The sponsor licence requirements for businesses seeking to set up in the UK under this route differ in some significant respects from those applicable to other sponsor licence applicants. In this article we highlight these and provide an overview of how the process works.

Text: The UK Expansion Worker route enables up to five (at any one time) senior managers or specialist employees of an established overseas business to set up a UK branch or wholly-owned UK subsidiary. Unlike the predecessor Representative of an Overseas Business route for sole representatives, a sponsor licence is required. Since the UK business acts as the sponsor under this route and will not already be active and trading at the time of application, there is a modified sponsor licence process to follow.

Step 1: Determine whether a UK Expansion Worker licence is appropriate

A UK Expansion Worker licence will only be appropriate to apply for if:

• The overseas business intends to set up a commercial trading presence in the UK, either as a branch or wholly-owned subsidiary;
• There is a UK ‘footprint’ in terms of the UK branch or subsidiary having been registered with Companies House, or of having secured premises in the UK; and
• The UK business is not already active and trading in the UK.

If the overseas business does not intend to establish a branch or subsidiary in the UK but has a contract with a UK business, then the Service Supplier or Secondment Worker routes may be relevant options. This would require the UK client business to act as the sponsor.

If a UK trading presence has already been set up, then the UK Expansion Worker route will not be appropriate. The Senior or Specialist Worker and/or Skilled Worker routes should be considered instead.

Step 2: Prepare the application

Before applying for a UK Expansion Worker sponsor licence, the business must:

• Decide who will be the key personnel for the licence;
• Compile supporting documents; and
• Determine UK HR systems and policies.

Key personnel

The following roles must be allocated before making the application:

• Authorising Officer (AO) – this is the individual in the UK business who is ultimately responsible for oversight of activities under the licence, including the appointment of key personnel and ensuring compliance with sponsor duties;
• Key contact – this is the main point of contact for the Home Office; and
• Level 1 User – there must be at least Level 1 User, as this role oversees the day-to-day activities of the licence on the Home Office’s Sponsor Management System (SMS).

Additional SMS Level 1 Users and Level 2 Users (who only have limited access to the SMS) can be added once the sponsor licence has been granted.

The general rule is that all key personnel must be based in the UK. However, because businesses under the UK Expansion Worker route will not be active and trading in the UK, the Home Office has introduced a ‘provisional’ sponsor licence rating process to cover the situation where the proposed AO needs to be sponsored to enter the UK.

If the provisional sponsor licence process is used and the application is successful, then the licence will be granted with the capability to sponsor only one worker (the AO) initially. This is done through setting a certificate of sponsorship (CoS) allocation of one place. A CoS is in effect an electronic work permit, which an applicant for immigration permission must include the reference number of as part of their application.

The AO must be nominated in the application as the Level 1 User, and must create and assign a CoS for themselves. They must then apply for entry clearance under the UK Expansion Worker route.

Unlike the previous sole representative route, there is no prohibition on a UK Expansion Worker migrant (AO or otherwise) having a majority interest or control over the overseas business.

After the AO’s entry clearance application is approved (and irrespective of whether they have yet travelled to the UK), the AO must update their details on the SMS to include:

• The type of permission they have (UK Expansion Worker);
• the expiry date of their permission;
• their Home Office reference number (this can be their Visa Application Form number, their biometric residence permit number, or any other reference number provided by the Home Office to the AO); and
• their UK address (when they know this).

They also need to ask for the licence rating to be changed from provisional to A-rating. Once the A-rating has been granted, a request for a CoS allocation of up to an additional four places can be made. This would take the number of individuals who could be sponsored under the licence up to five, including the AO.

The AO must ensure they enter the UK on their entry clearance within 28 days of the start date noted on their CoS.

If the UK business has a locally recruited person who can act as the AO, then they can apply for an A-rating (rather than a provisional rating) and request a COS allocation of up to five places as part of the licence application.

Supporting documents

The supporting documents for a UK Expansion Worker sponsor licence are also different from other licences in the following respects:

• Only a UK footprint (as described above) needs to be shown – it is not necessary for example to have a UK business bank account already set up with an institution regulated by the FCA and PRA;
• Evidence must be provided that the overseas business has been active and trading throughout at least the three years immediately before the application, unless the application is being made by a Japanese business under the UK-Japan Comprehensive Economic Partnership Agreement, in which case the overseas business must only be genuinely trading at the time of the application and will only be allowed to sponsor one worker at a time; and
• Business planning and financial evidence must be provided to demonstrate a credible expansion plan to establish a UK business of the same type as the overseas business, within two years.

There are limited exceptions to having to provide the overseas trading and credible expansion plan, for example where the overseas business is listed on certain London or international stock exchanges, or if the viability of the UK expansion is verified by a UK government department.

HR systems and policies

Sponsor licence holders must fulfil certain compliance duties, recordkeeping duties and reporting duties. The UK business must put in place HR policies that cover the sponsor licence duties and be prepared to comment and/or show them to the Home Office.

Step 3: Complete and submit the application

The form for the sponsor licence application is an online form, which must be submitted by the AO. The supporting documents for the application must then be submitted to the Home Office within five working days.

Step 4: Comply with any requests from the Home Office and await a decision

The Home Office may ask for additional information or documents and may also visit the UK premises (if premises have been secured) to check that the appropriate HR systems are in place.

Sponsor licence applications are currently taking two to three months on average to consider. Processing can take longer if there is higher than usual demand, additional queries are raised or a pre-licence visit is considered appropriate.

A pre-licence priority service is available at a cost of £500 per application. This service allows for straight-forward applications to be considered within 10 working days of fee payment or submission of a fully complete application and supporting documents (whichever is later), however availability of this cannot be guaranteed.

Points to note about a UK Expansion Worker licence post-grant

If the application is successful, a UK Expansion Worker licence is granted for four years and cannot be renewed. The expectation is that the UK business should normally be set up within two years.

It is not possible for more than five people to be sponsored under the UK Expansion Worker licence at any one time. So, if one of five sponsored workers stops having UK immigration permission for any reason, it would be possible to ask for an additional CoS allocation of one, to replace that person. It would not be possible to request a COS allocation of two, as that would mean that six people could be in the UK at the one time.

It is ideal to plan a UK Expansion Worker sponsor licence application as early as possible due to the detailed supporting documents required and the high general demand for sponsor licences at present. If you need assistance, please get in touch with a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Li Xiang,

The High Potential Individual (HPI) route has gone live from 9 am on 30 May 2022, giving eligible individuals a new short-term immigration option for the UK.

Text:

The HPI route is intended for recent graduates from top universities to be able to live and work in the UK on an unsponsored basis.

It has a similar grant profile to the Graduate route, offering successful applicants three years’ immigration permission if they have a qualification equivalent to a UK PhD, or two years if they have one that is equivalent to a UK Bachelor or Master’s degree.

Eligibility requirements

To be eligible, an applicant must:

• Be aged 18 or over;

• Have been awarded an academic qualification equivalent to a UK bachelors or UK postgraduate degree within the five years before the date of application (an Ecctis certificate will be needed to show the equivalence of the degree);

• Have received their degree from an institution included on the Global Universities List published by the Home Office on GOV.UK;

• Meet an English language requirement at or above Level B1 on the CEFR;

• Meet a financial requirement of £1,270, unless they are applying in the UK have lived in the UK with immigration permission for at least 12 months before the application;

• Hold a valid certificate certifying they are free of TB, if required;

• Pay the Immigration Health Surcharge; and

• Not previously have been granted immigration permission as a Graduate, Doctorate Extension Scheme participant or HPI.

