What are the options for employees who want to remain in the UK under Ukraine schemes? Alexander Finch, senior attorney at Vanessa Ganguin Immigration Law examines the issue of uncertainty for refugee workers from the war-torn country.
Donald Trump said that he would end the conflict in Ukraine from day one of being president. Many Ukrainian workers will want to know if their immigration status is secure in the UK, regardless of whether this promise is kept or the conflict continues.
The full-scale Russian invasion of Ukraine, in February 2022, triggered the largest refugee crisis Europe has seen since World War II. The UK government responded by implementing visa schemes for Ukrainians who sought refuge. As of 10 December 2016, 266,900 Ukrainians had been granted temporary permission to work.
According to a study conducted by the Social Market Foundation in 2010, one out of five employers recruited employees through Ukraine protection schemes.
How much time do Ukrainians still have under the scheme?
Soon after the Russian invasion, the Homes for Ukraine and Ukraine Family Schemes were introduced. Both schemes allowed for the right to work and live in the UK but only up to three years. The first visas issued under this scheme will expire at the beginning of 2025. The Ukraine Family Scheme ended in February, and the Home for Ukraine Scheme was only open to British or Irish citizens and those who were settled in the UK. This prevented most Ukrainians sponsoring their compatriots. In May, the initial Ukraine Extension Scheme was closed to most applicants.
To allay fears of those who were about to lose their temporary status in the UK, the UK government announced that it would extend the stay of Ukrainians by 18 months starting early 2025. In November, the details of a new Ukraine Permission Extension Scheme was announced. Applications will be open from 4 February 2025. Changes also confirm that time spent in UK under Ukraine schemes can’t be used towards the qualifying period of a long-term residence application.
The schemes never intended to be a way to settle in the UK. In agreement with the Ukrainian government, the UK government maintains that it will continue to offer sanctuary in the near future. However, in the long term Ukrainians should return to help in recovery efforts.
Does this mean Ukrainian employees will not be able to secure a permanent route in the UK? Not necessarily. Employers can help people who are in the UK under the scheme to change to UK immigration pathways to settle. Here are the main paths they can take to ensure their future in the UK. All of them give them the right to work.
Sponsorship for Skilled Workers
A Ukrainian who is working in a position that meets the required skill level and salary, and whose employer is willing and able to sponsor him, may be eligible to apply for an Skilled Worker Visa. An employer must first obtain a Skilled Worker Sponsor licence. After five years, those on the Skilled Worker Visa can apply for settlement (though the time spent in the UK as part of Ukraine schemes does not count).
Sponsors must pay the Immigration Skills Charge (PS364 for small businesses and charities; PS1,000 for medium/large firms). The Immigration Health Surcharge is another cost that employers are expected to bear, although some clauses may claw back the costs if employees leave.
Employers must pay the minimum salary of PS38700 or the current rate for the position to sponsor a skilled worker. There are discounts if the employee has a PhD or is a recent entrant.
The English language requirement is B1 CEF for speaking, listening and reading.
Families of British Citizens/Permanent Residents
Ukrainians can apply for a visa for their family if they are in a relationship with a British, Irish, or British citizen who has settled in the UK or is entitled to the EU Settlement Scheme. This must be a relationship that was formed after the 31st December 2020.
The minimum annual income is PS29,000. The income of the sponsor or their spouse, if they are both Ukrainians living in the UK on the Ukraine visa scheme, can be used to meet the minimum requirement. Cash savings can be used instead of income to meet the PS29,000 minimum income requirement.
The English language requirement for speaking and listening is Level A1 of the CEFR. After five years, those on family visas may be eligible for settlement (though the time spent in the UK as part of the Ukraine schemes does not count).
Families of EEA citizens
EEA citizens with EU Settlement Scheme status may sponsor their family members if the relationship was established before the 31st December 2020. The Ukrainian national can settle under the EU Settlement Scheme if he or she has lived in the UK for five years. Time already spent in the UK could be counted towards the five year requirement. No English language requirement exists.
Global talent
Global Talent visa is available to adults who have exceptional talent in science, engineering, humanities or social sciences, medicine, digital technologies, arts and culture, or digital technology. The endorsement of an industry body, such as Tech Nation, British Fashion Council, or the Royal Society is usually required. Global Talent is the route that leads to settlement for the 14,000 people who qualify each year (though time spent in UK under Ukraine schemes does not count).
Other, less frequently used sponsored or unsponsored work visas can also be used for a five year route to settlement. Those on work visas are able to bring their dependents along with them, except for care workers who have Health and Care Visas.
Other, less commonly used visas can also lead to settlement. Families can join care workers on Health and Care Visas.
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