What options do employees in the UK on Ukraine schemes have if they want to stay on in the long-term? Alexander Finch, senior associate at Vanessa Ganguin Immigration Law, examines looks at the issue of certainty for refugee employees from the war torn country.
Donald Trump has said he will end the conflict in Ukraine on day one of his presidency. Whether this promise is fulfilled or the war drags on, many Ukrainian employees will be seeking certainty over their immigration status in the UK.
Russia’s full-scale invasion of Ukraine in February 2022 precipitated Europe’s largest refugee crisis since the second world war. The UK government responded with visa schemes for Ukrainians seeking sanctuary that, as of 10 December, have granted 266,900 Ukrainians temporary permission with a right to work.
Many employers will have recruited people on Ukraine protection schemes – as many as one in five, according to research by the Social Market Foundation last year.
How long do Ukrainians have left under the schemes?
The Homes for Ukraine scheme and the Ukraine Family Scheme were launched soon after the Russian invasion. Both afforded the right to live and work in the UK, but only for a maximum period of three years. This meant that the first visas granted in this scheme are due to expire in early 2025. The Ukraine Family Scheme closed last February and eligible sponsors for the Home for Ukraine Scheme were limited to British and Irish citizens or those settled in the UK, preventing most Ukrainians from sponsoring compatriots. An initial Ukraine Extension Scheme for those already in the UK also closed for most applications in May.
Visas and overseas workers
Businesses must develop domestic talent pipelines
Care firms granted sponsor licences despite labour violations
In February 2024, to allay the fears of those coming to the end of their temporary status, the government confirmed it would allow Ukrainians in the UK to extend by a further 18 months from early 2025. Details of the new Ukraine Permission Extension Scheme were announced in November. Applications will open on 4 February 2025. The changes also confirmed that time spent in the UK under Ukraine schemes cannot be used toward the qualifying period for a long residence application.
The schemes were never meant to provide a route to settlement in the UK. The position of the UK government – in agreement with its Ukrainian counterpart – is that it is continuing to provide sanctuary for the immediate future, but in the longer term Ukrainians are expected to ultimately return and help recovery efforts.
Does this mean that Ukrainians employees are prevented from the security of a long-term route to stay in the UK? Not necessarily. People in the UK on the schemes are permitted to switch to UK immigration paths to settlement – which employers can support them with. Below are the main routes they may switch to in order to secure their future in the UK, all of which give the right to work in the UK.
Skilled Worker (work sponsorship)
If a Ukrainian will be working in a role which meets the skill level and salary requirements, and an employer is willing to sponsor them, they may be able to apply for a Skilled Worker visa. The employer will first need a Skilled Worker sponsor licence. Those on the Skilled Worker visa can qualify for settlement after five years (though time spent in the UK under Ukraine schemes cannot count).
The sponsor must bear the cost of the immigration skills charge (£364 per year for small companies and charities, £1,000 per year for medium/large companies). There are other costs including the Immigration Health Surcharge, which the Home Office expects employers to shoulder, though some have clawback clauses in case employees leave.
To sponsor a Skilled Worker, employers must usually pay at least the general salary threshold of £38,700, or the going rate for the role, whichever is higher. (There are certain discounts, if for example, the employee is a new entrant or has a relevant PhD).
There is an English language requirement which is set at B1 CEFR in speaking, listening, reading and writing.
Family members of British citizens/permanent residents
Ukrainians may apply for a family visa if they have a spouse or durable partner who is a British or Irish citizen, settled in the UK, or has status under the EU Settlement Scheme in a relationship formed after 31 December 2020.
There is a minimum income requirement of £29,000 a year. If the sponsor is a settled person and their spouse is a Ukrainian national living in the UK under the Ukraine visa schemes, the income of either party (or both) may be relied upon in reaching the minimum income requirement. If instead of relying upon income, cash savings are used, the £29,000 income requirement translates to savings of £88,500.
The English language requirement is set at Level A1 CEFR in speaking and listening. Those on family visas can qualify for settlement after five years (though time spent in the UK under the Ukraine schemes cannot count).
Family members of EEA nationals
EEA nationals with status under the EU Settlement Scheme may sponsor family members, providing the relationship was formed before 31 December 2020. In such a case, the Ukrainian national will be able to settle under the EU Settlement Scheme after five years living in the UK and time already spent living in the UK can potentially be used towards the five-year requirement. There is no English language requirement.
Global talent
Adults who can demonstrate exceptional talent or promise in the fields of science, engineering, humanities, social science, medicine, digital technology or arts and culture may qualify for the Global Talent visa. This generally requires endorsement by an industry body such as the Royal Society, British Fashion Council or Tech Nation. For the 14,000 a year who qualify, the Global Talent route leads to settlement after five years (though again, time spent in the UK under the Ukraine schemes cannot count).
There are other, more rarely used sponsored and unsponsored work visas that can be used too for a five-year route to settlement. Apart from care workers on Health and Care visas, those on work visas can have dependent family members join them on their route to settlement.
There are other, more rarely used work visas, most of which potentially lead to settlement. Apart fromcare workers on Health and Care visas, dependant family members can usually join.
Latest HR job opportunities on Personnel Today
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
Browse more human resources jobs