The Global Universities List includes all institutions ranked within the top 50 of at least two of the following ranking systems:

• Times Higher Education World University Rankings

• Quacquarelli Symonds World University Rankings

• Academic Ranking of World Universities

Lists have been published for 2016 to 2021 and will be updated annually.

The 2021 list covers qualifications awarded between 1 November 2021 and 31 October 2022. It includes 37 institutions, with the majority being in the USA (20), followed by Canada (3), China (2), Japan (2), Hong Kong (2), Singapore (2), Switzerland (2), Australia (1), France (1), Germany (1) and Sweden (1).

The Government has taken a conservative approach to defining the potential pool of eligible applicants, and will be monitoring uptake over the coming months. Depending on the initial assessments of the utility of the route and whether it is meeting its intended purpose, it is possible that the eligibility criteria for the route may be adjusted over time, e.g. to include further universities and/or to expand the ways applicants may qualify, such as through eligible work experience.

Application process

It is possible for applications to be made either from abroad or from within the UK, provided the applicant is not in the UK as a visitor with other limited (mostly short-term) immigration statuses.

Applications by partner and child dependants are allowed.

Comments for employers

This route allows employers to avoid the cost and administration of sponsorship. It may prove attractive in some cases as a vehicle for employing individuals who only wish to work in the UK for a short, fixed period.

The route does not lead to settlement in its own right, and it is not a category under which time can be counted as part of the continuous qualifying period for settlement in any other route. It is therefore likely that some eligible applicants may prefer either to bypass the route in favour of one that leads to settlement, or will seek to switch into a settlement route as soon as they are eligible.

Employers should be aware that migrants in this route may approach them for sponsorship at some point before their HPI permission is due to expire. Sponsored options currently include the Skilled Worker route, and the Scale-up route once available.

When planning a work start date, all applicants should factor in longer than usual processing times as discussed in our earlier article here.

If you have any queries about making an application under this route, please get in touch with a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Priya Gandhi, Ellen Duguid,

The High Potential Individual (HPI) route has gone live from 9 am on 30 May 2022, giving eligible individuals a new short-term immigration option for the UK.

Text:

The HPI route is intended for recent graduates from top universities to be able to live and work in the UK on an unsponsored basis.

It has a similar grant profile to the Graduate route, offering successful applicants three years’ immigration permission if they have a qualification equivalent to a UK PhD, or two years if they have one that is equivalent to a UK Bachelor or Master’s degree.

Eligibility requirements

To be eligible, an applicant must:

• Be aged 18 or over;

• Have been awarded an academic qualification equivalent to a UK bachelors or UK postgraduate degree within the five years before the date of application (an Ecctis certificate will be needed to show the equivalence of the degree);

• Have received their degree from an institution included on the Global Universities List published by the Home Office on GOV.UK;

• Meet an English language requirement at or above Level B1 on the CEFR;

• Meet a financial requirement of £1,270, unless they are applying in the UK have lived in the UK with immigration permission for at least 12 months before the application;

• Hold a valid certificate certifying they are free of TB, if required;

• Pay the Immigration Health Surcharge; and

• Not previously have been granted immigration permission as a Graduate, Doctorate Extension Scheme participant or HPI.

The Global Universities List includes all institutions ranked within the top 50 of at least two of the following ranking systems:

• Times Higher Education World University Rankings

• Quacquarelli Symonds World University Rankings

• Academic Ranking of World Universities

Lists have been published for 2016 to 2021 and will be updated annually.

The 2021 list covers qualifications awarded between 1 November 2021 and 31 October 2022. It includes 37 institutions, with the majority being in the USA (20), followed by Canada (3), China (2), Japan (2), Hong Kong (2), Singapore (2), Switzerland (2), Australia (1), France (1), Germany (1) and Sweden (1).

The Government has taken a conservative approach to defining the potential pool of eligible applicants, and will be monitoring uptake over the coming months. Depending on the initial assessments of the utility of the route and whether it is meeting its intended purpose, it is possible that the eligibility criteria for the route may be adjusted over time, e.g. to include further universities and/or to expand the ways applicants may qualify, such as through eligible work experience.

Application process

It is possible for applications to be made either from abroad or from within the UK, provided the applicant is not in the UK as a visitor with other limited (mostly short-term) immigration statuses.

Applications by partner and child dependants are allowed.

Comments for employers

This route allows employers to avoid the cost and administration of sponsorship. It may prove attractive in some cases as a vehicle for employing individuals who only wish to work in the UK for a short, fixed period.

The route does not lead to settlement in its own right, and it is not a category under which time can be counted as part of the continuous qualifying period for settlement in any other route. It is therefore likely that some eligible applicants may prefer either to bypass the route in favour of one that leads to settlement, or will seek to switch into a settlement route as soon as they are eligible.

Employers should be aware that migrants in this route may approach them for sponsorship at some point before their HPI permission is due to expire. Sponsored options currently include the Skilled Worker route, and the Scale-up route once available.

When planning a work start date, all applicants should factor in longer than usual processing times as discussed in our earlier article here.

If you have any queries about making an application under this route, please get in touch with a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Priya Gandhi, Ellen Duguid,

This guide summarises the main immigration provisions the UK government has put in place for Ukrainian citizens and their family members who have been impacted by the invasion of Ukraine. It covers the options both for individuals who intend to enter the UK and those who are in the UK already.

Text:

The information in this guide is correct at 18 May 2022.

Most recent updates

This guide has been updated to confirm that from 18 May 2022, Homes for Ukraine Sponsorship Scheme applicants with a valid Ukrainian international passport may use the UK Immigration: ID check app.

Introduction

The quickly evolving situation in Ukraine has meant that the UK Government has needed to put in place immediate concessions while also working to amend the Immigration Rules and primary legislation. The legal position is therefore subject to change.

The below links may assist you to stay up-to-date with the most current immigration information.

UK visa support for Ukrainian nationals – GOV.UK (www.gov.uk)

Apply for a Ukraine Family Scheme visa – GOV.UK (www.gov.uk)

Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) – GOV.UK (www.gov.uk)

Homes for Ukraine: sponsor guidance – GOV.UK (www.gov.uk)

Homes for Ukraine – Homes for Ukraine – Local Sponsorship Scheme for Ukraine (campaign.gov.uk)

Homes for Ukraine scheme: frequently asked questions – GOV.UK (www.gov.uk)

Homes for Ukraine Sponsorship Scheme: caseworker guidance – GOV.UK (www.gov.uk)

Move to the UK if you’re from Ukraine – GOV.UK (www.gov.uk)

Immigration information for Ukrainians in the UK: your next steps – GOV.UK (www.gov.uk)

Ukraine Scheme in-country variation guidance – GOV.UK (www.gov.uk)

Apply to stay in the UK under the Ukraine Extension Scheme – GOV.UK (www.gov.uk)

Ukraine Extension Scheme: caseworker guidance – GOV.UK (www.gov.uk)

Additional guidance has also been published for employers and landlords on Ukraine scheme participants’ right to work and right to rent private accommodation in England. See:

Right to work checks: an employer’s guide – GOV.UK (www.gov.uk)

Landlord’s guide to right to rent checks – GOV.UK (www.gov.uk)

The information in this guide focuses on additional immigration measures introduced by the Government. It remains possible for Ukrainian citizens and their family members to apply under any UK immigration route they are ordinarily eligible for.

Some existing UK immigration routes currently include concessions to normal immigration status and documentary requirements. For further information see Ukrainian nationals on family routes: concession to the Immigration Rules – GOV.UK (www.gov.uk) and Ukrainian nationals on work and study routes: concessions to the Immigration Rules – GOV.UK (www.gov.uk). At the present time, care should be taken to assess the intentions and circumstances of Ukrainian citizens and those who are ordinarily resident in Ukraine, as this visa includes requirements to have an intention to leave the UK at the end of the visit and to otherwise be a genuine visitor.

