Guidance

Ukraine Scheme (accessible)

Updated 19 February 2024

Version 6.0

About this guidance

This guidance tells decision makers and caseworkers how to decide applications for entry clearance or permission to stay on the Ukraine Family Scheme (UFS) submitted before 3pm on 19 February 2024 and the closure of the Ukraine Family Scheme to new applications on 19 February 2024.

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.

If you notice any issues in the application of this guidance, please escalate these to your line manager or senior caseworker who can email the Family policy team as needed.

Publication

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

• version 6.0

• published for Home Office staff on 19 February 2024

Changes from last version of this guidance

Changes from the last version of this guidance include:

• changes to highlight that the Scheme closed to new applications on 19 February 2024

• changes to remove requirement to contact applicant if they have not used the specified application form for the Ukraine Family Scheme

• changes to clarify who was eligible to apply under the Ukraine Family Scheme

• change adding instructions for decision makers handling applications submitted before 3pm on 19 February 2024

• clarification on appeals and administrative review under the scheme

Purpose

This section tells you about use of this guidance in considering a person’s right to enter or stay in the UK under the Ukraine Family Scheme on the basis of their relationship with a British citizen, a person who has settled status or a person who has another relevant permission to stay in the UK.

Use of this guidance

This guidance must be used when considering applications that were submitted under the Ukraine Family Scheme before 3pm on 19 February 2024.

Other information about this guidance

Within this guidance there are links to the Migration & 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

Following the statement made by the Home Secretary to Parliament on 1 March 2022, the Ukraine Family Scheme was introduced to allow Ukrainians (and non- Ukrainian nationals who form part of a family group (meaning a group of people as set in UKR 6.2.) which includes an immediate family member of the UK-based sponsor who is a Ukrainian national who would qualify under the scheme (whether or not applying at the same time as the applicant).) who were ordinarily resident in Ukraine immediately before 1 January 2022 and who have family members in the UK, to apply under the scheme to come to the UK.

The scheme was designed primarily for applicants overseas, but Ukrainians and their family members who were in the UK with permission, or who had permission immediately before 1 January 2022 which has since expired, and who met the other requirements, are also able to apply to stay under the scheme.

The Ukraine Family Scheme was included in the Immigration Rules laid on 29 March 2022 (which came into force on 30 March 2022) and is one of the 3 Ukraine Schemes in Appendix Ukraine Scheme.

People arriving under this scheme will be able to:

• live and work in the UK for up to three years

• access healthcare, benefits, employment support, education, and English language tuition

The Ukraine Family Scheme closed on 19 February 2024. Applications submitted after 3pm on 19 February 2024 will not be considered. Applications submitted before 3pm on 19 February 2024 will continue to be considered in accordance with this guidance.

The Ukraine Schemes have been consolidated in order to simplify the offer for Ukrainians coming to the UK. From the 19 February 2024, if they are outside of the UK, Ukrainian nationals who were eligible to apply for the UFS may instead qualify under the Homes for Ukraine Sponsorship Scheme when they find an approved sponsor.

From 19 February 2024 sponsors of new applications under the Homes for Ukraine scheme (HFU) must be British or Irish Citizens or be “settled in the UK” (which means having the right to live in the UK permanently).

Ukrainian nationals who are in the UK with permission may also be eligible to apply under the Ukraine Extension Scheme introduced on 3 May 2022. The scheme enables Ukrainian nationals and their close family members already in the UK with permission by 16 November 2023 (see Ukraine Extension Scheme) or have previously held immigration permission to be in the UK which expired or ended on or after 1 January 2022 to apply for permission to stay in the UK. Those who are eligible to apply will have until 16 May 2024 to submit an application under the Ukraine Extension Scheme.

Supporting evidence

The requirements are to establish identity and nationality, residence in Ukraine immediately before 1 January 2022 and the relationship of the applicant to their UK- based sponsor, or to an eligible extended family member of the UK-based sponsor. It is the responsibility of the applicant and their sponsor to provide sufficient evidence to prove their identity and nationality, and that they meet the requirements of the scheme.

