As we approach the two year anniversary of the Russian invasion of Ukraine, we want to take a moment to reflect on the support Here for Good has provided to those fleeing Ukraine to seek safety, the issues that our clients are facing in the UK and abroad, and look to the future.

We set up our advice service with lawyers based at Wilson Solicitors within two weeks of the war starting. Since March 2022, we have been providing specialist legal advice to people fleeing the war in Ukraine, including one-off advice and the provision of legal representation in more complex cases.

Recently, we have seen an increase in refusals issued to third-country nationals, even where they qualify for leave to remain under the scheme as the family member of a Ukrainian citizen. In many cases, this has left families in an untenable position – forced to choose between staying in Ukraine or leaving loved ones behind. These applications are often particularly complex, requiring a significant level of evidence which is not always easily ascertainable.

We are also continuing to see a large number of refusals for individuals already in the UK. The Home Office refuses to grant leave to remain to individuals in the UK with visitor’s visas, or to grant any form of leave to remain to those who came to the UK without leave prior to the invasion of Ukraine in 2022. This has left a large number of people in limbo – unable to obtain any form of leave in the UK and unable to return to Ukraine. Many want to contribute to the UK but are prevented from doing so. They are reluctant to claim asylum as they want to return to Ukraine as soon as it is safe to do so. Indeed, the Home Office has actively encouraged many individuals in the UK to withdraw asylum claims and make an application under the Ukraine Scheme – only for their application to be refused.

On 18th February 2024, the UK government announced that individuals in the UK under the Ukraine Schemes will be able to apply for an 18-month extension once their leave expires. It means that individuals will be able to extend their leave until at least September 2026. Whilst this will provide individuals in the UK with some temporary relief, the government still fails to provide further information on how the scheme will operate and does not allay the concerns of many that the conflict will continue to last well-beyond 2026. Further details have yet to be announced.

Furthermore, as of 19th February 2024 the government has made significant changes to the Ukraine Scheme which will have a far-reaching, detrimental impact on individuals looking to come to the UK under the Ukraine Schemes.

In particular, the government has closed the Ukraine Family Scheme, meaning that individuals will be forced to apply for leave to remain in the UK under the Homes for Ukraine Sponsorship Scheme. This places unnecessary additional sponsorship requirements on family members sponsoring the applications and prevents individuals already in the UK from making an application. Furthermore, many third-country nationals who would previously have qualified for leave to remain under the Ukraine Family Scheme will not qualify for leave to remain under the more stringent Homes for Ukraine Scheme, this includes women whose Ukrainian husbands are unable to join them in the UK as they are fighting in the war.

Individuals applying under the Homes for Ukraine Scheme must now be sponsored by a British or Irish citizen or a person with settled status in the UK. Individuals with other forms of long-term leave to remain in the UK, such as those with leave to remain as a refugee or pre-settled status under the EU Settlement Scheme, will be prevented from sponsoring friends or family under the scheme. It will also preclude individuals already granted leave to remain under the scheme from sponsoring friends and family under the scheme. This will leave many applicants without a sponsor.

Finally, we note that the government has limited the length of leave granted to new applicants from 36 months to 18 months.

We call on the UK government to amend the relevant guidance and Immigration Rules to ensure:

  • All third-country nationals who would previously have qualified for entry clearance and leave to remain under the Ukraine Family Scheme will be eligible under the Homes for Ukraine Sponsorship Scheme;
  • Greater scrutiny of refusals issued to third-country nationals and their Ukrainian family members, bearing in mind the difficulties that applicants are likely to face in accessing documentary evidence (such as birth certificates and tenancy agreements) and the likely breach of Article 8 ECHR should third-country nationals not be granted leave to remain in line with their Ukrainian family members;
  • Anyone with a form of leave to remain in the UK, including those issued leave to remain under the Ukraine Schemes, is able to act as a sponsor;
  • Further consideration of the need to provide stability and certainty to individuals in the UK under the Ukraine Schemes, with a view to providing an additional extension of Ukraine Scheme visas beyond 2026 given the current country situation;
  • Ensure that Ukrainian individuals in the UK, and any third-country family members, are able to apply for some form of leave to remain in the UK under the Ukraine Schemes, irrespective of their current immigration status.