Table of options for applicants who are currently outside the UK

Note that Ukrainians are visa nationals, which means they must obtain a UK visa before travelling and cannot request permission to enter at the border or a juxtaposed control point in France or Belgium.

Scenario	Immigration Route	Where to Apply
Individual who: •Was residing in Ukraine on or immediately before 1 January 2022; and •Has a relevant family relationship (see definitions below) with a UK-based family member.	Ukraine Family Scheme	An applicant with a valid Ukrainian international passport (including one with an official extension stamp) can apply online and does not need to attend a Visa Application Centre (VAC) to provide biometrics. They will however need to continue their application under the scheme in the UK and provide biometrics at that stage, unless they use the UK Immigration: ID check app to verify their identity as part of the application process before arrival. An applicant who does not hold a valid Ukrainian international passport must book an appointment at a VAC in any country they can travel safely to. There are currently no UK VACs operating in Ukraine.
Individual who: •Is a Ukrainian citizen or immediate family member (see definition below), or the immediate family member of a Ukrainian citizen; and •Was residing in Ukraine on or immediately before 1 January 2022; and •Has an offer of a room or self-contained accommodation for at least six months, from an individual who has at least six months’ existing immigration permission in the UK.	Homes for Ukraine Sponsorship Scheme	An applicant with a valid Ukrainian international passport (including one with an official extension stamp) can apply online and does not need to attend a VAC to provide their biometric information. They will however need to continue their application under the scheme once in the UK and provide biometrics at that stage, unless they use the UK Immigration: ID check app to verify their identity as part of the application process before arrival. An applicant who does not hold a valid Ukrainian international passport must book an appointment at a VAC in any country they can travel safely to. There are currently no UK VACs operating in Ukraine
Family member of an individual who is living in the UK with settled or pre-settled status under the EU Settlement Scheme (EUSS) who is from the EEA or Switzerland.	EU Settlement Scheme Family Permit	A VAC in any country the applicant can travel safely to. There are currently no UK VACs operating in Ukraine. *Note that an individual should not apply for an EU Settlement Scheme Family Permit as well as under another Ukraine scheme. They should only apply for one. It is possible to apply under the EUSS after arriving in the UK under one of the Ukraine schemes.

 

Table of options/provisions for applicants who are currently in the UK

Immigration category	Relevant provisions
Ukraine Family Scheme (in-country applicants)	Ukrainian citizens and their family members who are in the UK and who meet the criteria for the scheme (see definitions below) can apply in-country. Those who already have immigration permission under the scheme and have not already enrolled their biometrics at a VAC must make a further in-country application after arrival. Eligible individuals must apply online here, then book and attend an appointment at a UKVCAS service point.
Homes for Ukraine Sponsorship Scheme	It is not possible to make an initial application under this scheme from within the UK. Those who already have immigration permission under the scheme and have not already enrolled their biometrics at a VAC must make a further in-country application after arrival. Eligible individuals must apply online here. Those who are not eligible to use the UK Immigration: ID Check app must book and attend an appointment at a UKVCAS service point.
Ukraine Extension Scheme	This is an in-country only scheme launched from 3 May 2022. It is intended to benefit Ukrainian citizens and their recognised dependants, where they are currently are in the UK and have, or previously had, UK immigration permission. See Apply to stay in the UK under the Ukraine Extension Scheme – GOV.UK (www.gov.uk)
Visitor	There are temporary concessions allowing a Ukrainian citizen in the UK on a visitor visa to switch into a points-based route or a family visa route without having to leave the UK. An applicant will need to meet the requirements of the relevant route and pay the associated fees. See Ukrainian nationals on work and study routes: concessions to the Immigration Rules – GOV.UK (www.gov.uk) and Ukrainian nationals on family routes: concession to the Immigration Rules – GOV.UK (www.gov.uk)
Skilled Worker	A Ukrainian citizen with a Skilled Worker visa that is due to expire can apply to extend their leave or settle in the UK as normal and can benefit from a document flexibility concession.
Student	A Ukrainian citizen who is in the UK on a student visa can apply to extend their immigration permission or switch to a Graduate visa if they meet the Immigration Rules. They can benefit from a document flexibility concession.
Seasonal Worker	A Ukrainian citizen who is currently in the UK on a Seasonal Worker visa can extend their visa until 31 December 2022. The individual must continue working in a job permitted by the Seasonal Worker route, with the same Scheme Operator (sponsor). Pork butchers can alternatively apply under the Skilled Worker route if their employer is willing to sponsor them and they otherwise meet the Immigration Rules for the route.
HGV driver	A Ukrainian citizen who is currently in the UK as a HGV driver can extend their visa until 31 December 2022. They must continue to work in their current occupation with the same sponsor.

 

Further explanation and details of Ukraine Family Scheme and Homes for Ukraine Sponsorship Scheme

Details common to both schemes

The applicant must have been ordinarily resident in the Ukraine on or immediately before 1 January 2022, unless they are already in the UK (for the Ukraine Family Scheme only) or they are a child born or adopted on or after that date. Residence in Ukraine is initially confirmed through self-certification on the application form, however caseworkers can ask for evidence of residence in limited circumstances. 

The scheme is free for applicants, with no application fee, immigration health surcharge or biometric enrolment fee. There is also no TB testing requirement. 

Individuals who hold a valid Ukrainian international passport and who do not either use the UK Immigration: ID Check app or attend a VAC outside the UK are issued with a permission letter and are then given six months permission to enter the UK by a Border Force official on arrival.

Applicants who use the UK Immigration: ID Check app will receive an eVisa, which they can use to travel to the UK.

Applicants who enter the UK with a permission letter can have their application varied, after arrival, from being an entry clearance application to one for permission to stay in the UK. The permission to stay will be granted to take their overall immigration permission under the Ukraine Schemes up to a total of three years. To do this, they must complete an online application using the ‘light touch’ form and provide their biometrics. Biometrics will need to be submitted within six months of arriving in the UK.

The form is available here: Ukraine Scheme BRP (visas-immigration.service.gov.uk).

All other applicants who have enrolled their biometrics are given immigration permission for three years (less any time already spent under one of the Ukraine schemes). Scheme participants are allowed to work, study, rent private accommodation, use the NHS, access English language tuition and claim benefits in the UK.

For specific queries, applicants can contact a free UKVI helpline on +44 808 164 8810 (0808 164 8810 from within the UK), or +44 (0)175 390 7510 for those who cannot contact UK 0808 numbers. Opening hours are available here.

Ukraine Family Scheme 

The Ukraine Family Scheme (UFS) allows applicants who have a family connection with UK-based family member to make a visa application from abroad or extend their stay in the UK under the scheme. An applicant can be in or outside the UK at the time they apply.

A UK-based family member is defined as a:

• British citizen;
• Person settled in the UK, e.g. with indefinite leave to remain or settled status under the EU Settlement Scheme;
• EEA or Swiss citizen with pre-settled status under the EU Settlement Scheme who started living in the UK before 1 January 2021; or
• Person with refugee status or humanitarian protection in the UK.

The applicant must meet the definition of an ‘immediate family member’, ‘extended family member’ or ‘immediate family member of an extended family member’.

An immediate family member of a UK-based family member or an applicant under the scheme is defined as a: 

• Spouse or civil partner;
• Unmarried partner (living together in a partner relationship for at least two years); 
• Child who is under 18;
• Parent (if applicant is under 18); or
• Fiancé(e) or proposed civil partner. 