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.

The burden of proof is on the applicant to demonstrate they qualify under the Ukraine Family Scheme. The standard of proof is the balance of probabilities (that it is more likely than not) the applicant meets all requirements based on the evidence provided.

You must be satisfied that any documents, evidence or information the applicant provides in support of their application is correct, valid or genuine. If you have concerns over the validity of any documentation or evidence provided you must refer the application to an entry clearance manager (ECM) or senior caseworker (SCW).

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 ECM/SCW before doing so. The guidance on Evidential flexibility (internal link) applies here, and sets out the methods of contact, and period of time to be afforded to applicants.

Applications on multiple systems

When considering an application, you must check all available systems for previous applications and to ensure that applications made as part of a group are decided at the same time for consistency of approach. If working on an application made on AUK1 (Proviso system), you must check Atlas and ensure that CRS checks have been completed. If working on an application made on AUK2 (Atlas system), you must check that CRS checks have been completed. Case notes should identify all checks completed.

Duplicate/multiple applications

Where a customer has applied for both the Ukraine Family Scheme and Homes for Ukraine Sponsorship (HFU) Scheme or they submit duplicate applications under the same scheme you should only consider the most recent application, unless there is any evidence to indicate this is not the applicant’s preference.

Any older applications should be withdrawn and the customer notified using the relevant withdrawal letter.

When assessing an application under the Homes for Ukraine Sponsorship Scheme you must refer to the Homes for Ukraine Sponsorship Scheme caseworker guidance (internal link).

Any Ukraine Family Scheme applications submitted before 3pm on 19 February 2024 can be assessed under this guidance.

Where the most recent application does not meet the requirements of the rules, you must refuse the application in line with the relevant rules for the scheme that they have applied for in their most recent application. You must not refuse an application under both schemes.

Validity requirements

The validity requirements for all applications under the Ukraine Family Scheme are:

• the application must have been submitted by 3pm on 19 February 2024

• use of the specified application form

• the applicant must have provided any required biometrics

• the applicant must have provided a passport or other document which satisfactorily established their identity and nationality

Applications that are processed on Atlas which are invalid must be withdrawn in line with the relevant guidance. Case notes should identify the reason or reasons why the application is invalid. Caseworkers must attach the withdrawal letter to the case record.

Where an application is assessed on Proviso, instead of a validity/rejection function, use ‘Withdrawn.’

Specified application form

The Immigration Rules set out that an application under the Ukraine Family Scheme must be made on the ‘Ukraine Scheme’ application form and submitted by 3pm on 19 February 2024

Fees and Immigration Health Surcharge

The 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 a fee or the IHS.

Biometrics and proof of identity

In all cases, you must satisfactorily establish the applicant’s identity and nationality.

Biometrics

In most circumstances, applicants in-country and overseas are required to give their biometrics when they make an immigration application. There are limited exceptions from the requirement to enrol biometrics which are set out in the published policy: Biometric information - enrolment.

Prior to 7 December 2023, there were 3 application pathways for the Ukraine schemes, each of which present different biometric requirements: ‘UK Immigration: ID check’ app, Biometric Deferral, and visa application centre (VAC). From 7 December 2023, new applicants to the schemes will no longer be able to apply using the ‘UK Immigration: ID check’ app or defer their biometrics before traveling to the UK. Therefore, all new applicants will be required to attend a VAC to give their biometrics prior to the consideration of their application. Applications submitted before 7 December 2023 will be processed on the pathway used to apply.

UK Immigration: ID check’ app

Applicants applying using the UK Government: ID Check app were required to provide facial biometrics using the app. There was no requirement for applicants to provide fingerprint biometrics as part of this process. Only Ukrainian nationals with valid international passports could use the app to apply to the Ukraine schemes.

