Guidance

Ukraine Extension Scheme: caseworker guidance (accessible)

Updated 19 February 2024

Version 5.0

About this guidance

This guidance tells decision makers how to decide applications for permission to stay under the Ukraine Extension Scheme.

Contacts

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Family Policy team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 5.0

• published for Home Office staff on 19 February 2024

Changes from last version of this guidance

Changes have been made to:

• amend the guidance on considering applications under the Ukraine Extension Scheme (UES) which were made under different Ukraine schemes
• makes amendments to the requirements for supporting evidence
• highlights the changes to eligibility for the UES from 16 November 2023 and that applications must be made by 16 May 2024
• removes previous references to extension of eligibility for the scheme
• explains the Common Travel Area (CTA) concession and arrangements for applications post 16 November where the applicant has an appointment
• sets out further guidance on considering applications from children born in the UK

Purpose

This section tells you about use of this guidance in considering a person’s right to stay in the UK under the Ukraine Extension Scheme where they are a Ukrainian national or their close family member is a Ukrainian national, and had immigration permission in the UK on 18 March 2022 (now extended to 16 November 2023 – see Ukraine Extension Scheme concession) or where their immigration permission ended on or after 1 January 2022.

Use of this guidance

This guidance must be used for all decisions made under the Ukraine Extension Scheme.

Other information about this guidance

Within this guidance there are links to the Migration and Borders Guidance platform that are shown as an ‘internal link’. Otherwise links are to the same guidance published on GOV.UK for external access.

Background

On 1 March 2022 the Home Secretary made a statement to Parliament introducing the Ukraine Scheme as a concession allowing Ukrainian nationals and their family members to apply to come to or stay in the UK where they had family in the UK and were resident in Ukraine before 1 January 2022.

On 29 March 2022 the Ukraine Extension Scheme was announced to Parliament, as part of a series of changes to the Immigration Rules and became one of the 3 Ukraine schemes included in Appendix Ukraine Scheme, alongside the Ukraine Family Scheme and the Homes for Ukraine Sponsorship Scheme.

The Ukraine Extension Scheme enables Ukrainian nationals already in the UK with permission by 18 March 2022 (or where they held permission which expired on or after 1 January 2022) to continue their stay in the UK. The scheme began on 3 May 2022. Eligibility for the scheme has now been extended to those who held immigration permission by 16 November 2023.

Applications made under both the Ukraine Extension Scheme and Ukraine Family Scheme

Where the customer applies to both the Ukraine Family Scheme and the Ukraine Extension Scheme, you should consider the more recent application, unless there is any evidence to indicate this is not the applicant’s preference, noting that the Ukraine Family Scheme closed to new applications at 3pm on 19 February 2024. Where the more recent application does not meet the requirements under that scheme, you must go on to consider the application under the alternative scheme.

Assessing an application under the alternative scheme

Assessing an application under the alternative scheme:

1. Review the original application and any supporting evidence and if you are satisfied the application will meet the requirements, or might with additional supporting evidence, you must contact the customer to confirm that they wish to have their application considered in the alternative route.

2. Run security checks on any sponsors where you consider it necessary, in line with existing guidance. You can find further information on how to consider an alternative application in the Ukraine Family Scheme guidance.

Applications made under Homes for Ukraine (HFU) / Ukraine Family Scheme (UFS) light touch

Where the customer applies for HFU/UFS light touch, but does not qualify because they do not have a Permission to Travel (PTT) letter, but they do hold valid permission to stay and would therefore be eligible for UES, you should write to the applicant to confirm if they wish for their application to be varied to the appropriate UES scheme, using the template letter with supplementary questions.

You should still consider the responses when they come in. If they do not wish to vary, you should consider the application under the scheme that has been applied for.

When an applicant has made a UES application but should have made an application for light touch HFU/UFS you should vary the application. You should contact the applicant to explain that their application for UES has been varied.