An extended family member is defined as a:

• Parent (if the applicant is over 18);
• Child who is over 18;
• Grandparent;
• Grandchild or the applicant’s partner’s grandchild;
• Brother or sister;
• Aunt or Uncle;
• Niece or nephew;
• Cousin;
• Mother-in-law or father-in-law;
• Grandparent-in-law; or
• Brother-in-law or sister-in-law.

An immediate family member of an extended family member is defined as a: 

• Spouse, civil partner or unmarried partner (living together in a partner relationship for at least two years) of an extended family member;
• Child under 18 of an extended family member;
• Parent of a child under 18 who is an extended family member; and
• Fiancé(e) or proposed civil partner of an extended family member. 

Note that where an applicant’s UK-based family member is their (or an extended family member’s) spouse, civil partner, fiancé(e) or proposed civil partner, the relationship must have started before 1 January 2022. Also, individuals granted UK immigration permission as a visitor after 18 March 2022 are not eligible to apply under the scheme from within the UK.

For further details on UFS, see Apply for a Ukraine Family Scheme visa – GOV.UK (www.gov.uk) or Ukraine Scheme: caseworker guidance – GOV.UK (www.gov.uk).
 
Homes for Ukraine Sponsorship Scheme

The Homes for Ukraine Sponsorship Scheme (HUSS) offers a route for a Ukrainian citizen, or the immediate family member (which has the same definition as for the UFS) of a Ukrainian citizen to apply from abroad to come to the UK where they have a confirmed sponsorship offer under the Homes for Ukraine scheme. The sponsorship offer can be a for an appropriate spare room or vacant self-contained accommodation for at least six months.

Applicants under HUSS must be aged 18 or over unless they are applying with a parent or legal guardian, or intending to join a parent or legal guardian in the UK.

During the first phase of the scheme, any UK-based individual (of any nationality and any immigration status provided they have at least six months immigration permission in the UK) can be a sponsor. The Scottish Government is also acting as a sponsor.

Organisations interested in being a sponsor under a later phase of the scheme can register their interest here.

For further details on HUSS, see Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) – GOV.UK (www.gov.uk), Homes for Ukraine scheme: frequently asked questions – GOV.UK (www.gov.uk) and Homes for Ukraine Sponsorship Scheme: caseworker guidance – GOV.UK (www.gov.uk).

Further explanation and details of Ukraine Extension Scheme

The Ukraine Extension Scheme (UES) offers a route for a Ukrainian citizen and their eligible dependants to extend their immigration permission from within the UK.

To be eligible, an applicant must be:

• A Ukrainian citizen;

• A partner or child of a Ukrainian citizen who has/last had UK immigration permission in that capacity; or

• A child of a Ukrainian citizen born in the UK after 18 March 2022.

Applicants must also be in the UK and have had UK immigration permission on 18 March 2022 unless:

• They were in the UK with permission immediately before 1 January 2022 and that permission has expired by the time they make their application; or

• They are a child born in the UK after 18 March 2022.

The application is free and applicants must provide their biometrics at a UKVCAS service point.

Immigration permission will be granted for up to three years. Those who have previously been granted immigration permission under any of the Ukraine Schemes will be granted a shorter period, to take the total permission under the Schemes up to three years.

UES participants are allowed to work, study, rent private accommodation, use the NHS, access English language tuition and claim benefits in the UK. UES is not however a route to settlement in the UK, so individuals who are currently on a route to settlement may prefer to extend in that capacity if eligible.

For further information on the UES, see Apply to stay in the UK under the Ukraine Extension Scheme – GOV.UK (www.gov.uk) and Ukraine Extension Scheme: caseworker guidance – GOV.UK (www.gov.uk).

For specific queries, applicants can contact a free UKVI helpline on +44 808 164 8810 (0808 164 8810 from within the UK), or +44 (0)175 390 7510 for those who cannot contact UK 0808 numbers. Opening hours are available here.

Related Item(s): Immigration

This guide summarises the main immigration provisions the UK government has put in place for Ukrainian citizens and their family members who have been impacted by the invasion of Ukraine. It covers the options both for individuals who intend to enter the UK and those who are in the UK already.

Text:

The information in this guide is correct at 18 May 2022.

Most recent updates

This guide has been updated to confirm that from 18 May 2022, Homes for Ukraine Sponsorship Scheme applicants with a valid Ukrainian international passport may use the UK Immigration: ID check app.

Introduction

The quickly evolving situation in Ukraine has meant that the UK Government has needed to put in place immediate concessions while also working to amend the Immigration Rules and primary legislation. The legal position is therefore subject to change.

The below links may assist you to stay up-to-date with the most current immigration information.

UK visa support for Ukrainian nationals – GOV.UK (www.gov.uk)

Apply for a Ukraine Family Scheme visa – GOV.UK (www.gov.uk)

Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) – GOV.UK (www.gov.uk)

Homes for Ukraine: sponsor guidance – GOV.UK (www.gov.uk)

Homes for Ukraine – Homes for Ukraine – Local Sponsorship Scheme for Ukraine (campaign.gov.uk)

Homes for Ukraine scheme: frequently asked questions – GOV.UK (www.gov.uk)

Homes for Ukraine Sponsorship Scheme: caseworker guidance – GOV.UK (www.gov.uk)

Move to the UK if you’re from Ukraine – GOV.UK (www.gov.uk)

Immigration information for Ukrainians in the UK: your next steps – GOV.UK (www.gov.uk)

Ukraine Scheme in-country variation guidance – GOV.UK (www.gov.uk)

Apply to stay in the UK under the Ukraine Extension Scheme – GOV.UK (www.gov.uk)

Ukraine Extension Scheme: caseworker guidance – GOV.UK (www.gov.uk)

Additional guidance has also been published for employers and landlords on Ukraine scheme participants’ right to work and right to rent private accommodation in England. See:

Right to work checks: an employer’s guide – GOV.UK (www.gov.uk)

Landlord’s guide to right to rent checks – GOV.UK (www.gov.uk)

The information in this guide focuses on additional immigration measures introduced by the Government. It remains possible for Ukrainian citizens and their family members to apply under any UK immigration route they are ordinarily eligible for.

Some existing UK immigration routes currently include concessions to normal immigration status and documentary requirements. For further information see Ukrainian nationals on family routes: concession to the Immigration Rules – GOV.UK (www.gov.uk) and Ukrainian nationals on work and study routes: concessions to the Immigration Rules – GOV.UK (www.gov.uk). At the present time, care should be taken to assess the intentions and circumstances of Ukrainian citizens and those who are ordinarily resident in Ukraine, as this visa includes requirements to have an intention to leave the UK at the end of the visit and to otherwise be a genuine visitor.

Table of options for applicants who are currently outside the UK

Note that Ukrainians are visa nationals, which means they must obtain a UK visa before travelling and cannot request permission to enter at the border or a juxtaposed control point in France or Belgium.