Biometric deferral

Between 15 March 2022 and 7 December 2023, a Ukrainian national with a valid international passport was able to apply online for a Ukraine scheme visa without the need to enrol their biometrics until after their arrival in the UK. As part of the application process they were required to upload a scanned copy of the photograph page of their valid Ukrainian international passport. If they were applying with a Ukrainian international passport which has had the validity formally extended with a stamp from the Ukrainian government, they were required to also upload a copy of the page containing the stamp.

These individuals, if they met the validity, eligibility and suitability requirements for the scheme, were provided with a letter confirming they can travel to the UK before giving biometrics. This ‘permission to travel’ letter issued by the Home Office must be presented to a Border Force Officer on arrival to the UK and, in most cases, Border Force will then grant the person leave outside the rules (LOTR) for 6 months on Code 1A (permission to work, study and access public funds). To complete their visa application (which will be varied to an application for permission to stay) they must enrol their biometrics. See Immigration information for Ukrainians: next steps after arriving in the UK (accessible version) - GOV.UK (www.gov.uk)’Permission to travel’ letters must not be issued to non-Ukrainian nationals or Ukrainian nationals who have not provided the relevant page of their Ukrainian international passport.

Visa Application Centre

From 7 December 2023, all new overseas applicants are required to attend a visa application centre (VAC) to give their biometrics. For applicants aged 5 years or over, this will be their fingerprints and a facial image. Applicants who are under 5 are not required to provide their fingerprints but must still provide a live scan facial image as a biometric.

Children with details endorsed on a parent’s passport, or those without a valid Ukrainian passport, must make a separate application and attend a VAC to submit their biometrics before you consider their application.

Entry clearance applications made from within the UK

Applicants for entry clearance must be outside the UK on the date of the application. If you identify that an entry clearance application was made while the applicant was in the UK you must refer the application to an ECM/SCW.

Applications where the applicant has entered the UK prior to a decision on their entry clearance application

It is not possible to issue entry clearance to a person who is in the UK. If you identify that an application under the Ukraine Family Scheme was submitted by 3pm on 19 February 2024 while the applicant was overseas and they have subsequently travelled to the UK before their visa was issued, you must refer the application to an ECM/SCW.

Applicant’s identity and nationality documentation

The best evidence of identity and nationality that applicants on the Ukraine Family 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 that contains a facial image that clearly resembles the holder

• 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.

No adequate documentation

Supporting evidenceThe 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. 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 (internal link).

If the validity requirements are not met, you must refer the case to an Entry Clearance Manager (ECM) or Senior Caseworker (SCW). If they agree the validity requirements are not met on a permission to stay application you must reject the application..

Where a customer has submitted an application under the biometric deferral process and has not submitted a scan of a Ukraine passport valid for international travel you must write out to give them an initial 14 calendar days either to upload a scan of their passport, or to book a VAC appointment.

If they do not do this within 14 days, you must send a reminder giving them another 14 days to comply.

If, after two 14 day periods, the customer has not done as requested, or contacted you to explain why they cannot provide a passport scan or go to a VAC you must reject the application as invalid.

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

The sponsor must also provide evidence of identity and nationality but this is not a validity requirement: see sponsor identification evidence.

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

Suitability requirements

In accordance with paragraph UKR 2.1 of Appendix Ukraine to the Immigration Rules, only the following grounds for refusal under Part 9 of the Immigration Rules must be considered when assessing applications under the Ukraine Family Scheme submitted by 3pm on 19 February 2024.

• exclusion and deportation (paragraph 9.2.1 - 9.2.2)

• non conducive to the public good (paragraph 9.3.1 - 9.3.2)

• criminality grounds (sentence over 12 months, persistent offender or serious harm) (paragraph 9.4.1 - 9.4.2)

• criminality grounds (less than 12 months or non-custodial) (paragraph 9.4.3 - 9.4.5)

• exclusion from asylum or humanitarian protection grounds (paragraph 9.5.1 - 9.5.2)

• sham marriage (paragraph 9.6.1 - 9.6.2)

• false representations (paragraph 9.7.1 - 9.7.3)

• admissibility to the Common Travel Area (paragraph 9.10.1 - 9.10.2)

