Statement of Changes - Important changes in the Rules for Ukrainian nationals
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>>> Statement of Changes to the Immigration Rules: HC 1220
Ukraine Family Scheme
An applicant for entry clearance must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date. An applicant for permission to stay must be in the UK and either have permission; or have had permission immediately before 1 January 2022 which has since expired, but permission as a visitor granted after 18 March 2022 DOES NOT COUNT as permission for the purpose of this requirement.
The applicant must be the family member (as defined) of a UK-based sponsor who is a British citizen; a person who is settled in the UK; a person in the UK with limited permission as a refugee or person granted humanitarian protection; or “an EEA national in the UK with limited permission granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of that Appendix (that is with pre-settled status granted under the EU Settlement Scheme on the basis they were living in the UK before 2300 GMT on 31 December 2020)”.
An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the UK-based sponsor or extended family member which commenced before 1 January 2022. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner.
The applicant must be either: a Ukrainian national; or part of a family group (as defined) which includes an immediate family member, who is a Ukrainian national, of the UK-based sponsor who would qualify under the scheme (whether or not applying at the same time as the applicant).
Grants of permission under the Ukraine Family Scheme will be for whatever is the shorter of either 36 months or a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme. They will permit access to public funds, work, and study, subject to the ATAS condition in Appendix ATAS.
The Explanatory Memorandum states: "People applying for entry clearance who have a valid Ukrainian passport will be able to start their application overseas, be permitted to travel to the UK and granted 6 months’ leave to enter at the UK border, and then complete their application in the UK by providing biometrics in the UK so they can be granted up to the full 36 months."
Although it opened on 4 March 2022, outside of the Rules, the scheme in the Rules will come into effect on 30 March 2022.
Homes for Ukraine Sponsorship Scheme
An applicant must have an Approved sponsor under the Homes for Ukraine Sponsorship Scheme.
An applicant for entry clearance must be outside the UK on the date of application.
Unless the applicant is applying with, or to join in the UK, a parent or legal guardian, the applicant must be aged 18 or over on the date of application
Where a family group is applying under the Homes for Ukraine Sponsorship Scheme, the Ukrainian national and their immediate family members (as described in UKR 18.1.) must have the same Approved sponsor under the Homes for Ukraine Sponsorship Scheme.
An applicant for entry clearance must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date.
The applicant must be either: a Ukrainian national; or part of an immediate family group (meaning the group set out in UKR 18.1.) which includes an immediate family member who is a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme.
If the applicant is not a Ukrainian national, they must be the immediate family member of a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme, meaning a: (a) partner of the Ukrainian national; or (b) child aged under 18 on the date of application of the Ukrainian national or of their partner; or (c) parent of a Ukrainian national child aged under 18 (where the child is applying under the Homes for Ukraine Sponsorship Scheme); or (d) fiancé(e) or proposed civil partner of the Ukrainian national. An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the Ukrainian national which commenced before 1 January 2022. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner.
Grants of permission under the Homes for Ukraine Sponsorship Scheme will be for a period of up to 36 months. They will permit access to public funds, work, and study subject to the ATAS condition in Appendix ATAS.
Although it opened on 18 March 2022, outside of the Rules, the scheme in the Rules will come into effect on 30 March 2022.
Ukraine Extension Scheme
The requirements for permission to stay include that the applicant must be in the UK. The applicant must have had permission to enter or stay in the UK on 18 March 2022, unless they were in the UK with permission to enter or stay immediately before 1 January but that permission has since expired; or they are a child born in the UK after 18 March 2022. The Rules DO NOT state permission as a visitor does not count as permission for the purpose of this requirement.
Applicants must be either a Ukrainian national, a person who has or last had permission as a partner or child of a Ukrainian national, or a child of a Ukrainian national born in the UK after 18 March 2022. An applicant who is a partner must meet the requirements in Appendix Relationship with Partner. A child born in the UK must provide a full UK birth certificate.
Grants of permission to stay under the Ukraine Extension Scheme will be for whatever is the shorter of either 36 months or a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme. They will permit access to public funds, work, and study subject to the ATAS condition in Appendix ATAS.
The Statement provides that "The changes in relation to the Ukraine Extension Scheme will come into effect on 3 May 2022".
Appendix Relationship with Partner
The Explanatory Memorandum provides: "We are bringing forward the introduction of a new cross-cutting Appendix that will include the requirements on how to show a relationship with a partner. Initially, this Appendix will apply only to proof of relationship with a partner under the Ukraine Schemes, but on 20 June 2022 it will apply to Appendix Settlement Family Life, which commences on that date. In future it will be extended to other routes to apply consistent requirements."
"Minor policy or technical changes to the Rules"
In addition to changes to the Introduction (including definitions for the Ukraine Schemes), Part 1, Part 9, and Appendix AR “to clarify that applicants under the Ukraine Schemes will not have a right of administrative review”, paragraph 6.2 of the Introduction is being amended to exempt payments under the Energy Rebate Scheme 2022 from being classed as a public fund if distributed by Local Authorities under Section 1 of the Localism Act 2011.
Please see pages 14 to 18 of this Statement of Changes for the changes to the previous Statement of Changes in Immigration Rules (HC 1118).