Scenario	Immigration Route	Where to Apply
Individual who: •Was residing in Ukraine on or immediately before 1 January 2022; and •Has a relevant family relationship (see definitions below) with a UK-based family member.	Ukraine Family Scheme	An applicant with a valid Ukrainian international passport (including one with an official extension stamp) can apply online and does not need to attend a Visa Application Centre (VAC) to provide biometrics. They will however need to continue their application under the scheme in the UK and provide biometrics at that stage, unless they use the UK Immigration: ID check app to verify their identity as part of the application process before arrival. An applicant who does not hold a valid Ukrainian international passport must book an appointment at a VAC in any country they can travel safely to. There are currently no UK VACs operating in Ukraine.
Individual who: •Is a Ukrainian citizen or immediate family member (see definition below), or the immediate family member of a Ukrainian citizen; and •Was residing in Ukraine on or immediately before 1 January 2022; and •Has an offer of a room or self-contained accommodation for at least six months, from an individual who has at least six months’ existing immigration permission in the UK.	Homes for Ukraine Sponsorship Scheme	An applicant with a valid Ukrainian international passport (including one with an official extension stamp) can apply online and does not need to attend a VAC to provide their biometric information. They will however need to continue their application under the scheme once in the UK and provide biometrics at that stage, unless they use the UK Immigration: ID check app to verify their identity as part of the application process before arrival. An applicant who does not hold a valid Ukrainian international passport must book an appointment at a VAC in any country they can travel safely to. There are currently no UK VACs operating in Ukraine
Family member of an individual who is living in the UK with settled or pre-settled status under the EU Settlement Scheme (EUSS) who is from the EEA or Switzerland.	EU Settlement Scheme Family Permit	A VAC in any country the applicant can travel safely to. There are currently no UK VACs operating in Ukraine. *Note that an individual should not apply for an EU Settlement Scheme Family Permit as well as under another Ukraine scheme. They should only apply for one. It is possible to apply under the EUSS after arriving in the UK under one of the Ukraine schemes.

 

Table of options/provisions for applicants who are currently in the UK

Immigration category	Relevant provisions
Ukraine Family Scheme (in-country applicants)	Ukrainian citizens and their family members who are in the UK and who meet the criteria for the scheme (see definitions below) can apply in-country. Those who already have immigration permission under the scheme and have not already enrolled their biometrics at a VAC must make a further in-country application after arrival. Eligible individuals must apply online here, then book and attend an appointment at a UKVCAS service point.
Homes for Ukraine Sponsorship Scheme	It is not possible to make an initial application under this scheme from within the UK. Those who already have immigration permission under the scheme and have not already enrolled their biometrics at a VAC must make a further in-country application after arrival. Eligible individuals must apply online here. Those who are not eligible to use the UK Immigration: ID Check app must book and attend an appointment at a UKVCAS service point.
Ukraine Extension Scheme	This is an in-country only scheme launched from 3 May 2022. It is intended to benefit Ukrainian citizens and their recognised dependants, where they are currently are in the UK and have, or previously had, UK immigration permission. See Apply to stay in the UK under the Ukraine Extension Scheme – GOV.UK (www.gov.uk)
Visitor	There are temporary concessions allowing a Ukrainian citizen in the UK on a visitor visa to switch into a points-based route or a family visa route without having to leave the UK. An applicant will need to meet the requirements of the relevant route and pay the associated fees. See Ukrainian nationals on work and study routes: concessions to the Immigration Rules – GOV.UK (www.gov.uk) and Ukrainian nationals on family routes: concession to the Immigration Rules – GOV.UK (www.gov.uk)
Skilled Worker	A Ukrainian citizen with a Skilled Worker visa that is due to expire can apply to extend their leave or settle in the UK as normal and can benefit from a document flexibility concession.
Student	A Ukrainian citizen who is in the UK on a student visa can apply to extend their immigration permission or switch to a Graduate visa if they meet the Immigration Rules. They can benefit from a document flexibility concession.
Seasonal Worker	A Ukrainian citizen who is currently in the UK on a Seasonal Worker visa can extend their visa until 31 December 2022. The individual must continue working in a job permitted by the Seasonal Worker route, with the same Scheme Operator (sponsor). Pork butchers can alternatively apply under the Skilled Worker route if their employer is willing to sponsor them and they otherwise meet the Immigration Rules for the route.
HGV driver	A Ukrainian citizen who is currently in the UK as a HGV driver can extend their visa until 31 December 2022. They must continue to work in their current occupation with the same sponsor.

 

Further explanation and details of Ukraine Family Scheme and Homes for Ukraine Sponsorship Scheme

Details common to both schemes

The applicant must have been ordinarily resident in the Ukraine on or immediately before 1 January 2022, unless they are already in the UK (for the Ukraine Family Scheme only) or they are a child born or adopted on or after that date. Residence in Ukraine is initially confirmed through self-certification on the application form, however caseworkers can ask for evidence of residence in limited circumstances. 

The scheme is free for applicants, with no application fee, immigration health surcharge or biometric enrolment fee. There is also no TB testing requirement. 

Individuals who hold a valid Ukrainian international passport and who do not either use the UK Immigration: ID Check app or attend a VAC outside the UK are issued with a permission letter and are then given six months permission to enter the UK by a Border Force official on arrival.

Applicants who use the UK Immigration: ID Check app will receive an eVisa, which they can use to travel to the UK.

Applicants who enter the UK with a permission letter can have their application varied, after arrival, from being an entry clearance application to one for permission to stay in the UK. The permission to stay will be granted to take their overall immigration permission under the Ukraine Schemes up to a total of three years. To do this, they must complete an online application using the ‘light touch’ form and provide their biometrics. Biometrics will need to be submitted within six months of arriving in the UK.

The form is available here: Ukraine Scheme BRP (visas-immigration.service.gov.uk).

All other applicants who have enrolled their biometrics are given immigration permission for three years (less any time already spent under one of the Ukraine schemes). Scheme participants are allowed to work, study, rent private accommodation, use the NHS, access English language tuition and claim benefits in the UK.

For specific queries, applicants can contact a free UKVI helpline on +44 808 164 8810 (0808 164 8810 from within the UK), or +44 (0)175 390 7510 for those who cannot contact UK 0808 numbers. Opening hours are available here.

Ukraine Family Scheme 

The Ukraine Family Scheme (UFS) allows applicants who have a family connection with UK-based family member to make a visa application from abroad or extend their stay in the UK under the scheme. An applicant can be in or outside the UK at the time they apply.

A UK-based family member is defined as a:

• British citizen;
• Person settled in the UK, e.g. with indefinite leave to remain or settled status under the EU Settlement Scheme;
• EEA or Swiss citizen with pre-settled status under the EU Settlement Scheme who started living in the UK before 1 January 2021; or
• Person with refugee status or humanitarian protection in the UK.

The applicant must meet the definition of an ‘immediate family member’, ‘extended family member’ or ‘immediate family member of an extended family member’.

An immediate family member of a UK-based family member or an applicant under the scheme is defined as a: 

• Spouse or civil partner;
• Unmarried partner (living together in a partner relationship for at least two years); 
• Child who is under 18;
• Parent (if applicant is under 18); or
• Fiancé(e) or proposed civil partner. 

An extended family member is defined as a:

• Parent (if the applicant is over 18);
• Child who is over 18;
• Grandparent;
• Grandchild or the applicant’s partner’s grandchild;
• Brother or sister;
• Aunt or Uncle;
• Niece or nephew;
• Cousin;
• Mother-in-law or father-in-law;
• Grandparent-in-law; or
• Brother-in-law or sister-in-law.

An immediate family member of an extended family member is defined as a: 

• Spouse, civil partner or unmarried partner (living together in a partner relationship for at least two years) of an extended family member;
• Child under 18 of an extended family member;
• Parent of a child under 18 who is an extended family member; and
• Fiancé(e) or proposed civil partner of an extended family member. 

Note that where an applicant’s UK-based family member is their (or an extended family member’s) spouse, civil partner, fiancé(e) or proposed civil partner, the relationship must have started before 1 January 2022. Also, individuals granted UK immigration permission as a visitor after 18 March 2022 are not eligible to apply under the scheme from within the UK.

For further details on UFS, see Apply for a Ukraine Family Scheme visa – GOV.UK (www.gov.uk) or Ukraine Scheme: caseworker guidance – GOV.UK (www.gov.uk).
 