• no entry clearance grounds (refusal only and not cancellation) (paragraph 9.14.1)

• failure to produce recognised passport or travel document (port refusals) (paragraph 9.15.1 - 9.15.3)

• medical (port refusals on medical grounds) (paragraph 9.16.1 - 9.16.2)

• consent for child to travel (port refusal only) (paragraph 9.17.1)

• returning resident (port refusal only) (paragraph 9.18.1)

• customs breaches (paragraph 9.19.1 - 9.19.2)

• change of circumstances (paragraph 9.20.1 - 9.20.2)

• ceasing to meet the requirements of the Rules (paragraph 9.23.1)

• dependant grounds (paragraph 9.24.1)

Grounds in Part 9 that could normally lead to refusal on suitability grounds which do not apply to the Ukraine Family Scheme are as follows:

• previous breach of immigration laws (paragraph 9.8.1)

• failure to provide required information (paragraph 9.9.1)

• debt to the NHS (paragraph 9.11.1)

• unpaid litigation costs (paragraph 9.12.1)

• purpose not covered by the Immigration Rules (paragraph 9.13.1)

• rough sleeping (paragraph 9.21.1)

• crew members (paragraph 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.

See the current guidance on Part 9 on refusal on suitability grounds (internal link).

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 representations and evidence

If you are satisfied false representations were made, you must consider whether the applications should or must be refused. This is covered in the Refusing an application section of this guidance.

Eligibility requirements

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

• if applying to come to the UK, meet the entry requirements and have been ordinarily resident in Ukraine immediately before 1 January 2022 (including those who have now left Ukraine), unless they are a child born on or after that date

• if applying for permission to stay in the UK, be in the UK with permission (or had permission immediately before 1 January 2022 which has since expired) but permission as a visitor granted after 18 March 2022 does not count as permission for the purpose of this requirement (As set in UKR 5.2)

• be an eligible family member of a UK-based sponsor

• be Ukrainian, or if not a Ukrainian national, part of a family group (meaning a group of people as set in UKR 6.2.) which includes an immediate family member of the UK-based sponsor who is a Ukrainian national who would qualify under the scheme (whether or not applying at the same time as the applicant) - for example, a Moldovan child of a Ukrainian national who is the partner of a British Citizen would be eligible.

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 Family Scheme, you should consider contacting the applicant or their sponsor to give them an opportunity to provide further evidence or explanation.

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 (internal link).

Entry requirements

A person seeking to come to the UK under the Ukraine Family Scheme must have submitted an application by 3pm on 19 February 2024 and applied for entry clearance before arrival. Those who arrive in the UK without the correct entry clearance (except those who applied for an entry clearance and were provided with a “permission to travel” letter before they received a decision on their application) but who otherwise meet the requirements for the Ukraine Family Scheme may be considered for a grant of leave outside the rules (LOTR) for 6 months. If granted andif they held permission to be in the UK before 16 November 2023 or they held permission to enter or stay, on or before 1 January 2022 but that permission has since expired. they may be eligible to apply for the Ukraine Extension Scheme. See guidance: Ukraine Extension Scheme (internal link).

Those who applied for entry clearance and were provided with a “permission to travel” letter before they received a decision on their application will be granted LOTR for 6 months on arrival and will have to apply to enrol their biometrics at which point their application may be varied to an application for permission to stay under the Ukraine Family Scheme.

Tuberculosis (TB) Testing

There is no TB requirement for the Ukraine Family Scheme. It has been agreed to waive the TB requirement for applicants to the Ukraine scheme. The UK Health Security Agency has confirmed it is content for us to waive the TB requirement for Ukrainians in view of the low risk from Ukraine and the current conflict.

Ordinarily resident in Ukraine

To qualify for entry clearance under the Ukraine Family Scheme a person must have been ordinarily resident in Ukraine immediately before 1 January 2022 unless they are a child born or adopted on or after that date.

