When Russia attacked Ukraine, and the war started in 2022, the then government of the UK reacted with a Homes for Ukraines Scheme, to help offer sanctuary to Ukrainian nationals fleeing the violence. Some of the first people who came over on that scheme have now been in the UK for three years, with children going to school here, making new friends and their parent or parents building up a new life. The present Government has just extended the scheme under which Ukrainians can stay here, but refuses to consider them for Settled Status (Indefinite Leave to Remain) once they will have been here five years.
Leave to remain is due to expire for many
Campaigners had been hopeful that Ukrainian nationals facing an uncertain future could have been granted right to apply for Indefinite Leave to Remain in the United Kingdom once they have resided in the country for five years or more, as is the case with EU passport holders, but these hopes have recently been thwarted when the Government responded to a petition started by Mrs Schehtman, who wants any extension of Ukrainians right to stay in the UK to be automatic (presently they have to apply for 18 months extra), and for those who might want that to be granted the right to apply for Indefinite Leave to Remain, like EU passport holders can.
The UK Government pointed out that ‘UK’s support for Ukraine remains steadfast, and together with the United Kingdom’s partners and allies, the country and the Government stand in solidarity with Ukraine and condemn the Russian government’s unprovoked and premeditated war’. However, interested readers will see very clearly that the United Kingdom Government failed to say anything about giving Ukrainian nationals Indefinite Leave to Remain if they have fled Ukraine due to Russia’s illegal invasion and destruction of the sovereign country of Ukraine, even if they remained in the UK for half a decade.
Instead, the UK Government said, ‘The Government strongly believes Ukraine will be safe again and we will continue to support the Ukrainian government for as long as it is necessary in its efforts against Putin’. They also said that the country’s ‘offer of sanctuary…remains temporary in nature and does not lead to settlement in the United Kingdom’. The authorities claim that ‘this recognises the Ukrainian government’s strong desire for the future return of its citizens to help rebuild Ukraine when it is safe to do so’.
The Government is proud of the help already given
The UK Government through the medium of the Home Office claimed it is ‘proud that the British people have shown incredible generosity to, and solidarity with, the Ukrainian people by opening their homes to those seeking sanctuary’. The authorities sought to quantify the numbers by observing that ‘to date, the UK has offered or extended sanctuary to over 300,000 Ukrainians and their families’.
What is Indefinite Leave to Remain?
Campaigners want Ukrainian nationals who have fled their homeland because of Russia’s unlawful invasion of their country and have resided in the United Kingdom for five years to have the right to apply for Indefinite Leave to Remain (ILR). But, what is it and how can a person achieve it? The UK Government defines this as how you settle in the United Kingdom and it is also known as settlement. It is an immigration status that provides the right to:
- Work
- Live
- Study; and
- Apply for benefits’.
The Government also observes that Indefinite Leave to Remain could be seen as a stepping stone towards British Citizenship.
Is the United Kingdom helping Ukrainian nationals?
In 2022, the United Kingdom under the leadership of Prime Minister Boris Johnson established three schemes to assist Ukrainian nationals caught up in the turmoil following the unlawful invasion of the sovereign nation state. These were the:
- Homes for Ukraine Scheme
- Ukraine Family Scheme; and
- Ukraine Extension Scheme.
These initiatives ‘granted Ukrainian nationals protection and rights for three years’.
The Homes for Ukraine Scheme
The Homes for Ukraine Scheme was set out by the then Home Secretary in Parliament on 1 March 2022 and ‘was launched in mid-March by the Secretary of State responsible for Levelling Up, Housing, and Communities in an initiative which became known as the Homes for Ukraine Sponsorship Scheme ‘allowing Ukrainian nationals and their relatives an option if they want to come to the United Kingdom’.
It does not appear to have been an open door to anybody to arrive in the United Kingdom from Ukraine as it was conditional on the Ukrainian citizen providing evidence that they ‘have an approved sponsor’ and ‘if they have ‘someone willing to provide’ them with a roof over their head. Under the Homes for Ukraine Scheme a person in the United Kingdom could ‘freely give accommodation and provide a route to temporary sanctuary for Ukrainian nationals and members of their immediate family group’ for a minimum time period of six months. The scheme was also conditional upon ‘sponsors being British or Irish citizens or being settled in the United Kingdom’. The latter is defined as having the right to live permanently in the United Kingdom’.
If accepted under the Homes for Ukraine Scheme Ukrainian nationals ‘are able to live and work in the United Kingdom for up to three years or one year and a half, if the application was submitted on 19 February 2024’. The Ukrainian citizen can also access:
- Healthcare
- Benefits
- Employment support
- Education, and
- English language tuition.
The United Kingdom Government in its response to Mrs Schetman’s petition confirmed that ‘the Homes for Ukraine Scheme will also remain available and free of charge for any Ukrainians who wish to make a new application to come to the UK. Applications must be sponsored by someone who is British, Irish or settled in the UK’.
The Ukraine Family Scheme
The Ukraine Family Scheme was established by the authorities in late March 2022. It was designed for Ukrainian nationals to join family members already present in the United Kingdom. It also provided the option for ‘extending their stay in the country’. If a Ukrainian national was allowed to stay in the United Kingdom under the Scheme the person was allowed to:
- work
- study,
- live, and
- access public funds
This entitlement was to last three years.
