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03 March 2022
Categories: Legal News , International
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LNB news: Home Secretary announces 'Ukrainian family scheme' and 'humanitarian sponsorship pathway'

The Home Secretary, Priti Patel MP, has given two speeches on successive days to the House of Commons announcing what she called the first and second phases of a bespoke humanitarian route for the people of Ukraine
Lexis®Library update: The first speech (on the first phase), on 28 February 2022, noted that initial Home Office efforts have focused on immediate family members of British nationals resident in Ukraine, who have been applying through a temporary location in Lviv or through visa application centres in Poland, Moldova, Romania, and Hungary. Since 17 February 2022, a government guidance page has confirmed that these applications have been free. A concession, which appeared in writing on 27 February 2022, has provided that where family members of British nationals do not meet 'the usual eligibility criteria' in the Immigration Rules, Appendix FM, eg in relation to the minimum income requirement or English language test, but do pass security checks, they will be granted permission to enter the UK outside the Immigration Rules. The statement now confirms that such leave will be granted for 12 months and that the Home Office is prioritising all applications. At the time of writing, the current guidance still limits the types of family member to those covered by the Immigration Rules, Appendix FM (ie will not include most adult dependant relatives, or siblings, of the sponsor).

These are termed ‘immediate family members’ and include the following family members of the British/settled sponsor:

• spouse or civil partner

• unmarried partner (where they have been living together in a relationship for at least 2 years)

• parent of a child under the age of 18

• child under the age of 18

• an adult relative who the sponsor provides care for who lives with them due to a medical condition

The first speech confirms the extension of the concession on eligibility requirements to Ukrainian family members of British citizens not resident in Ukraine, and of persons settled in the UK. It says that this extension will lead to 'an additional 100,000 Ukrainians [being] able to seek sanctuary in the UK with access to work and public services'. Further concessions that had also been published were made in relation to Ukrainian citizens already in the UK, including extending permission for certain temporary workers until the end of 2022, and allowing those with permission as a visitor to switch into other routes, such as work and family routes. In contradiction to the current published guidance, the Home Secretary's first statement seems to now confirm that such switching applications will be free of charge.

The speech also confirmed that the government does not wish to waive the visa requirement for Ukrainian citizens, as it considers that the biometrics and checks visa application process are necessary for national security (noting, for example concerns that Russian troops are infiltrating Ukrainian forces).

In her second speech, on 1 March 2022, the Home Secretary outlined further measures, termed 'Phase two', as follows:

• extending the free 12-month initial permission route to further types of family member of British citizens/persons settled in the UK, and thereby creating a new 'Ukrainian Family Scheme'. The route will now also include parents, grandparents, adult children, and siblings. A further news announcement of the same day linked to this speech also confirmed that these ‘extended family members’ will also be able to bring their immediate family members with them. The speech also confirmed that persons granted leave on this basis will be able to work and access public funds. In order to apply under this route, applicants will need to first call the Home Office's 24 hour helpline (0300 3032785), and to go to a Visa Application Centre in a neighbouring country to submit their biometrics

• establishing a 'humanitarian sponsorship pathway', which will be a new 12 month initial permission route for 'Ukrainians who may not have family ties with the UK but who are able to match with individuals, charities, businesses and community groups'. This will also allow work and access to public funds. There will be no numerical limit to this new scheme, and the Home Office will work with international partners on the ground to process displaced individuals. The Secretary of State for Levelling Up and devolved administrations will be involved in matching volunteer sponsors with individuals/families.

Sources:

Home Secretary's topical statement on Ukraine

Home Secretary statement on humanitarian support for Ukrainians

Further support for Ukrainians fleeing Russia invasion

This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 2 March 2022 and is published with permission. Further information can be found at: https://www.lexisnexis.co.uk/

Categories: Legal News , International
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