The ordinary residence requirement does not apply to a person applying for permission to stay who is already present in the UK with permission, or who had permission in the UK immediately before 1 January 2022 which has since expired.

Relationship requirement

To be eligible under the Ukraine Family Scheme the applicant must be an eligible family member of a UK-based sponsor, who is resident in the UK (although the sponsor does not have to be physically present in the UK at the date of application), unless they are a British citizen who is travelling to the UK with the family group.

UK-based sponsor

The UK-based sponsor must be one of the following:

• a British citizen

• a person who is settled in the UK (including those with settled status under the EU Settlement Scheme (EUSS))

• a person in the UK with limited permission as a refugee or granted humanitarian protection

• a European Economic Area (EEA) national in the UK with limited leave to enter or remain granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of that Appendix (that is with pre-settled status granted under the EU Settlement Scheme on the basis they were resident in the UK before 2300 GMT on 31 December 2020)

The UK-based sponsor must provide evidence of their identity and nationality and that they meet the immigration requirement:

• British citizen sponsors are asked to provide a copy of the biodata page of their British passport, which may include a recently expired passport that has not been replaced - if this is not submitted, or you wish to verify authenticity refer to an ECM/SCW

• non-EEA nationals can provide a copy of the front and back of their biometric residence card (BRC) if they hold one

• Irish citizens can provide a copy of the biodata page of their Irish passport, which may include a recently expired passport that has not been replaced, or a scan of both sides of their passport card

• holders of other forms of immigration permission can provide a copy of both sides of their biometric residence permit (BRP), or other evidence of their permission where this was granted before BRPs were issued, such as a wet ink stamp or vignette in a passport

• holders of eVisas, such as holders of EU Settlement Scheme leave, can provide the ‘something else’ purpose share code, which starts with an ‘S’, alongside their date of birth - the share code can be generated using the View and prove your immigration status and remains valid for up to 90 days from the date it was generated - alternatively, they can provide a copy of their ‘Written notification of leave’ which was sent to them when their application was granted

• a valid photo driving licence issued by the UK, Ireland or one of the Crown Dependencies along with a UK, Crown Dependency or Irish birth or adoption certificate with matching biographical details

• a Home Office reference number (so a check can take place on our systems)

In circumstances where an applicant has been unable to provide evidence of their sponsor’s status in the UK, you should check Home Office systems to confirm whether there is a record of the sponsor’s status. If you are unable to locate the sponsor on any available system, you should consider the application with the information available.

Qualifying applicants

To be eligible under the Ukraine Family Scheme the applicant must be a family member in one of the following relationships and, if the applicant is not Ukrainian, at least one of the immediate family members under (a) must be a Ukrainian national as in UKR 7.1.:

• immediate family (at least one of whom must be Ukrainian as in paragraph UKR 6.1 of the rules), which includes a:

  • partner of the UK-based sponsor

  • child aged under 18 on the date of application of the UK-based sponsor or of the UK based sponsor’s partner

  • parent of a child aged under 18 on the date of application who is the child of the UK-based sponsor

  • fiancé(e) or proposed civil partner of the UK-based sponsor

• extended family, which includes a:

  • parent of a UK-based sponsor, or of the UK-based sponsor’s partner (where the sponsor or partner is aged 18 or over on the date of application)

  • parent of the UK-based sponsor’s child or of the UK-based sponsor’s partner’s child (where the child is under 18 on the date of application)

  • grandparent of the UK-based sponsor or of the UK-based sponsor’s partner

  • grandchild of the UK-based sponsor or of or of the UK-based sponsor’s partner

  • sibling of the UK-based sponsor or of the UK-based sponsor’s partner

  • adult child aged 18 or over on the date of application of the UK-based sponsor or of the UK-based sponsor’s partner

  • aunt or uncle of the UK-based sponsor

  • cousin of the UK-based sponsor

  • niece or nephew of the UK-based sponsor

• immediate family of an extended family member, which includes a:

  • partner of an extended family member

  • child aged under 18 on the date of application of an extended family member

  • parent of a child aged under 18 on the date of application who is the extended family member

  • fiancé or fiancée or proposed civil partner of an extended family member

Relationship definitions

Partner

A partner includes a spouse, civil partner or an unmarried partner in a durable relationship similar to marriage or civil partnership of at least 2 years.