Homes for Ukraine Sponsorship Scheme

The Homes for Ukraine Sponsorship Scheme (HUSS) offers a route for a Ukrainian citizen, or the immediate family member (which has the same definition as for the UFS) of a Ukrainian citizen to apply from abroad to come to the UK where they have a confirmed sponsorship offer under the Homes for Ukraine scheme. The sponsorship offer can be a for an appropriate spare room or vacant self-contained accommodation for at least six months.

Applicants under HUSS must be aged 18 or over unless they are applying with a parent or legal guardian, or intending to join a parent or legal guardian in the UK.

During the first phase of the scheme, any UK-based individual (of any nationality and any immigration status provided they have at least six months immigration permission in the UK) can be a sponsor. The Scottish Government is also acting as a sponsor.

Organisations interested in being a sponsor under a later phase of the scheme can register their interest here.

For further details on HUSS, see Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) – GOV.UK (www.gov.uk), Homes for Ukraine scheme: frequently asked questions – GOV.UK (www.gov.uk) and Homes for Ukraine Sponsorship Scheme: caseworker guidance – GOV.UK (www.gov.uk).

Further explanation and details of Ukraine Extension Scheme

The Ukraine Extension Scheme (UES) offers a route for a Ukrainian citizen and their eligible dependants to extend their immigration permission from within the UK.

To be eligible, an applicant must be:

• A Ukrainian citizen;

• A partner or child of a Ukrainian citizen who has/last had UK immigration permission in that capacity; or

• A child of a Ukrainian citizen born in the UK after 18 March 2022.

Applicants must also be in the UK and have had UK immigration permission on 18 March 2022 unless:

• They were in the UK with permission immediately before 1 January 2022 and that permission has expired by the time they make their application; or

• They are a child born in the UK after 18 March 2022.

The application is free and applicants must provide their biometrics at a UKVCAS service point.

Immigration permission will be granted for up to three years. Those who have previously been granted immigration permission under any of the Ukraine Schemes will be granted a shorter period, to take the total permission under the Schemes up to three years.

UES participants are allowed to work, study, rent private accommodation, use the NHS, access English language tuition and claim benefits in the UK. UES is not however a route to settlement in the UK, so individuals who are currently on a route to settlement may prefer to extend in that capacity if eligible.

For further information on the UES, see Apply to stay in the UK under the Ukraine Extension Scheme – GOV.UK (www.gov.uk) and Ukraine Extension Scheme: caseworker guidance – GOV.UK (www.gov.uk).

For specific queries, applicants can contact a free UKVI helpline on +44 808 164 8810 (0808 164 8810 from within the UK), or +44 (0)175 390 7510 for those who cannot contact UK 0808 numbers. Opening hours are available here.

Related Item(s): Immigration

Since the Russian invasion of Ukraine in February, the Home Office has been increasing its published visa decision waiting times as it prioritises the processing of applications under the Ukraine schemes.

Text:

Entry clearance applications

The service standards for entry clearance applications have increased significantly in recent months.

All priority services for entry clearance applications under the work, study and family routes have been temporarily suspended since mid-March 2022.

In addition, in some locations there have been delays with decisions on applications being notified to applicants, and with passports being returned or made available for collection with the relevant visa vignette endorsed.

Family visa applications

The most recent increase in waiting times, announced on 11 May 2022, has doubled the processing standard for family route applications from 12 to 24 weeks.

Work visa applications

Although the published processing standard for work visas remains at 3 weeks, work visa applicants are advised on GOV.UK that applications may currently take longer to process. At some Visa Application Centres, applicants have been advised of a processing timeframe of 6 weeks. Processing times in practice, particularly for those who are not eligible to use the UK Immigration: ID check app, may be in excess of this.

Visitor and transit visa applications

Average processing times for visitor and transit visa applications have increased from 3 to 6 weeks, however priority processing is still available in some locations.

Applications for Russian citizens

It currently remains possible for UK entry clearance applications to be made by Russian citizens. However, in practice these applications appear to be more delayed than for other nationalities, for reasons that are not currently clear but may include additional security checks.

It should however be noted that sections 70, 71 and 73 of the Nationality and Borders Act 2022 were brought into force on 28 April 2022. These provisions allow the Home Office to make Immigration Rules that impose visa penalties on any country the Home Secretary specifies as having taken action that:

• Gives, or is likely to give, rise to a threat to international peace and security;

• Results, or is likely to result, in armed conflict; or

• Gives, or is likely to give, rise to a breach of international humanitarian law.

The visa penalties that may be imposed under the Immigration Rules are:

• Requiring entry clearance not to be granted to nationals of a specified country before the end of a specified period;

• Suspending the Home Office’s power to grant entry clearance in respect of such an application;

• Requiring such an application to be treated as invalid; and/or

• Requiring such an applicant to pay an additional fee of £190 (or other amount if approved under regulations).

It is necessary for the Home Secretary to give the country reasonable notice of the intention to impose visa penalties, and such penalties cannot be applied to any application that has been made before the day the relevant Immigration Rules are made effective.

Immigration Rules may come into effect on the date they are laid, so Russian citizens who intend to make a UK visa application may wish to do so as soon as possible.

Applications for permission to stay

Although in-country application processing is not as severely affected as for entry clearance, there are still certain points to be aware of.

General processing situation

In-country 10-year partner route and parent route average processing times have been increased to 11 months. Other application processing times for in-country applications are relatively unaffected, and priority services remain in place. This could however change if the overall demand for Ukraine Scheme visas remains high or existing backlogs need to be reduced.

UKVCAS IDV app

Since mid-March 2022, applicants for a replacement Biometric Residence Permit (BRP) or Biometric Residence Card (BRC), some nationality applicants and some applicants for settlement as a partner or parent will be invited to use the UKVCAS Identity Verification (IDV) app rather than attending a UKVCAS service point. the IDV app process can, but will not always, result in a quicker decision. This is because the Home Office assesses who is eligible for their biometrics to be reused, and this can take up to 14 days.

Biometric enrolment at a UKVCAS service point

Appointments to attend a UKVCAS premium lounge to enrol biometrics are currently available within 1 to 2 weeks on average, and other paid appointments are available with 2 to 3 weeks on average.

Ukrainian citizens with a valid international passport

One positive development is that since 11 May 2022, Ukraine Family Scheme applicants with a valid Ukrainian international passport may use the UK Immigration: ID Check app to provide their biometric details before arriving in the UK. This will reduce the need for some Ukrainian citizens to attend a UKVCAS service point to enrol their biometrics after arrival.

Russian citizens applying in-country

Applications by Russian citizens are currently unaffected, and visa penalties will not be imposed in-country. However, processing delays may occur if additional security checks are carried out.

Considerations for employers

In view of the current operational situation, we would suggest that employers consider the following:

• Commencing the entry clearance process as early as possible ahead of an employee’s intended start date;

• Communicating to internal teams that target start dates may be affected by visa processing delays;

• Commencing the visitor visa application process as early as possible ahead of a planned business visit from a visa national client or overseas employee (a long-term visitor visa may be an option for some applicants), and using priority services where available;

• Considering the feasibility of initially sponsoring a person under a work route where the person is eligible to applying under a family route;

• Making UK entry clearance applications for Russian citizens without delay; and/or

• In view of ongoing delays with outstanding entry clearance applications for Russian citizens, relocating Russian employees to interim or permanent destination countries other than the UK where swift departure from Russia is a priority.

If you have queries about any of the issues raised in this article, please contact a member of our Immigration Team.

