can upload their documents using our commercial partner document upload app. This will be either TLS or VFS depending on which country they are applying in. They can download the app from the TLS or VFS website when they make their application.

Visa application centres
They will need to have their photograph and fingerprints taken at a visa application centre (VAC) as part of their application. Children under the age of 5 who do not hold a valid Ukrainian international passport will not have their fingerprints taken but will still need to book and attend a VAC appointment and have a digital photograph taken.

VACs in Ukraine are currently closed. They can apply at a VAC in any other country if they are able to travel safely.

VACs are currently operating throughout Europe including:

5. Upload evidence that they’re eligible for the scheme
If they have them, they should also upload any documents that show​

  • their relationship to their UK-based family member, such as a marriage or birth certificate and the identity of the UK sponsor.
  • they were residing in Ukraine on or immediately before 1 January 2022.
  • any other evidence requested as part of the application.
  • translations of relevant documents.

​They can upload their documents using our commercial partner document upload app. This will be either TLS or VFS depending on which country they are applying in. They can download the app from the TLS or VFS website when they make their application.

If they need support to upload images of their documents, they can book an appointment at a visa application centre.

They can still apply if they are unable to provide these documents. They should explain why they are unable to provide them when they apply – for example, if they had to leave all their documents behind when they left.

After applying
They will need to await a decision from UK Visas and Immigration on their application before travelling to the UK.

If they attended a visa application centre, they will need to return to collect their visa before they travel to the UK.

The Home Office is prioritising Ukraine Family Scheme applications and aims to make a decision as quickly as possible.

They will be contacted when a decision has been made with more guidance on the travel process.

Their decision letter will tell them if they need to collect a biometric residence permit when they arrive in the UK, or if they need to give their biometric information first.

If they attended a visa application centre as part of their application
Once their application has been processed, they’ll be given a visa.

This visa will allow them to board a plane or other form of transport to the UK.

They should not go to the visa application centre to collect their visa until they have been contacted.

They’ll be able to pick up their biometric residence permit once in the UK. The biometric residence permit can be used to confirm their status and rights in the UK.

If they did not attend a visa application centre as part of their application.
Once their application has been processed they will receive an official permission letter from UK Visas & Immigration confirming that they can travel to the UK.

The permission letter will allow them to board a plane or other form of transport to the UK.

They should not travel to the UK until they have received an official permission letter.

If they applied using the ‘UK Immigration: ID check’ app, they’ll be able to pick up their biometric residence permit once in the UK.

If they didn’t use the ‘UK Immigration: ID check’ app they’ll need to submit their biometrics within 6 months of arriving in the UK to extend their stay for up to 3 years and be given a biometric residence permit. They will be told how to do this in their decision letter.

Extending their stay in the UK
They do not need to apply to extend their visa if they were able to use the ‘UK immigration: ID check’ app or if they attended a visa application centre as part of their application to come to the UK.

They need to apply to give their biometrics within 6 months of arriving in the UK if they received a stamp in their passport when they entered the UK.

They will then be able to stay in the UK for up to 3 years.

They do not need to do this as soon as they reach the UK, but they do need to make sure that they have applied to give their biometrics before the 6 months ends. They will be told how to do this in their decision letter.

Apply to extend their stay in the UK
They can start the application to give their biometrics by completing the online form here.

What benefits will be granted?

Successful applicants will be granted the following benefits:

  • Duration of status granted: A permit for three years.
  • Access to employment: Yes, the relevant permit is a work permit as well as residence permit.
  • Access to accommodation or housing: Yes, the person can access state benefits.
  • Access to medical treatment: Yes, to public healthcare.
  • Opportunities for families to reunite in certain circumstances: Immediate family members can join. Extended family members could also be sponsored in their own right.
  • Access to education for minors: Yes.

Ukraine Extension Scheme (“UES”)

Who is eligible?

​Those eligible must be:

  1. Ukrainian or the close family member of a Ukrainian (i.e. spouse or civil partner; unmarried partner (if have been living together in a relationship for at least 2 years); child aged under 18 or parent of a child aged under 18; and
  2. They 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
  3. The previously held permission to be in the UK and that permission expired on or after 1 January 2022.