Applicants who are applying as a partner must meet the relationship requirements set out in Appendix Relationship with Partner The relationship should be considered in accordance See: Relationship with partner (internal link), specifically the applicant and the sponsor must:

• be aged 18 or over at the date of application

• show that their marriage or civil partnership is valid

• the partners must not be so closely related that they would to be prohibited from marriage or civil partnership in the UK

• show that any previous relationship has broken down

• the partners must not be in a polygamous or polyandrous marriage or civil partnership (unless an exception applies).

• where partners are unmarried and not in a civil partnership, they must have been in a relationship similar to marriage or civil partnership for at least 2 years

• the partners must have met in person and

• the relationship must be genuine and subsisting

• intend to live together permanently in the UK

A partner relationship must have commenced or existed on or before 1 January 2022.

Parent

A parent (defined at paragraph UKR6.2 of the Immigration Rules) includes(beyond biological parents) stepfather where the father is dead, stepmother where the mother is dead, father of an illegitimate child where the person is proved to be the father, an adoptive parent where the child was legally adopted in a country where we recognise adoption orders or where a de facto adoption otherwise meets the requirements in the rules and, where the child was born in the UK, a person with parental responsibility on the ground that the parents are unable to care for the child. For the purposes of the Ukraine Family Scheme a parent includes step-parent even if both biological parents are still alive.

Grandparent

A grandparent (defined at paragraph UKR6.2 of the Immigration Rules) includes grandparents of the UK-based sponsor by blood and by reason of an adoption recognised by the laws of the UK relating to adoption.

Sibling

A sibling (defined at paragraph 6.2 of the Immigration Rules) means the UK-based sponsor’s or their partner’s biological, adopted or step-brothers and sisters. Where the relationship is of sibling by marriage, the ‘in-law’ relationship must be to the UK- based sponsor.

Aunt and uncle

An aunt or uncle (defined at paragraph UKR6.2 of the Immigration Rules) means biological and step aunt/uncle of the UK-based sponsor. This is the brother or sister (or step-brother/sister) of either of the UK-based sponsor’s parents, and the partner of the uncle or aunt.

Cousin

A cousin (defined at paragraph UKR6.2 of the Immigration Rules) means the biological, adopted or step-child of the UK-based sponsor’s aunt or uncle.

Niece and nephew

A niece or nephew (defined at paragraph UKR6.2 of the Immigration Rules) means the biological or step-child of the UK based sponsor’s sibling, adopted sibling or step sibling.

Foster child

If an application is made for a foster child, please refer to an ECM/SCW for further consideration.

Evidence of relationship

Applicants should provide evidence of their claimed 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 full birth or adoption certificate for a parent or child. In the absence of such evidence an applicant must be asked 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 caseworkers have discretion to take into account the circumstances of the application and any reasonable explanation for a lack of evidence. See Supporting evidence.

You can also find additional guidance on acceptable evidence of relationships in the Family Reunion guidance (internal link).

Relationships not covered by the scheme

Applications received by applicants who do not meet the relationship requirements may be refused. However, you have discretion to consider applications from other family members where the relationship is evidenced and there are exceptional reasons to do so. You should take a pragmatic approach and consider the applicant’s circumstances as well as what meaningful connection the applicant has to their immediate family group applying under the scheme and their sponsor. A case may be exceptional where, for example, the decision to refuse would mean separating an individual who has been living with members of the family group and who has not formed an independent life. An applicant should provide evidence of their situation where possible, and all decisions should be made on a case-by-case basis.

Nationality and mixed families

Applicants to the scheme must be Ukrainian nationals unless they are an eligible family member who is part of a family group where at least one of the UK-based sponsor’s immediate family members is a Ukrainian national and who would qualify under the scheme (whether or not the immediate family member has applied or is applying at the same time as the applicant).