Burden and standard of proof

The burden of proof is on the applicant to demonstrate they qualify under the Ukraine Extension Scheme. The standard of proof is the balance of probabilities (such as it is more likely than not) that the applicant meets all requirements. When considering applications, the current situation in Ukraine and the approach to supporting evidence set out below should be taken into account.

If there is insufficient information provided with the application, if it will make a material difference to your decision on the application you must provide the applicant the opportunity to submit missing information or documents. You must agree with your senior caseworker (SCW) before doing so. The guidance on evidential flexibility applies here, and sets out the methods of contact, and period of time to be afforded to applicants. See: Evidential flexibility.

Supporting evidence

There are documentary requirements under the scheme. The requirements for an applicant to establish identity and nationality, demonstrate they meet the relevant residence requirement, have relevant permission in the UK, or to demonstrate they

are an eligible family member, will generally need to be met by documentary evidence. However, due to the particular circumstances in Ukraine, a more flexible approach should be applied when assessing an application.

You must be mindful of the difficulties that people may face in providing documentary evidence of their identity and relationship or that it is subsisting. Those fleeing conflict zones or dangerous situations may not have time to collect supporting documents and may not realise they would be required, and it would not be reasonable to expect this. Similarly, applicants in the UK may not be able to access documents that are in their home country or relevant institutions that could provide required documentation may not be operating.

Your starting position should be that the applicant has given honest answers in their application, and that you should consider requesting more information only where you have concerns, and only after reference to a senior caseworker (SCW).

The Ukraine Extension Scheme

This section tells you about the main requirements and how to consider applications made under the Ukraine Extension Scheme.

Ukraine Extension Scheme requirements

Applicants must meet the validity, suitability and eligibility requirements of the scheme

Validity requirements

The validity requirements for applications on the Ukraine Extension Scheme are that the applicant must:

• apply online on the specified application form
• have provided any required biometrics
• have provided evidence of their identity and nationality
• be in the UK
• have had permission to enter or stay in the UK on 18 March 2022, unless:
  • they had permission to enter or stay which expired on or after 1 January 2022
  • they are a child born in the UK to a parent who meets the validity requirements for the Ukraine Extension Scheme

Information on each of these requirements is set out below.

The Immigration Rules were amended in September 2022 to extend the eligibility period of the Ukraine Extension scheme. This allows anyone who had permission to enter or stay on or between 18 March 2022 and 16 November 2023 to meet the validity requirements. An application deadline was also introduced. Applicants are eligible to apply for the Ukraine Extension Scheme until 16 May 2024.

Anyone who applies for the UES who has permission granted after 16 November 2023 will not be eligible to apply for the UES and their application should be rejected, unless they arrived before 16 November 2023 and qualify under the Common Travel Area LOTR concession for Ukrainians. They may also be eligible if they are a child born in the UK to parents who qualify under Appendix Ukraine.

Children born in the UK

Children born in the UK to parents who qualify under Appendix Ukraine remain eligible to apply under the Ukraine Extension Scheme after 16 May 2024, as long as their parents hold permission to be in the UK under the Appendix Ukraine at the time of application. See: Relationship requirements.

Specified application form

An application under the Ukraine Extension Scheme must be made on the ‘Ukraine Scheme’ application form.

You have discretion to consider an applicant under the Ukraine Extension Scheme even if they have applied on another form such as under Appendix FM to, or part 7 of, the Immigration Rules. However, you should be mindful that not all eligible applicants will want to apply for leave under the Ukraine Extension Scheme, for example where extending their existing leave maintains a route to settlement, therefore this should only be done where it is apparent from information provided with the application that an applicant intended to apply to, or should be considered under, the Ukraine Extension Scheme, and with the agreement of the applicant.

Such applicants should be contacted for confirmation of the application they want to make.

The variation rules under 34BB apply for those who make an application under the Ukraine Schemes but then make an application under another route. See: Validation, variation, voiding and withdrawal of applications.

