UK supports Ukrainians to seek asylum in the country, Immigration concessions sanctioned

Published on: 3rd Mar 2022
Reading time: Approx 8 mins

• To give a befitting reply to Russia, the UK Home Office has eased out Refugee Policies and made concessions for migrant Ukrainians to enter the UK and seek asylum.
• The Home Office announced immigration concessions aimed at protecting the family members of British citizens in Ukraine.
• The UK is also reviewing its policy on asylum entitlements by Ukrainian citizens who are in the UK at present or who may arrive there in future.

There are family visa concessions in place for people of any nationality who usually live in Ukraine with a British family member. The British sponsor must be the applicant’s:

• Spouse or civil partner
• Unmarried partner
• Parent, if the applicant is under the age of 18 years
• Child under the age of 18 years
• Adult relative who lives with the applicant to whom the applicant provides care because of their medical condition

More blogs to know about UK Family Migration Visas

The Prime Minister, Mr. Boris Johnson announced on 27 February that “any person settled in the will be able to bring their Ukrainian immediate family members to join them here”.

Family visa applications get a decision within 24 hours and free. One can lodge a free application to enter the UK. Before that, you must call the Home Office on the following numbers – Telephone: +44 300 3032785 – select option 1 (0300 3032785 if you are in the UK – select option 1). Lines are open 24 hours a day 7 days a week.

After you call, the Home Office will run a check whether you are eligible for the concession and will provide instructions on how to make the visa application free.

To get to the refugee family reunion form, applicants need to go to the (gov.uk) family visa website and select the option – “In the UK with refugee leave or with humanitarian protection”. The Home Office says that “there will be questions in this application form that will not be relevant to your circumstances, please enter N/A in response to any such question”.

The Home Office aims to send out a decision within 24 hours of the applicant attending a biometrics appointment and the same is possible at any Visa Application Centre, including Lviv, Poland, Romania, Hungary or Moldova.

The people who do not meet all the usual family visa eligibility will have a permit to enter the UK.
(For example the English language requirement or minimum income requirement).
If the applicant does not meet these requirements, UKVI will consider an alternative grant of leave to come to the UK.

There is also a Home Office guidance document on family migration concessions; it is limited to Ukrainian citizens. It says that, due to the current situation in Ukraine, an applicant may be unable to provide the full range of documents required for the family route under which they are applying. If so, an applicant must explain why they cannot provide a normally required document when they make their application.

Separate from the section on family visas, the Home Office website also suggests that people in Ukraine who need to enter the UK urgently “should apply for a visa in the usual way and include clear compelling or compassionate reasons for your visit in your application”. This would presumably be a visit visa application.

• Switching visas: Ukrainians who are in the UK at present can apply for permission to stay. This includes situations where people would normally be unable to apply in the relevant category, such as switching from a visit visa: If you are a visitor, The Home Office has introduced a temporary concession to allow Ukrainian nationals in the UK on a visitor visa to switch into a points-based route or a family visa route. Details of the switching concessions are set out in two Home Office guidance documents, one for people on family visas and another for people on work or study visas.

• Visa extensions: The Home Office website says that Ukrainians already in the UK on the Skilled Worker or Student routes can apply to extend their permission, but only “if you meet the Immigration Rules”. This is not a concession. However, the Work Rights Centre reports that people whose permission is about to expire can apply for an “exceptional assurance”.

• To request exceptional assurance, please write to cihassuranceteam@homeoffice.gov.uk with the subject header “Request for an assurance”. Include your full name, date of birth, nationality, Home Office reference number, type of visa, expiry date of visa, and reason for request (example: war in Ukraine). Exceptional assurance is essentially a promise not to remove you from the UK. It is important to be aware that it is not formal immigration permission: getting an exceptional assurance “does not grant you leave”.

• Ukrainians in the UK on the Seasonal Worker route are getting their permission to stay extended to 31 December 2022.

Depending up on war severity, there may be a situation where, someone does not qualify for refugee status, they are eligible for humanitarian protection because they would be at general risk of unlawful killing or serious harm. It may also be possible for Ukrainians to claim asylum based on sexual identity given recent evidence about the treatment of LGBT+ community.

The Russia-Ukraine War situation is changing very rapidly and amendments or fresh government announcements may render this information out of date. Please check Home Office web pages on the immigration and asylum position for Ukrainians. If you are a Ukrainian citizen seeking free legal advice, or are an immigration lawyer who can volunteer to provide it, try contacting the Ukraine Advice Project.