The Ukraine Family Scheme lasted for less than two years before it was closed to new applications on 19 February 2024.
The Ukraine Extension Scheme
The Ukraine Extension Scheme was founded in early May 2022. Its objective was to support ‘Ukrainian nationals or their family members and are living in the United Kingdom with existing permission on one of the other two Schemes’ as set out above. If their applications are successful Ukrainian nationals can keep residing in the United Kingdom for ‘up to an additional 18 months’.
In its response to Mr Schetman’s petiton the UK Government confirmed that the extension Scheme is staying. The Home Office said, ‘Ukrainians who are in the UK under the Ukraine schemes will be able to apply for further permission to remain in the UK through a bespoke Ukraine Permission Extension (UPE) scheme’. It elaborated on this by claiming that this is a ‘new route, which opened on 4 February 2025 before the first visas began expiring, will provide up to an additional 18 months’ permission for those eligible, ensuring Ukrainians in the United Kingdom can continue to move into independent living and secure rental agreements and employment contracts’.
Not an extension of an existing visa
The Government denied that the Extension Scheme is an ‘extension of a Ukrainian person’s existing permission’ and to further underline it they said ‘this is a new grant of permission’. They gave the example of ‘those currently in the United Kingdom with permission under the Homes for Ukraine Scheme will have Ukraine Permission Extension Scheme permission’ if their ‘application is successful’.The Government confirmed ‘Ukrainian nationals will not have time added to their existing Homes for Ukraine Visa’, rather this will be a new visa..
The administration claimed that ‘automatically extending existing permission would also mean automatically providing further permission to a person who has now left the UK and is no longer in need of temporary sanctuary in the UK’. The United Kingdom Government said it had carried out reviews of the Schemes to ensure they:
- remain on a consistent footing going forward,
- protect the integrity of the schemes; and
- align with the wider immigration system.
Soothing sounds but a tight time table
The United Kingdom Government sought to reassure those Ukrainian nationals currently on the Schemes by saying ‘they will continue to receive the same rights and entitlements as the existing Ukraine schemes provide’.
The Government confirmed that ‘Ukrainian nationals who want to continue their stay will be able to apply for the Ukrainian Permission Extension Scheme within 28 days of their current Ukrainian scheme’s permission expiring’. They claim that this ‘will allow sufficient time:
- to prioritize applications from ‘Ukrainian nationals with soon to expire permissions’
- for operational planning
- to provide biometric enrolment capacity, and
- deliver the most efficient service for those Ukrainian nationals who want to apply’.
The UK administration advised Ukrainian nationals, provided an application is made prior to the date of expiry of existing permission, the applicant will continue to benefit from ongoing permission in the United Kingdom (and associated access to benefits and services’, as set out above in this article). They added in terms of time limits this will be ‘until a decision is made on their UPE application’.
The Home Office emphasised the ambition of making the UK’s support for Ukrainian nationals short-term by claiming, ‘our (the UK’s) offer of sanctuary through the Ukraine schemes remains temporary in nature and does not lead to settlement in the UK. This recognises the Ukrainian government’s strong desire for the future return of its citizens to help rebuild Ukraine when it is safe to do so. It is important our approach respects these wishes’.
Extensions decisions to be made speedily
The UK administration said they ‘expected decisions to usually be made within 40 days of biometrics being provided or document upload for customers using the AUK app’. It clarified and sought to reassure affected people by advising ‘this is the greatest length of time we anticipate a non-complex application to take to process, not the average’. They did not comment on the time expected for the more complex cases to take.
If a Ukrainian national is in the position of their visa having expired prior to a decision being made, what will happen? If this happens the UK Government made clear that their ‘current permission will continue under section 3c leave, along with their rights and entitlements’. Why is this? The administration advised ‘the purpose of this is to prevent a person who makes an in-time application to extend their leave from becoming an overstayer while they are awaiting a decision on that application’.
Whilst the UK Government did not want to give Ukrainian nationals caught up in this terrible situation ILR in the United Kingdom after five years, it did signpost them in the direction of ‘other visa routes’ which are ‘available to those wishing to settle permanently in the UK, provided they meet the eligibility criteria of those routes’. They reiterated that the ‘Ukraine schemes will be kept under consistent review in line with developments in the ongoing war’.
What can I do?
The petition asking the government to allow Ukrainiands the right to apply for Indefinite Leave to Remain has not ended yet. There is still time to show the UK Government your feelings on this point and your support for Ukranian people. However, it has only received 12,658 signatures at the time of writing and will need over 100,000 to force Parliament to hold a debate.
By supporting the campaign with a signature, you can help the campaigners trying to make ILR for Ukraininans a possibility. However, the Government’s response is very telling of the direction of travel for the campaign and Ukraine nationals who have resided in the United Kingdom for five years under the Schemes will not be receiving Indefinite Leave to Remain any time soon under current Government plans.
Another thing you could do is to contact your MP directly and ask them to look into this matter.