If the applicant confirms they wish to be considered under the Ukraine Extension Scheme you should check whether an application on the correct form has been made. If so, and a Ukraine Extension Scheme application is available on Atlas, you can make the correction on the system. If no application has been made on the correct Ukraine Extension Scheme form you should inform the applicant that they will need to apply to vary their application.

Fees and Immigration Health Surcharge

This scheme is free for applicants. They are not required to pay an application fee or the Immigration Health Surcharge (IHS). You must not reject an application for non- payment of the fee or IHS.

Applicants who have applied on another route and paid a fee, but are instead considered under the Ukraine Extension Scheme should have their fee, and any IHS paid, refunded.

Biometrics and identity

In all cases, the applicant must satisfactorily establish their identity and nationality.

Biometrics

Applicants in the UK are, in most circumstances, required to attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point, where they will give their biometrics (there are very limited exceptions from the requirement to enrol biometrics contained in the policy ‘Biometric Information: Introduction’ and the ‘Biometric enrolment: policy guidance’ on biometric enrolment. For example,

amputees are excepted from the requirement to provide fingerprints). For applicants aged 5 years or over, this will be a scan of their fingerprints and a facial image - this is to get a biometric residence permit. Applicants who are under 5 are not required to provide their fingerprints but must still provide a facial image. You must refer to the Biometric information - enrolment guidance - for details of the checks you are required to undertake.

Applicant’s identity and nationality

The best evidence of identity and nationality applicants on the Ukraine Extension Scheme can provide is a valid international passport.

There must be an application and individual travel document, or satisfactory evidence of identity and nationality for each visa applicant including children.

In the absence of a valid passport, the applicant may provide one or more of the following documents as proof of identity and nationality:

• a recently expired passport, so long as the photograph clearly resembles the holder a valid or recently expired Ukrainian National identity card (Passport Card)
• UK issued biometric residence permit or card
• a combination of other official documents, at least one of which has a facial image that clearly resembles the holder, which you are satisfied establishes their identity and nationality, for example a photo driving licence and a birth certificate
• an emergency certificate issued by a Ukrainian authority since March 2022

Acceptable photographic documents are those that are recorded on a document image archive such as Council of the European Union - PRADO or EdisonTD.

If no adequate documentation is submitted

The applicant must satisfy you that their identity and nationality is as stated on their application. Where the applicant does not have any documents which satisfactorily establish identity and nationality, and they have not already done so, you must ask them to provide a reasonable alternative or an explanation why they are not able to provide any documents. The onus is on the applicant to provide a reasonable explanation. If you are satisfied with the reasons given, record this on the caseworking system. You can find additional guidance on acceptable evidence in the Family Reunion guidance. If they are in the UK and are unable to obtain a valid Ukrainian passport they should explain why.

If the validity requirements are not met, you must refer the case to a Senior Caseworker (SCW). If they agree the validity requirements are not met you must reject the application.

If the validity requirements are met, you must move on the consider the applicant’s suitability and eligibility. See Suitability requirements and Eligibility requirements.

Permission to enter or stay on 18 March 2022

To meet the original requirements of the Ukraine Extension Scheme an applicant must have arrived in the UK on or before 18 March 2022 and held permission to enter or stay in the UK on that date. Permission to enter or stay can include permission in categories which do not normally allow switching, such as visitors or seasonal workers. Permission also includes leave outside the Immigration Rules of any period.

Applicants in the UK at any time before 1 January 2022 who have held permission to enter or stay, and whose permission ended after this date may also qualify under the Ukraine Extension Scheme.

Ukraine Extension Scheme Eligibility

In September 2022 the eligibility period of the Ukraine Extension Scheme was extended by a concession to the Immigration Rules to 16 May 2023. The Immigration Rules were updated as part of the changes in October 2022 to reflect this extended eligibility period. A further Immigration Rules change in August 2023 extended the eligibility period. This means that a Ukrainian national who holds permission to enter or stay on or between 18 March 2022 and 16 November 2023 can apply to extend their stay in the UK. The permission does not need to cover the whole period of time.

