Ukrainian concession from UKVI: Ukrainian UK visas
In response to the war raged on Ukraine by Putin, the UK government has allowed concessions to the Immigration Rules for Ukrainian nationals applying as a family member under Appendix FM; these concessions also apply to the dependants of Ukrainian nationals.
The scheme allows close relatives of Ukrainian people settled in the UK to apply without meeting all of the Immigration Rules. The main areas in which it provides flexibility on, is the switch rules and the documentary evidence requirements.
As a result of public backlash against the scope of the scheme, as of 1st March 2022 it has been widened to include adult parents, grandparents, children over 18 and siblings. In addition, UK business and companies will also be able to sponsor Ukrainians entering the country.
Main Ukrainian concessions
Ukrainian nationals already in the UK will have the option to switch visa categories to a points-based immigration route or a family visa route. In addition, the requirement to make this application outside of the UK has been removed where UKVI are satisfied that it would not be appropriate to require them to return to Ukraine. These applications can now be made within the UK for Ukrainian nationals
The requirement to provide specified documents under Appendix FM and Appendix FM-SE has also been relaxed. It has been waived in favour of an explanation from the applicant simply stating that it is not possible to obtain a document from an institution as it is not functioning or is not offering its full range of services due to military conflict, or, it is not reasonable to expect the applicant to travel to the location in Ukraine to retrieve these documents as it may be unsafe.
Further immigration rules which have been relaxed
The Home Secretary in a recent statement to parliament stated she has “removed the usual language requirements and salary thresholds to come to the UK.” She went on to say, “where family members of British nationals do not meet the usual eligibility criteria – but do pass all security checks – we will give them permission to enter the UK outside the usual rules for 12 months.”
The changes to the Rules are subject to change daily and the Home Secretary has announced that the Government is establishing a ‘phase two’ support package for the people of Ukraine. This includes establishing a no cost Ukrainian Family Scheme so that British nationals and people settled in the UK can bring a wider group of family members to the UK, extending eligibility to parents, grandparents, adult offspring, siblings, and their immediate family members. The key change here to earlier announcements is that the scope of people eligible is even wider; these family members will be allowed to come to the UK for an initial 12 months and will be able to work and access public funds.
Lastly, Ukrainian temporary workers in some sectors are being extended, so they can stay until at least the 31st of December this year.
Ukrainians in the UK can contact us for an assessment of their circumstances. British nationals or those with settled status with Ukrainian family members overseas, don’t hesitate to contact us. Ukrainians in Nottingham may wish to contact us for further information as to the Ukrainian UK visa options available.
Ukrainian nationals and their depedants with outstanding appeals in the Immigration and Asylum Tribunal may wish to consider obtaining directions from the Tribunal directing that the Home Office review their case following the significant change with regard to the reasonableness of return to Ukraine from the UK following the outbreak of war. It is likely that the Home Office will wish to withdraw decisions relating to Ukrainian nationals in light of the concessions.