Ukraine Visa Concessions

 The Home Office has introduced temporary visa concessions in response to the war in Ukraine. The concessions are split into entry clearance and UK in country application types. They relate to Home Office fees, timeframe for a decision, documentary evidence and ability to switch routes where it is not normally possible. A summary of the main concessions are detailed below. The concessions are constantly updated and so this is our understanding of the position as of 3rd March 2022. The link to the latest Home Office position can be found here.

Entry clearance applications

Fee Free 

Applications by Ukrainian nationals who are family members of British nationals who usually live in Ukraine are now free of charge. Further, the Home Office says they will process such applications within 24 hours after biometrics have been enrolled. To qualify for this you must be the immediate family member of a British national who usually lives in Ukraine. This includes:

• a spouse or civil partner

• an unmarried partner (you must have been living together in a relationship for at least 2 years)

• your parent if you are under the age of 18

• your child under the age of 18

• an adult relative you provide care for who lives with you due to a medical condition

To make the application on a fee-free basis, the applicant first requires express confirmation from the relevant Home Office department that their application falls within the family migration visa category. The Home Office has provided a contact telephone number for applicants (see the link above). This will involve sharing particular details about the applicant and family members, including contact details. Information on how to make the free application will then be provided. 

Document concession

There is a general document concession for various application types if the specified document under the rules cannot be reasonably obtained from Ukraine. 

TB Concession

The requirements for a tuberculosis test pass certificate have been temporarily waived. 

Leave outside the rules

If eligibility criteria for the particular family visa route cannot be met (for example, an applicant cannot meet the minimum income requirement) the Home Office will consider whether an alternative grant of leave should be made in the particular circumstances. Leave to enter would be granted for 12 months only. 

The Ukrainian Family Scheme

The route known as the “Ukrainian family scheme” applies to extended family members and applications will be accepted from 4th March 2022. We are waiting for further details on this. 

Local Sponsorship Scheme

There are also plans for a Local Sponsorship Scheme for Ukrainian nationals without family ties to the UK but who are able to secure sponsors such as charities, businesses and community groups. The guidance suggests that  a successful application under this route would result in an initial visa valid for 12 months. Such individuals would have a right to work and access to public funds.

Visit Visa

It is still possible to apply for a visit visa if you can get to a Visa application centre and any applicant should set out their compelling and compassionate reasons for coming to the UK. The Visa Application Centre in Kyiv Ukraine is currently closed. A temporary centre has opened in Lviv for applications by family members of British citizens only. Alternatively, for other application types, biometrics can only be enrolled from other nearby countries outside of Ukraine e.g. Poland. 

In-Country Applications

The aim of the in-country concessions is to allow Ukrainian nationals, their dependent partners and children already lawfully present in the UK (prior to 24 February 2022) to switch onto another visa route or extend their leave without requiring them to return to Ukraine to do so, even if the visa route does not usually permit this in-country switch/extension. 

The concession may also apply to individuals present in the UK where their entry clearance application was made before 24 February 2022 but granted subsequently.

Seasonal workers, HGV drivers and Pork Butchers may be permitted a temporary extension of their current leave until 31 December 2022 on the condition they continue to work in the seasonal route/current occupation with the same sponsor.

There is also a concession to waive documentary evidence requirements if the specified document under the rules cannot be reasonably obtained from Ukraine. 

In a recent speech, the Secretary of State indicated all such switching applications will be free of charge in terms of Home Office fees. This is not reflected in the Home Office guidance at this stage.

Overseas British passport applications

Her Majesty’s Passport Office is prioritising outstanding overseas British passport applications for British nationals in Ukraine.

From 24 February 2022, new British overseas passport applications are suspended from Ukraine. 

Conclusion 

It is important to note that the concessions are complex and likely to be reviewed frequently as the circumstances in Ukraine are developing daily. 

If you believe you or a family member may fall within the concessions and wish our advice or assistance please contact a member of our experienced Immigration Team to set up an initial consultation.