>>> Statement of Changes to the Immigration Rules: HC 1220
Ukraine Family Scheme
An applicant for entry clearance must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date. An applicant for permission to stay must be in the UK and either have permission; or have had permission immediately before 1 January 2022 which has since expired, but permission as a visitor granted after 18 March 2022 DOES NOT COUNT as permission for the purpose of this requirement.
The applicant must be the family member (as defined) of a UK-based sponsor who is a British citizen; a person who is settled in the UK; a person in the UK with limited permission as a refugee or person granted humanitarian protection; or “an EEA national in the UK with limited permission granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of that Appendix (that is with pre-settled status granted under the EU Settlement Scheme on the basis they were living in the UK before 2300 GMT on 31 December 2020)”.
An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the UK-based sponsor or extended family member which commenced before 1 January 2022. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner.
The applicant must be either: a Ukrainian national; or part of a family group (as defined) which includes an immediate family member, who is a Ukrainian national, of the UK-based sponsor who would qualify under the scheme (whether or not applying at the same time as the applicant).
Grants of permission under the Ukraine Family Scheme will be for whatever is the shorter of either 36 months or a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme. They will permit access to public funds, work, and study, subject to the ATAS condition in Appendix ATAS.
The Explanatory Memorandum states: "People applying for entry clearance who have a valid Ukrainian passport will be able to start their application overseas, be permitted to travel to the UK and granted 6 months’ leave to enter at the UK border, and then complete their application in the UK by providing biometrics in the UK so they can be granted up to the full 36 months."
Although it opened on 4 March 2022, outside of the Rules, the scheme in the Rules will come into effect on 30 March 2022.
Homes for Ukraine Sponsorship Scheme
An applicant must have an Approved sponsor under the Homes for Ukraine Sponsorship Scheme.
An applicant for entry clearance must be outside the UK on the date of application.
Unless the applicant is applying with, or to join in the UK, a parent or legal guardian, the applicant must be aged 18 or over on the date of application
Where a family group is applying under the Homes for Ukraine Sponsorship Scheme, the Ukrainian national and their immediate family members (as described in UKR 18.1.) must have the same Approved sponsor under the Homes for Ukraine Sponsorship Scheme.
An applicant for entry clearance must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date.
The applicant must be either: a Ukrainian national; or part of an immediate family group (meaning the group set out in UKR 18.1.) which includes an immediate family member who is a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme.
If the applicant is not a Ukrainian national, they must be the immediate family member of a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme, meaning a: (a) partner of the Ukrainian national; or (b) child aged under 18 on the date of application of the Ukrainian national or of their partner; or (c) parent of a Ukrainian national child aged under 18 (where the child is applying under the Homes for Ukraine Sponsorship Scheme); or (d) fiancé(e) or proposed civil partner of the Ukrainian national. An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the Ukrainian national which commenced before 1 January 2022. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner.
Grants of permission under the Homes for Ukraine Sponsorship Scheme will be for a period of up to 36 months. They will permit access to public funds, work, and study subject to the ATAS condition in Appendix ATAS.
Although it opened on 18 March 2022, outside of the Rules, the scheme in the Rules will come into effect on 30 March 2022.
Ukraine Extension Scheme
The requirements for permission to stay include that the applicant must be in the UK. The applicant must have had permission to enter or stay in the UK on 18 March 2022, unless they were in the UK with permission to enter or stay immediately before 1 January but that permission has since expired; or they are a child born in the UK after 18 March 2022. The Rules DO NOT state permission as a visitor does not count as permission for the purpose of this requirement.
Applicants must be either a Ukrainian national, a person who has or last had permission as a partner or child of a Ukrainian national, or a child of a Ukrainian national born in the UK after 18 March 2022. An applicant who is a partner must meet the requirements in Appendix Relationship with Partner. A child born in the UK must provide a full UK birth certificate.
Grants of permission to stay under the Ukraine Extension Scheme will be for whatever is the shorter of either 36 months or a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme. They will permit access to public funds, work, and study subject to the ATAS condition in Appendix ATAS.
The Statement provides that "The changes in relation to the Ukraine Extension Scheme will come into effect on 3 May 2022".
Appendix Relationship with Partner
The Explanatory Memorandum provides: "We are bringing forward the introduction of a new cross-cutting Appendix that will include the requirements on how to show a relationship with a partner. Initially, this Appendix will apply only to proof of relationship with a partner under the Ukraine Schemes, but on 20 June 2022 it will apply to Appendix Settlement Family Life, which commences on that date. In future it will be extended to other routes to apply consistent requirements."
"Minor policy or technical changes to the Rules"
In addition to changes to the Introduction (including definitions for the Ukraine Schemes), Part 1, Part 9, and Appendix AR “to clarify that applicants under the Ukraine Schemes will not have a right of administrative review”, paragraph 6.2 of the Introduction is being amended to exempt payments under the Energy Rebate Scheme 2022 from being classed as a public fund if distributed by Local Authorities under Section 1 of the Localism Act 2011.
Please see pages 14 to 18 of this Statement of Changes for the changes to the previous Statement of Changes in Immigration Rules (HC 1118).
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