Related Item(s): Immigration

Author(s)/Speaker(s): Andrew Osborne, Supinder Singh Sian, Stephen OFlaherty, Kathryn Denyer,

According to the UNHCR, one of the key contributors to refugee integration is meaningful employment – enabling self-sufficiency and social connections. The Government is now running three immigration schemes for people arriving in the UK from Ukraine, and this week has shed a little more light on how these tie in with access to the labour market.

Text:

We previously wrote about some of the practical and legal considerations for employers looking to offer employment to people arriving in the UK from Ukraine. The government has now published new guidance for businesses in this position, but will it help to make this a smooth process?

What practical arrangements have been put in place?

The new guidance includes a link to a questionnaire into which employers can input information about vacancies they have available. This operates as a gateway to support from both the Department of Work and Pensions and the charity Refugee Employment Network (REN), which works to help refugees access work. According to the guidance, once information on the vacancy is submitted, the employer will be contacted by the DWP and the vacancies will be shared with the Job Centre Plus and with REN.

Is there any guidance for employers?

Specific guidance is limited, but employers looking to understand more about the equivalence of professional qualifications are directed to the UK Centre for Professional Qualifications. This provides a free service to help individuals and employers understand entry to regulated professions.

The guidance does, however, link to guidelines produced in 2019 by a group of government departments and international organisations: Tapping Potential guidelines. Although this publication predates the conflict in Ukraine and does not address the new immigration schemes specifically (in particular the right to work section does not apply to people arriving from Ukraine), it does provide information and advice for employers on recruiting and employing refugees.

As noted in our previous insight, discrimination laws in the UK significantly limit the extent to which employers can prioritise one nationality over another. This is something we have written more about here. Although the Tapping Potential guidelines refer to the tie breaker provisions in the Equality Act (which apply where two candidates are equally qualified to be recruited) these provisions are limited in scope and potentially risky for employers to rely on.

There are, however, other measures employers could consider within the framework of the positive action provisions, for example:

• Developing work experience placements or work preparation programmes targeting or including refugees;
• Helping refugees to improve their language skills; and
• Providing progression pathways and mentoring schemes to enable refugees to develop their career.

What is the position regarding immigration status?

The guidance explains that people arriving in the UK under the Ukraine Family Scheme, or the Ukraine Sponsorship Scheme (Homes for Ukraine) will be granted leave to remain in the UK for 3 years. They can live here, work here, and access benefits and public services.

Also, the Ukraine Extension Scheme was launched on 3 May, providing people with another means of extending their stay in the UK for 3 years. Employees and employers should consider the options carefully before opting to use this scheme.

Although immigration permission under the Ukraine Extension Scheme does provide the same entitlements as under the other Ukraine schemes, including the right to work, and is a free scheme, some factors to take into account include:

• Whether the employee wishes to settle in the UK – although the position may change in the future, currently the Ukraine Extension Scheme does not lead to settlement, nor does time spent in it count towards settlement in any other immigration route;
• Whether the employee wishes to be joined by dependants who do not fall within the scope of the Ukraine Extension Scheme, e.g. because they have not previously been granted UK immigration permission as a dependant of the employee; and
• Whether the employer wishes to retain the employee under a sponsored route.

For further information on the UK immigration provisions for people from Ukraine, see our separate article here.

Related Item(s): Employment, Immigration

Author(s)/Speaker(s): Rebecca Jobling, Supinder Singh Sian,

According to the UNHCR, one of the key contributors to refugee integration is meaningful employment – enabling self-sufficiency and social connections. The Government is now running three immigration schemes for people arriving in the UK from Ukraine, and this week has shed a little more light on how these tie in with access to the labour market.

Text:

We previously wrote about some of the practical and legal considerations for employers looking to offer employment to people arriving in the UK from Ukraine. The government has now published new guidance for businesses in this position, but will it help to make this a smooth process?

What practical arrangements have been put in place?

The new guidance includes a link to a questionnaire into which employers can input information about vacancies they have available. This operates as a gateway to support from both the Department of Work and Pensions and the charity Refugee Employment Network (REN), which works to help refugees access work. According to the guidance, once information on the vacancy is submitted, the employer will be contacted by the DWP and the vacancies will be shared with the Job Centre Plus and with REN.

Is there any guidance for employers?

Specific guidance is limited, but employers looking to understand more about the equivalence of professional qualifications are directed to the UK Centre for Professional Qualifications. This provides a free service to help individuals and employers understand entry to regulated professions.

The guidance does, however, link to guidelines produced in 2019 by a group of government departments and international organisations: Tapping Potential guidelines. Although this publication predates the conflict in Ukraine and does not address the new immigration schemes specifically (in particular the right to work section does not apply to people arriving from Ukraine), it does provide information and advice for employers on recruiting and employing refugees.

As noted in our previous insight, discrimination laws in the UK significantly limit the extent to which employers can prioritise one nationality over another. This is something we have written more about here. Although the Tapping Potential guidelines refer to the tie breaker provisions in the Equality Act (which apply where two candidates are equally qualified to be recruited) these provisions are limited in scope and potentially risky for employers to rely on.

There are, however, other measures employers could consider within the framework of the positive action provisions, for example:

• Developing work experience placements or work preparation programmes targeting or including refugees;
• Helping refugees to improve their language skills; and
• Providing progression pathways and mentoring schemes to enable refugees to develop their career.

What is the position regarding immigration status?

The guidance explains that people arriving in the UK under the Ukraine Family Scheme, or the Ukraine Sponsorship Scheme (Homes for Ukraine) will be granted leave to remain in the UK for 3 years. They can live here, work here, and access benefits and public services.

Also, the Ukraine Extension Scheme was launched on 3 May, providing people with another means of extending their stay in the UK for 3 years. Employees and employers should consider the options carefully before opting to use this scheme.

Although immigration permission under the Ukraine Extension Scheme does provide the same entitlements as under the other Ukraine schemes, including the right to work, and is a free scheme, some factors to take into account include:

• Whether the employee wishes to settle in the UK – although the position may change in the future, currently the Ukraine Extension Scheme does not lead to settlement, nor does time spent in it count towards settlement in any other immigration route;
• Whether the employee wishes to be joined by dependants who do not fall within the scope of the Ukraine Extension Scheme, e.g. because they have not previously been granted UK immigration permission as a dependant of the employee; and
• Whether the employer wishes to retain the employee under a sponsored route.

For further information on the UK immigration provisions for people from Ukraine, see our separate article here.

Related Item(s): Employment, Immigration

Author(s)/Speaker(s): Rebecca Jobling, Supinder Singh Sian,

Individuals who hold a UK Visas and Immigration (UKVI) account need to maintain the details recorded in it. In this article we outline some tips for when to review and update the information to minimise the chance of delays at the border and to ensure access to the account is not disrupted.

Text:

A UKVI account is made available to individuals who have made a successful application to the EU Settlement scheme or for a visa using the UK Immigration: ID Check app. The account allows them to view their immigration permission online and share the details with third parties such as employers, landlords and education institutions. The account is also used by Border Force when passengers arrive in the UK. Delays can be encountered at the border where, for example, the UKVI account has not been updated to include the passport the individual wishes to enter on.

There are two apps the Home Office uses that lead to a UKVI account being created or updated. For the EU Settlement Scheme this is the EU Exit: ID Document Check app and for other eligible applications this is the Using the ‘UK Immigration: ID Check’ app.  

Tip 1: Following the approval of new immigration permission, update the details on the UKVI account straight away

To initially verify an applicant’s identity on either of the apps, they will need to have a biometric EEA passport, or their most recently issued biometric residence permit (BRP) or biometric residence card (BRC).

If a BRP or BRC number is used to set up the UKVI account, once the immigration permission has been approved, the individual should update their log in document details as their BRP or BRC will no longer be valid.