They should consider whether to keep their current visa or switch to the UES. The UES route does not lead to settlement – this means that they may not be able to count any time they spend in the UK with this visa as part of an application for indefinite leave to remain (ILR) in the UK in future. If the person is on a visa which does lead to settlement e.g. a Skilled Worker visa, they may wish to keep extending in that route until they can apply for ILR (after 5 years in the Skilled Worker route).

What is the process for applying?

Applicants will need to carry out the following steps:

  1. Must apply online here from within the UK.
  2. Must then book and attend a biometrics appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point. Some services at UKVCAS points have a fee.  They do not need to use these services, such as document scanning and should not pay for them in advance.
  3. Must upload the following documents as proof of their eligibility:
      • Valid passport or travel document as proof of identity.
      • Proof of permission that they have (or had) permission to be in the UK. E.g. biometric residence permit; visa or vignette in passport; Home Office document showing permission to enter or remain in the UK.
      • If they are the non-Ukrainian family member of a Ukrainian national, proof of their relationship to them e.g. marriage certificate; evidence of living together for 2 years as unmarried partner or birth certificate if the family member is their child or parent. They can show their biometric residence permit or visa if they are in the UK as their dependant.

What benefits will be granted?

Successful applicants will be granted the following benefits:

  • Duration of status granted: A permit for three years.
  • Access to employment: Yes, the relevant permit is a work permit as well as residence permit.
  • Access to accommodation or housing: Yes, the person can access state benefits.
  • Access to medical treatment: Yes, to public healthcare.
  • Opportunities for families to reunite in certain circumstances: Immediate family members can join. Extended family members could also be sponsored in their own right.
  • Access to education for minors: Yes.

Additional questions

Can forced conscripts be granted status under HFU/UFS/UES?

There is no distinction in this regard as long as the person meets the eligibility requirements.

​Can those with status under the HFU/UFS/UES travel to or work in other countries?

The work and residence status will only be for the UK. The permit will not allow them to travel, work or reside in other countries.

Will returns to Ukraine be permitted by the HFU/UFS/UES?

This status is not a refugee or protection status and the people with this status can travel between the UK and Ukraine.

Will time spent in the UK under the HFU/UFS/UES count towards obtaining Indefinite Leave to Remain (ILR)?

At present status does NOT count towards ILR. However it seems that it is normally permitted for a person with this status to apply from within the UK in another UK visa category which does lead to ILR. This should be double checked depending on which category the person wishes to switch into.

​Anyone currently on a visa which DOES lead to ILR should consider carefully before switching onto one of the Ukraine schemes as they will no longer be on a route which leads to ILR.

Can those with status under the HFU/UFS/UES apply for normal refugee status?

  • Our understanding is that those who have arrived in the UK can claim asylum but that the authorities are advising that they apply under the HFU/UFS schemes and to only formally claim asylum as a last resort.
  • Claiming asylum in the UK is likely to take up six months to two years for the claim to be registered and processed during which time normally the person is not permitted to work in the UK.
  • Please note that it is a criminal offence by s25A Immigration Act 1971 to knowingly and for gain facilitate the arrival or attempted arrival of an asylum seeker.
  • It seems that the best option is to try to apply under the HFU/UFS/UES schemes or one of the other normal UK immigration routes. If these do not apply and the person is in the UK and has a fear of persecution if they are returned to Ukraine, they can claim asylum but should take detailed advice on their claim.

Normal Refugee Status

Can those granted normal refugee status return to Ukraine?

They can voluntarily return to Ukraine. However, if a person returns to Ukraine as a refugee, their refugee status may be revoked. They can appeal a decision to revoke their refugee status, but if their status is revoked while they are outside the UK, they may have to appeal from outside the UK. An appeal may not succeed.

What is the timeframe for obtaining normal refugee status?

The authorities take around six months to two years to resolve asylum claims, although it can sometimes be longer. They will not normally be able to work during that period, although there are exceptions in certain circumstances. The law does provide some rights (such as access to limited support and accommodation if destitute).

Can forced conscripts be granted normal refugee status?

We understand that this is complex under UK law and would need to obtain advice on a case by case basis.