The Immigration Rules were also updated to reflect the application deadline for the scheme. Applications to the Ukraine Extension Scheme must be made before 16 May 2024.

There is no change to the eligibility of those who held permission to enter or stay in the UK before 1 January 2022, and whose permission ended after this date.

Permission explained

Where a person arrives with an entry clearance, permission to stay is conferred automatically on arrival by that entry clearance. Permission to enter may also be given on arrival by a Border Force officer.

Ukrainian nationals who are eligible for the Ukraine Extension Scheme may have permission under another route in the Immigration Rules. They may also have been given permission outside of the Immigration Rules, for example where they had a valid visit visa but no longer intended to visit the UK.

Permission to stay is the status granted to those already in the UK extending or varying their stay.

Applicants should be able to provide a copy of a biometric resident permit, visa vignette, or a Border Force entry stamp in a passport to demonstrate when they

entered the UK and what immigration permission they have most recently held. If these details are not provided you should check Home Office systems to confirm status.

You should be aware, however, that where an applicant was granted permission to enter at the primary arrivals control at port, they may not be recorded on a Home Office system. However, those who have made an entry clearance application under the Ukraine Family Scheme using the biometric deferral process, and granted 6 months’ leave outside the Rules on arrival, should be.

If no evidence of permission to enter or stay is submitted

Where an applicant is not able to provide their passport showing their date of arrival, you should first check available Home Office systems for records of the validity of any permissions granted. Where this is not available or not apparent, you should contact the applicant to ask for an explanation and request any additional evidence of their date of arrival.

If, after these checks, there is still no evidence of the applicant holding permission to enter or stay in the UK, the application should be referred to a senior caseworker and considered for rejection.

If the validity requirements are met the application can be considered.

Entry through the Common Travel Area

Decision-makers should be aware that some Ukrainian nationals have entered the UK via Ireland and the Common Travel Area (CTA).

On 25 February 2022 Ireland lifted the requirement for Ukrainian nationals to hold a visa prior to travelling, which may have increased the number of people using the CTA to enter the UK.

Those who have not applied to one of the Ukraine schemes prior to travelling, but who have lawfully entered Ireland since the visa requirement has been lifted, are considered for a grant of 6 months’ permission outside the Immigration Rules, with no restrictions on their access to work, benefits and services, by Border Force or Immigration Enforcement. This means they will also be eligible to apply to the Ukraine Extension Scheme to obtain 36-months permission to stay.

Arrivals via the CTA may either:

• have an endorsement in their passport as evidence of being granted 6 months permission Outside the Immigration Rules
• be in possession of a letter from the Home Office (Returns Preparation) granting 6 months’ permission Outside the Immigration Rules

However, some individuals will have not encountered an Immigration Officer to be granted permission to enter and will therefore not have permission. These cases should be referred to a senior caseworker.

Common Travel Area LOTR concession for Ukrainians

There are a small number of customers who arrived into the UK via the common travel area (CTA) prior to 16 November 2023 but who had an appointment at Drumkeen House in Northern Ireland between 17 November 2023 and 5 December 2023 to receive a grant of leave outside the Immigration Rules (LOTR).

These individuals will be eligible to apply under the UES because they had arrived in the UK and arranged an appointment to regularise their stay prior to 16 November 2023, but there was a need to put on additional surgeries to consider their application for LOTR.

Where a customer applies under the UES with a LOTR stamp in their passport dated between 17 November 2023 and 5 December 2023 inclusive, you must check that the customer’s details (passport number and biographics) match Drumkeen House records. If they do not match the records, then the application should be considered for rejection.