For example, a Ukrainian national resident in the UK would be able to sponsor their Indian partner with their Ukrainian child and both the partner and child (unless born on or after 1 January 2022) were ordinarily resident in Ukraine immediately before 1 January 2022.

Where a Ukrainian national resident in the UK is the sponsor and none of their immediate family members are Ukrainian (for example the partner and child are both Indian) but are ordinarily resident in Ukraine, they do not qualify under the Ukraine Family Scheme and you should consider the application with the information available.

Other non-Ukrainian nationals

Unless they meet the relationship requirements set out above non-Ukrainian nationals who are or were ordinarily resident in Ukraine who have family members in the UK do not qualify under the scheme. For example, a Nigerian national who was studying in Ukraine, and has family members who are in the UK, even if the family members are British or settled, would not qualify under the Ukraine Family Scheme.

Individuals who wish to join family members who are British or settled in the UK may be eligible to apply to enter the UK under the family Immigration Rules.

Additional considerations relating to children

Where a child is applying for permission to stay on the Ukraine Family Scheme 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. Where a child overseas is applying for entry clearance, the statutory duty in section 55 of the 2009 Act does not apply; however, you must adhere to the spirit of the duty. There may be particular concerns for a child when applying independently under the scheme to join a UK based sponsor. If you have any safeguarding concerns regarding children applying for the Ukraine Schemes,please refer to an ECM or SCW, or your safeguarding lead.

Where an applicant is under 18 on the date of application and they are not travelling with a parent to the UK, or joining a parent already in the UK, 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, the living and care arrangements in the UK and, in entry clearance cases, the applicant’s travel arrangements.

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 entry clearance or 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.

Safeguarding and vulnerable persons

Where you have safeguarding concerns for a child or vulnerable adult applying under the scheme, you must consider undertaking background checks on the UK based sponsor.

For example, where a child is unaccompanied this might be an indicator that the child could be at risk of exploitation and you must consider making further enquiries. Where possible, you should contact the child’s parent or parents to confirm if they are aware that the child is travelling unaccompanied and if they consent to it. If the child is mature enough to express their views, those views should be sought.

A person of any age or circumstances may be at risk of being trafficked into the UK. There may be other scenarios that are of concern to caseworkers. If in doubt, you must seek advice from an ECM or SCW, or your safeguarding lead.

You should not conduct Police National Computer (PNC) checks routinely on sponsors and should undertake them only where you have genuine safeguarding concerns.

Granting entry clearance

You must grant the same endorsement, conditions, and duration both for applicants who used the deferred biometrics process, and those who gave biometrics at a VAC.

Applicants should be given permission to stay for a total of 36 months under the Ukraine Scheme. As in UKR 10.1 (b) If an applicant has been granted leave under the Ukraine Extension Scheme, but then applied for the Ukraine Family Scheme, the total amount of leave granted under the Ukraine Schemes should not exceed 36 months.

They must be given code 1A which denotes that the applicant will have access to public funds. Work is permitted and study is permitted subject to the Academic Technology Approval Scheme (ATAS).

The Ukraine Family Scheme was initially established as a concession to the Immigration Rules. Until the Immigration Rules came into effect on the 30 March 2022 caseworkers used:

• main endorsement: Ukraine Scheme - LOTR

After the Immigration Rules came into effect on the 30 March 2022 you must select from the below:

• main endorsement: choose the appropriate endorsement from the following:

  • Ukraine Scheme – Partner (this would include spouse, partner, civil partner, fiance(e), proposed civil partner)

  • Ukraine Scheme – Child (under 18 biological child)

  • Ukraine Scheme – Parent

  • Ukraine Scheme – Dependent Relative (this would include the extended family members adult children, parents, grandparents, adult siblings, aunts, uncles)

  • Ukraine Scheme – Other (this would include where family members do not meet the definition under the rules and have been granted due to exceptional circumstances)

