UK visa concessions for Ukrainian nationals and family members

28 February 2022

As the Russian invasion of Ukraine intensifies, and the number of people fleeing Ukraine grows, EU countries have been opening their borders and relaxing their entry requirements for displaced Ukrainian residents. The UK has also introduced a number of concessions to the Immigration Rules, but has come under criticism from Conservative and opposition party MPs for not going far enough. In this article, we set out the concessions as they stand at the time of publication.

Concessions for family members of British nationals
Non-British nationals can apply for a family migration visa for free if they are the family member of a British national who usually lives in Ukraine. Their British national family member must be one of the following:

  • a spouse or civil partner;
  • an unmarried partner (they must have been cohabiting in a relationship for at least 2 years);
  • their parent if they are under the age of 18;
  • their child under the age of 18; or
  • an adult relative they provide care for who lives with them due to a medical condition.

Currently, the concessions do not allow Ukrainian adult dependent relatives to apply for a family migration visa, only British adult dependent relatives. However, there have been calls on the government to relax the Immigration Rules further (see below), so this point is subject to change.

Applicants must contact UKVI before making their application (see contact details below) in order to get confirmation that they are eligible for the family migration visa as well as the details of the free application process.

Having received confirmation from UKVI that they are eligible, applicants are required to book an appointment at a UK Visa Application Centre (VAC) to provide their biometric information. The VAC in Kyiv is now closed. Applicants are therefore required to visit the temporary centre in the Lemberg Business Centre in Lviv or to visit a VAC in a neighbouring country, such as Poland, Romania, Hungary or Moldova. UKVI said it aims to process applications within 24 hours of an applicant submitting their biometrics at the VAC.

Concessions for Ukrainians nationals
The Home Office has introduced temporary concessions to the Immigration Rules which apply to Ukrainian nationals only (and their dependent partners and children).

Switching concessions
The switching rules for main applicants and/or their dependents have been waived for the following routes:

  • Adult Dependent Relative
  • Child Student
  • Family Life as a parent
  • Family life with a partner
  • Global Talent
  • Innovator
  • International Sportsperson
  • Intra-Company routes
  • Investor
  • Parent of a Child Student
  • Representative of an Overseas Business
  • Skilled Worker
  • Start-up
  • Student
  • T2 Minister of Religion
  • Temporary Work routes
  • UK Ancestry

In addition, individuals in the UK on the following routes can apply to extend their permission on the route and/or switch into another immigration route provided they cannot return to Ukraine, meet the requirements of that route, and pay any relevant fees:

  • Visitor – can apply to switch into a points-based route or a family visa route.
  • Skilled Worker – can apply to stay or settle in the UK.
  • Student – can apply to stay or switch to the Graduate route.
  • Seasonal Worker – can extend leave until 31 December 2022.
  • HGV driver – can extend leave until 31 December 2022.
  • Pork Butcher – can extend leave until 31 December 2022.

Individuals on the Seasonal Worker route (including the HGV driver and Pork Butcher routes) do not need to apply for extensions. Instead, the Home Office has said that it will notify individuals if the concession applies to them and work with migrants’ sponsors to progress their visa extensions. Individuals who are granted an extension must continue to work in their Seasonal Worker role for the duration of the extension.

Documentary evidence concession
The documentary evidence required under the Immigration Rules has been relaxed. Where an applicant makes a “reasonable written explanation” about why they cannot provide a document normally required under the rules, the caseworker can waive the requirement to provide such a document. Applicants do not need to supply detailed evidence as to why they cannot produce a particular document.

TB concession
The requirements for a TB test certificate have been temporarily waived.

Criticism of concessions
The government has come under fire for not proving sufficiently generous concessions. Shadow Home Secretary Yvette Cooper labelled the concessions “shameful” whilst a group of 37 Conservative MPs urged the government to “go further” to help Ukrainian refugees in a joint letter to Boris Johnson.

In an interview with the BBC, Secretary of State for Defence of the United Kingdom Ben Wallace said the government would “look at those details from Europe and then we will be able to discuss what comes next in our policy.” It is expected that new concessions will be introduced this week.

Separately, Home Secretary Priti Patel has said that she has confirmed “the first phase of a bespoke humanitarian route for the people of Ukraine”. The details of the route are not yet clear, however, it appears it will only apply to Ukrainians permanently settled in the UK and their family members. She said further announcements will be made in due course.

UKVI contact details
The contact details for UKVI regarding eligibility for the family migration visa are as follows:

  • Telephone + 44 300 3032785 if you’re outside the UK and select option 1.
  • Telephone 0300 3032785 if you’re in the UK and select option 1.

The line is open 24 hours, seven days a week. The number is a free phone number, but network charges may still apply.

Get in touch
To learn more about forthcoming changes to UK immigration law, see our website, contact your assigned LDI lawyer or email enquiries@lauradevine.com.

Miglena Ilieva


Senior Solicitor and PSL Team Manager

Robert Greene


Paralegal


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