Ukraine Family Scheme

Following our blog of 3 March 2022, the Home Office has provided further information on a new visa scheme in response to the War in Ukraine – the ‘Ukraine Family Scheme’. A summary of this scheme is detailed below. As of 21 March 2022, the link to the latest position can be found here.

Ukraine Family Scheme

The Ukraine Family Scheme allows applicants to apply to join their family members in the UK or extend their stay in the UK. British citizens and some immigrants living in the UK can sponsor their Ukrainian relatives to join or accompany them.

The most recent guidance published by the Home Office covering the scheme can be found here.

Eligibility to apply

There are eligibility requirements which must be met in order to be granted a visa under the Ukraine Family Scheme.

Family member based in the UK 

Applicants must have a family member who is based in the UK. This family member will be the sponsor. The family member must fall into one of the following categories:

• a British citizen;

• a person settled in the UK - for example, with indefinite leave to remain, settled status or proof of permanent residence;

• a person from the EU, Iceland, Liechtenstein, Norway or Switzerland who has pre-settled status and who began living in the UK before 1 January 2021; or

• a person with refugee status or humanitarian protection in the UK. 

Currently, a person with temporary permission to be in the UK – for example, limited leave to remain – cannot sponsor their relatives. 

Applicants and sponsors must provide evidence of the sponsor’s identity, for example, a valid passport or a Biometric Residence Card. Details of acceptable ID documents can be found in the guidance.

Relationship to family member based in the UK

Applicants must prove that their relationship to the family member based in the UK falls into one of the following categories:

• an immediate family member;

• an extended family member; or

• an immediate family member of an extended family member. 

If possible, applicants should provide evidence of the relationship. The Home Office recognises that applicants may be unable to provide such evidence. It has stated that the starting point is to accept the relationships claimed by the applicant unless there is good reason not to. 

An ‘immediate family member’ includes:

• a partner of the UK-based sponsor (spouse, civil partner or unmarried partners who have been living together for at least two years prior to applying);

• a child aged under 18 on the date of application of the UK based sponsor or their partner; 

• a parent of a child aged under 18 on the date of application who is the child of the UK based sponsor; and 

• a fiancé(e) or proposed civil partner of the UK based sponsor. 

An ‘extended family member’ includes:

• a parent of a person aged 18 or over on the date of application who is the UK-based sponsor; 

• a grandparent of the UK-based sponsor;

• a grandchild of the UK-based sponsor or their partner;

• a sibling of the UK based sponsor;

• an adult child aged 18 or over on the date of application of the UK based sponsor;

• an aunt or uncle of the UK based sponsor;

• a cousin of the UK based sponsor;

• a niece or nephew of the UK based sponsor; and 

• a grandparent, parent or sibling of the UK based sponsor’s partner. 

An ‘immediate family member of an extended family member’ includes:

• a partner of an extended family member;

• a child aged under 18 on the date of application of an extended family member;

• a parent of a child aged under 18 on the date of application who is an extended family member; and 

• a fiancé(e) or proposed civil partner of an extended family member. 

In relation to spouses, civil partners, fiancé(e)s or proposed civil partners, the relationship must have started before 1 January 2022.

Those applying to the scheme must be Ukrainian. An exception is where the application is being made as part of a family group, and the immediate family member is a Ukrainian national who qualifies for a grant of leave under the scheme.

Where an applicant is applying as an immediate family member of an extended family member, the extended family member must apply at the same time or have already been granted leave under the scheme.

Applicants whose relationships to the UK based sponsor do not meet the above definitions can apply to the scheme; however, their application may be refused. The Home Office has stated it will consider whether there are exceptional circumstances to grant these applications.

Ordinarily resident in Ukraine

Applicants to the scheme must have been ordinarily resident in Ukraine on or immediately before 1 January 2022. One exception is where the applicant is already in the UK. Another is where the applicant is a child born or adopted on or after that date.

The current guidance details the evidence applicants can submit to prove their residence in Ukraine. Again, the Home Office has recognised that applicants may be unable to provide any evidence and has stated the starting point is to believe applicants who say they were resident in Ukraine before this date.

Suitability to apply

There are also suitability requirements which must be met in order to be granted a visa under the Ukraine Family Scheme.

Part 9 of the Immigration Rules contains general grounds for refusal of an application. Many of these grounds apply to applications to this scheme. Generally, the grounds for refusal relate to previous exclusion or deportation from a country, criminality and making false representations to the Home Office. Details of the grounds of refusal applicable to the scheme can be found in the current guidance.

If a ground of refusal applies to an applicant, their application may be refused.

Application process

The application process depends on whether the application is made from within the UK or outside the UK.

There is no fee for applications to the scheme. Applicants are not required to pay the Immigration Health Surcharge, nor are they required to pay a biometric enrolment fee.

Applying from outside the UK

Applicants must apply using an online application form.

As of 15 March 2022, applicants with a valid Ukrainian international passport do not need to attend an appointment at a Visa Application Centre to provide biometric information. Once the application has been processed, applicants will receive an official letter of permission confirming they are able to travel to the UK. Their passports will be endorsed with a six-month entry stamp by the UK Border Force on arrival to the UK. Applicants must then provide biometric information within six months of arriving in the UK in order to extend their stay.

Applicants without a valid Ukrainian international or domestic passport will be required to attend an appointment at a Visa Application Centre. The guidance details documents which may be relied upon to prove an applicant’s ID in the absence of a valid passport. As Visa Application Centres are currently closed in Ukraine, applicants can apply at a Visa Application Centre in any country they can travel to. Once the application has been processed, applicants will receive a visa as evidence of their permission to travel to the UK.

Applying from inside the UK

Applicants must apply using an online application form.

They must then attend an appointment to provide biometric information at a service point run by the Home Office’s commercial partner, UKVCAS. While some UKVCAS service points charge a fee for certain services, the Home Office has confirmed that applicants to the scheme will not need to pay this fee.

Processing times

There is no timescale for the processing of applications. However, the Home Office has stated it will prioritise applications as quickly as possible.

Grant of leave under the scheme

Applicants who are granted leave under the Ukraine Family Scheme can stay in the UK for up to three years. During their stay, they will have the right to live, work and study in the UK and access public funds.

There is no right of appeal or an administrative review of a decision to refuse an application. The Home Office has stated those who are refused should apply again. There is no restriction on the number of times an applicant can apply to the Ukraine Family Scheme.

If you would like any advice or assistance regarding applying to the Ukraine Family Scheme, then please contact one of the experienced solicitors in our Immigration team.