• Cat D endorsement: Code 1A – Work is permitted; study permitted subject to the Academic Technology Approval Scheme (ATAS)

• additional endorsement: Initial and family name of UK based sponsor duration: 36 months (3 years)

Applicants using the deferred biometrics process

If the application was made prior to 7 December 2023, issue a permission to travel letter which the applicant will present to a carrier to enable them to board transport to the UK. They will also present it at the UK primary arrivals control to a Border Force officer. If satisfied to grant permission to enter, the Border Force officer will grant 6 months permission to enter outside the rules. The permission to travel letter will advise the applicant how to give biometrics and apply to regularise their stay once in the UK.

Issuing a deferred biometrics application on Proviso

If you are issuing a permission to travel letter you must ensure that the BRP box is unchecked, to avoid creating a system error. You must exit the case and then re- enter to save the change.

Granting permission to stay

The conditions of grant are code 1A, which means access to work, study and public funds.

The correct template for a grant of permission to stay is:

• UKR_grant IC BRP (if AUK1 application)

• UKR_grant_IC BRP & DS (if AUK2 application)

Refusing an application

If an applicant does not meet the requirements of the Ukraine Family Scheme, and it is not appropriate to apply discretion, you must refuse the application.

Appeals and administrative review

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

If an applicant asks to challenge a decision to refuse their application, they should be advised to apply again for free under the Ukraine Family Scheme (if before 3pm on 19 February 2024) or if they have an approved sponsor and they are outside of the UK they can submit a free application to the HFU Scheme. There are no restrictions on the number of times a person can apply to the Homes for Ukraine 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 on its merits, noting any changes to the original or previous applications. If nothing has changed and the application falls to be refused, you must still write a full notice of refusal and must not simply refuse on the grounds that there has been no change in the applicant’s circumstances.

If an applicant for entry clearance or 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 or the application form.

The Crown Dependencies

Jersey, Guernsey and The Isle of Man make up the Crown Dependencies (CDs). They are not part of the UK but are self-governing dependencies of the Crown.

Guernsey and the Isle of Man offer a Homes for Ukraine scheme. Jersey only offers a Ukraine family scheme.

Individuals applying to go to the CDs use the same application form as those applying under the UK’s Ukraine Family Scheme and if granted, they will be issued with the same duration and conditions of stay.

Following the closure of the UK’s Ukraine Family Scheme, individuals who wish to apply under Jersey’s Ukraine Family Scheme must also apply using the ‘Ukraine Sponsorship Scheme’ application form.

You must not make a decision on applications to the Crown Dependencies. The application must be referred to the relevant CD for a decision.

Identifying Crown Dependency applications

You can identify a Crown Dependency application by checking the Ukraine Scheme application form for the sponsor’s address. Postcodes in the CDs are in the same format as for the UK:

• Isle of Man postcodes begin with ‘IM’

• Guernsey postcodes begin with ‘GY’

• Jersey postcodes begin with ‘JE’

Referral

You must refer all applications to the CDs using the standard referral form.

The Common Travel Area (CTA) guidance (internal version) contains contact details for the CDs. Applications where a sponsor’s address is not in the UK or Crown Dependencies as described above should be refused.

Granting entry clearance

The CDs immigration department will make a decision on the application. If they authorise you to issue a visa, do as follows:

Deferred biometrics applications (submitted prior to 7 December 2023)

• Main endorsement: Ukraine Scheme LOTR

• Cat D endorsement: Code 1A (Work permitted)

• Duration: 6 months

• Biometric Residence Permit visa: No

• Destination: UNITED KINGDOM

• Permission to Travel (PTT) letter: Yes (you must issue the standard PTT letter and the CD will advise applicants separately on processes to follow once in their jurisdiction)

Biometrics enrolled applications

• Main endorsement: Ukraine Scheme LOTR

• Cat D endorsement: Code 1A (Work permitted)

• Duration: 3 years (36 months)

• BRP visa: No

• Destination: UNITED KINGDOM

• Permission to Travel (PTT) letter: No

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