A visa national will receive a new BRP or BRC showing their new immigration permission. Once received, they should log in to their UKVI account and enter the details of their new BRP or BRC. They should also include their passport information and can choose whether to make the passport their identity document for logging into the account.

A non-visa national will be granted an eVisa, and will not have a further physical BRP or BRC issued. They should update their account to show their passport as the log in identity document.

These changes can be made at Update your UK Visas and Immigration account details – GOV.UK.

Tip 2: Return a superseded BRP or BRC to the Home Office

Once any new immigration permission has been granted, any BRP or BRC previously held will become invalid and should be returned to the Home Office. To do this, the BRP or BRC will need to be cut into quarters and posted in a windowless plain envelope to the address detailed in the Home Office application approval email. Failure to return the document can lead to a penalty of up to £1,000 becoming payable.

Tip 3: Know what details need to be maintained or can be added to the UKVI account and keep the information up-to-date

All individuals who have a UKVI account are under an obligation to keep their profiles up-to-date.

Key pieces of information which must be kept up-to-date include:

• Mobile phone number;
• Email address (it is preferable to use a personal email address that is accessed regularly);
• Name;
• Identity document; and
• UK address.

It is not however possible to change the identity document or name details if the individual has an outstanding immigration application with UKVI.

The UKVI account also can be updated to:

• Correct an incorrect date of birth;
• Add an additional nationality;
• Add an extra identity document (e.g. passport, national ID and/or current BRP or BRC);
• Change a photo (e.g. following a change of appearance that makes the individual no longer resemble the image on the account);
• Grant another person access to the individual’s visa applications (e.g. if that person is assisting to apply for a future immigration application); and
• Give another person ownership of the account if it was previously set up on their behalf.

As well as updating the UKVI account, if any of the information contained on a BRP or BRC changes, a replacement document should also be applied for.

Once received, the details of the new BRP or BRC should be updated on the UKVI account.

As it can be easy to forget to update the details on the UKVI account, it may be helpful to schedule periodic reminders to log into the account and check whether the details are still correct and if anything needs updating or adding.

Tip 4: Double-check that the details in the UKVI account are up-to-date before making a further application for UK immigration permission

This will help to ensure that any communications from the Home Office are received and that multiple UKVI accounts are not created. This can happen if a different identity document is used for a new application.

Tip 5: Be aware that being eligible to use the app for one application does not necessarily mean it can then be used for all further applications

If a non-visa national makes an in-country visa application using a BRP card as the identity document for the UK Immigration: ID check app, they will be issued with an eVisa only and will not receive a fresh BRP.

Under current processes, unless the person is an EEA national, they will not be able to use the UK Immigration: ID check app for their next application. This is because the app requires the applicant to have either a BRP or an EEA passport. Relevant individuals will be required to go to a UKVCAS service point to enrol their biometrics and will be issued with a fresh BRP once the application is approved. We anticipate that UKVI may resolve this issue in the future through allowing passports from a wider range of nationalities to be accepted on the app.

If you have any queries about the issues covered in this article, please contact a member of our Immigration Team.

 

Type: Inbrief

Related Item(s): Immigration

Author(s)/Speaker(s): Supinder Singh Sian, Andrew Osborne, Margaret Smith, Kathryn Denyer,

Individuals who hold a UK Visas and Immigration (UKVI) account need to maintain the details recorded in it. In this article we outline some tips for when to review and update the information to minimise the chance of delays at the border and to ensure access to the account is not disrupted.

Text:

A UKVI account is made available to individuals who have made a successful application to the EU Settlement scheme or for a visa using the UK Immigration: ID Check app. The account allows them to view their immigration permission online and share the details with third parties such as employers, landlords and education institutions. The account is also used by Border Force when passengers arrive in the UK. Delays can be encountered at the border where, for example, the UKVI account has not been updated to include the passport the individual wishes to enter on.

There are two apps the Home Office uses that lead to a UKVI account being created or updated. For the EU Settlement Scheme this is the EU Exit: ID Document Check app and for other eligible applications this is the Using the ‘UK Immigration: ID Check’ app.  

Tip 1: Following the approval of new immigration permission, update the details on the UKVI account straight away

To initially verify an applicant’s identity on either of the apps, they will need to have a biometric EEA passport, or their most recently issued biometric residence permit (BRP) or biometric residence card (BRC).

If a BRP or BRC number is used to set up the UKVI account, once the immigration permission has been approved, the individual should update their log in document details as their BRP or BRC will no longer be valid.

A visa national will receive a new BRP or BRC showing their new immigration permission. Once received, they should log in to their UKVI account and enter the details of their new BRP or BRC. They should also include their passport information and can choose whether to make the passport their identity document for logging into the account.

A non-visa national will be granted an eVisa, and will not have a further physical BRP or BRC issued. They should update their account to show their passport as the log in identity document.

These changes can be made at Update your UK Visas and Immigration account details – GOV.UK.

Tip 2: Return a superseded BRP or BRC to the Home Office

Once any new immigration permission has been granted, any BRP or BRC previously held will become invalid and should be returned to the Home Office. To do this, the BRP or BRC will need to be cut into quarters and posted in a windowless plain envelope to the address detailed in the Home Office application approval email. Failure to return the document can lead to a penalty of up to £1,000 becoming payable.

Tip 3: Know what details need to be maintained or can be added to the UKVI account and keep the information up-to-date

All individuals who have a UKVI account are under an obligation to keep their profiles up-to-date.

Key pieces of information which must be kept up-to-date include:

• Mobile phone number;
• Email address (it is preferable to use a personal email address that is accessed regularly);
• Name;
• Identity document; and
• UK address.

It is not however possible to change the identity document or name details if the individual has an outstanding immigration application with UKVI.

The UKVI account also can be updated to:

• Correct an incorrect date of birth;
• Add an additional nationality;
• Add an extra identity document (e.g. passport, national ID and/or current BRP or BRC);
• Change a photo (e.g. following a change of appearance that makes the individual no longer resemble the image on the account);
• Grant another person access to the individual’s visa applications (e.g. if that person is assisting to apply for a future immigration application); and
• Give another person ownership of the account if it was previously set up on their behalf.

As well as updating the UKVI account, if any of the information contained on a BRP or BRC changes, a replacement document should also be applied for.

Once received, the details of the new BRP or BRC should be updated on the UKVI account.

As it can be easy to forget to update the details on the UKVI account, it may be helpful to schedule periodic reminders to log into the account and check whether the details are still correct and if anything needs updating or adding.

Tip 4: Double-check that the details in the UKVI account are up-to-date before making a further application for UK immigration permission

This will help to ensure that any communications from the Home Office are received and that multiple UKVI accounts are not created. This can happen if a different identity document is used for a new application.

Tip 5: Be aware that being eligible to use the app for one application does not necessarily mean it can then be used for all further applications

If a non-visa national makes an in-country visa application using a BRP card as the identity document for the UK Immigration: ID check app, they will be issued with an eVisa only and will not receive a fresh BRP.

Under current processes, unless the person is an EEA national, they will not be able to use the UK Immigration: ID check app for their next application. This is because the app requires the applicant to have either a BRP or an EEA passport. Relevant individuals will be required to go to a UKVCAS service point to enrol their biometrics and will be issued with a fresh BRP once the application is approved. We anticipate that UKVI may resolve this issue in the future through allowing passports from a wider range of nationalities to be accepted on the app.

If you have any queries about the issues covered in this article, please contact a member of our Immigration Team.

 

Type: Inbrief

Related Item(s): Immigration

Author(s)/Speaker(s): Supinder Singh Sian, Andrew Osborne, Margaret Smith, Kathryn Denyer,