Suitability requirements

As per paragraph UKR 22.1. of the Immigration Rules, only the following grounds for refusal under Part 9 of the Immigration Rules should be considered when assessing applications under the Ukraine Extension Scheme:

• exclusion and deportation (paragraph 9.2.1 to 9.2.2)
• non conducive to the public good (paragraph 9.3.1 to 9.3.2)
• criminality grounds (including sentences over 12 months, persistent offending or serious harm as well as sentences less than 12 months or non-custodial) (paragraph 9.4.1 to 9.4.5)
• exclusion from asylum or humanitarian protection grounds (paragraph 9.5.1 to 9.5.2)
• sham marriage or sham civil partnership (paragraph 9.6.1 to 9.6.2)
• false representations and deception (paragraph 9.7.1 to 9.7.3)
• admissibility to the Common Travel Area or other countries (paragraph 9.10.1 to 9.10.2)
• grounds for refusal and cancellation on arrival (paragraphs 9.14.1 to 9.20.2 and 9.23.1 to 9.24.1)

Grounds that could normally lead to refusal on suitability grounds which do not apply to the Ukraine Extension Scheme are as follows:

• previous breach of immigration laws (Part 9 9.8.1-9.8.8)
• failure to provide required information (Part 9 9.9.1-9.9.2)
• debt to the NHS (Part 9 9.11.1)
• unpaid litigation costs (Part 9 9.12.1)
• purpose not covered by the Immigration Rules (paragraph 9.13.1)
• rough sleeping (Part 9 9.21.1-9.21.2)
• crew members (Part 9 9.22.1)

In respect of applications made for permission to stay where the applicant is already in the UK, the applicant does not need to have valid leave on the date of application where any periods of overstaying or immigration bail occurred on or after 1 January 2022. Applications will not be refused where paragraph 39E of the Immigration Rules applies.

Official - sensitive: start of section

The information in this section has been removed as it is restricted for internal Home Office use only.

Official - sensitive: end of section

False documents and evidence

Applicants or sponsors who submit false documents or evidence may have their application refused. This is covered in the grounds for refusal section of this guidance.

Eligibility requirements

In summary, to be eligible for the Ukraine Extension Scheme an applicant must:

• be Ukrainian, or a non-Ukrainian who has or last had permission to be in the UK as the partner or child of a Ukrainian.
• meet the requirements in Appendix Relationship with Partner if applying as a partner, demonstrating that they held permission as the partner of a Ukrainian national (See Relationship requirements)
• provide a full birth certificate if applying as a child born in the UK

Keeping in mind the guidance above on supporting documents, where you are not satisfied the information provided shows an applicant meets the eligibility requirements set out in the Ukraine Extension Scheme, consider contacting the applicant or their sponsor to give them an opportunity to provide further evidence or explanation.

Nationality requirements

Applicants to the Ukraine Extension Scheme must be Ukrainian nationals or the immediate family member of a Ukrainian national to qualify. This means the partner or child of the Ukrainian national where they hold or held permission to enter or stay as the family member of the Ukrainian national on 18 March 2022 (now extended to 16 November 2023) or had such permission immediately before 1 January 2022 and their permission has since expired.

Children of Ukrainian nationals born in the UK to a parent who would qualify under the scheme do not need permission to enter or stay in the UK in order to qualify for the scheme.

Relationship requirements

To be eligible under the Ukraine Extension Scheme a non-Ukrainian national applicant must be an eligible family member of a Ukrainian national.

Eligible family members are limited to:

• a partner
• a child

of a Ukrainian national who has or last had permission to enter or stay in the UK on 18 March 2022 (now extended to 16 November 2023), or

• a child of a Ukrainian national born in the UK to parents who qualify under the scheme

Partners must meet the requirements set out in Appendix Relationship with Partner.

Children born in the UK must provide a full UK birth certificate.

Evidence of relationship

Applicants should provide evidence of their relationship. The best evidence will be an appropriate certificate issued by a relevant authority, for example a marriage or civil partnership certificate for a partner or a birth or adoption certificate for a parent or child. In the absence of such evidence you should ask the applicant to provide any other official and independent evidence to demonstrate the relationship, such as tenancy agreements or joint bank statements. These can include digital versions or copies.

Where an applicant is unable to provide documentary evidence of their claimed relationship you have discretion to take into account the circumstances of the application and any reasonable explanation for a lack of evidence. The starting point should be to accept statements provided with the application unless there is reason to suspect otherwise.

