Ukrainians who are already living in the UK will be able to apply under a new immigration scheme which will allow them to remain in Britain for three years in light of the war in their country, the government has said.
The Ukraine extension scheme, announced by the Home Office on Tuesday, will allow Ukrainian nationals and their partners or children who had leave to remain in the UK on 18 March 2022, or whose right to remain has expired since 1 January 2022, to apply to extend their stay.
Lawyers and charities have welcomed the move, but said it was “limited” due to “unnecessary red tape” which still excludes some Ukrainians in need of protection and prevents those who are granted the visa to bring their relatives to the UK.
Immigration lawyer Simon Cox said that by limiting the eligibility criteria for the scheme to those whose leave to remain expired after 1 January or who had leave to remain before 18 March was “essentially inviting Ukrainians who fall outside this criteria to apply for asylum”.
“Why are that group expected to apply for asylum and others granted 36 months of leave to remain? It doesn’t make sense to add more people to the asylum queue,” he said.
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“They should be offering all Ukrainians – except those where there’s a security threat – 36 months leave to remain if they want it.”
Mr Cox added that the scheme also fails to allow people who are granted three years the right to bring family members who have fled Ukraine to the UK.
“It’s a step in the right direction […] but the red tape in the Home Office is still inserting unnecessary and problematic limits that don’t serve any apparent policy purpose,” he said.
Another concern is that the new rules for the scheme will not come into effect until 3 May, which experts say is too long for people to wait without status.
Jon Featonby, refugee and asylum policy manager at the British Red Cross, said the scheme was “another example of a complex system being put in the way of the safety and security that is desperately needed”.
He continued: “Whilst we welcome the Ukraine extension scheme, it’s not clear why Ukrainians can’t apply to the scheme until 3 May.
“This delay means that, for example, those people who originally came to the UK to work temporarily won’t be able to access vital support from local authorities for another five weeks.
“That’s why all Ukrainians already in the UK need a quick and immediate way to get secure leave, and visa requirements should be waived so that people who want to can get here easily.”
Mr Featonby said it was also “deeply disappointing” that even after people have extended their leave, they won’t be able to bring family members who are still in Ukraine to join them in the UK.
Graham O’Neill, of the Scottish Refugee Council, said: “We welcome that the UK government have introduced a third programme to start giving some parity of status to thousands of Ukrainians already in the UK.
“But, inexplicably and wrongly, they do not appear to have entitlement to bring any family into the UK to safety, not their siblings, their parents or even their children. We urge the UK government to clarify and fill this gap.”
It comes after the UK government introduced two other schemes to help Ukrainians in recent weeks – one that enables refugees to join relatives in Britain and one that allows them to be hosted by members of the British public.
The announcement of the new scheme comes as the UNHCR, the UN’s refugee agency, called on the government to extend family reunion rights to all Ukrainians in the UK.
Larry Bottinick, acting UNHCR representative to the UK, said the organisation was aware of seasonal agricultural workers who left their partners and children behind during the winter thinking they would only be separated for a few months.
“They are now unable to go home, but also unable to be bring their loved ones to safety in the UK. At such a distressing time for Ukrainians, it is important that the government takes all necessary steps to ensure that those seeking to be reunited with their families can do so,” he added.
The government has been approached for comment.
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