You can find additional guidance on acceptable evidence of relationships in the Family reunion guidance.

Safeguarding and vulnerable persons

You have a duty, under section 55 of the Borders, Citizenship and Immigration Act 2009, to ensure that immigration, asylum, and nationality functions are discharged having regard to the need to safeguard and promote the welfare of children in the UK.

See guidance on Section 55 and safeguarding child welfare.

Where you have safeguarding concerns for a child or vulnerable adult you should refer to a Senior Caseworker for guidance. In addition, advice can be sought from the two safeguarding advisers in the Safeguarding Advice and Children’s Champion’s office.

When making a child referral to a local authority you must, following the local authority child referrals guidance. You should be aware of the differences in legislation and local arrangements across the UK.

Where an applicant is under 18 on the date of application and one parent is in the UK and is applying for the UES, you must take account of the duty in Section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children. There may be particular concerns for a child when applying independently under the scheme.

Written parental consent must be provided from both parents (unless one parent has sole responsibility for the child) or their legal guardian. The consent must confirm the application and the living and care arrangements in the UK.

If it is not possible to obtain parental consent, you may grant the application if you are satisfied that it is reasonable in the circumstances to grant permission. For example, a child may not be able to provide consent from their father who is fighting in the conflict, or the child may have been separated from both parents.

If you have any safeguarding concerns regarding children on Ukraine Extension Scheme applications please refer to a SCW/safeguarding lead for guidance.

Granting permission to stay

You should normally grant permission to stay under the Ukraine Extension Scheme for a period of 36 months, and Atlas will pre-populate the expiry date of leave in line with this.

Applicants are only eligible for a total of 36 months under the Ukraine schemes. Therefore, an individual will not be eligible to extend leave already granted under the Ukraine Family Scheme or Homes for Ukraine Sponsorship Scheme.

However, if the application is from a child born in the UK to a parent who holds permission under the schemes, then permission should be granted in line with the permission of the responsible adult. If the applicants parents hold differing lengths of permission under the Ukraine Schemes, then the child should be granted in line with the parent who’s permission expires last. See: Children born in the UK

The conditions of grant are code 1A, which means access to work, study and public funds, and again Atlas pre-selects that condition.

Upon granting, Atlas will also automatically select the correct notification template.

Refusing an application

If an applicant does not meet the requirements of the Ukraine Extension Scheme, or the Ukraine Family Scheme, and it is not appropriate to apply discretion, you should refuse the application only with the agreement of a SCW.

Refusal templates:

• Refuse main applicant – no immigration adviser
• Refuse main applicant – immigration adviser

If an application is refused, if the applicant has no extant permission to stay in the United Kingdom, you should decide whether it is appropriate to grant immigration bail and set reporting conditions for the applicant.

Appeals and Administrative Review

There is no right of appeal or administrative review against a refusal under the Ukraine Extension Scheme.

If an applicant asks to challenge a decision to refuse their application, they should be advised they can apply again for free under the Ukraine Extension Scheme. There are no restrictions to the number of times a person can apply for either scheme. A new application will ensure a further consideration of the applicant’s eligibility and will allow them to submit any additional evidence which was not submitted in their previous application.

If an applicant makes subsequent applications, you must consider each application afresh, noting any changes to the original or previous applications. If nothing has changed you must still write a full notice of refusal; do not simply refuse on the grounds that there has been no change in the applicant’s circumstances.

If an applicant for permission to stay raises a request for leave outside the rules (LOTR) within their application and they do not meet the requirements for the Ukraine schemes, you should consider if there are any compelling and compassionate circumstances which would warrant a grant of LOTR.

The Ukraine Schemes are not Article 8 or Human Rights (HR) routes.

If an applicant for permission to stay raises HR issues within their application form, you should note that it has been raised in any refusal wording and set out that they will not be subject to any removal action until any HR claim has been considered. If an applicant wishes to be considered solely on HR grounds, they should be invited to make an application using the further leave application form.