Детально об изменениях в Украинских Схемах

[British Lawyer]

19 February 2024

Important UK Immigration News and Updates from the Legal Centre
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>>> Closure and changes of the Ukrainian Schemes

See Statement of changes to the Immigration Rules: HC 556, 19 February 2024 - GOV.UK (www.gov.uk)

Namely:

The following changes take effect at 15:00 GMT today, 19 February 2024, in a departure from the convention that changes to the Immigration Rules should be laid in Parliament for at least 21 days before coming into effect.

Closure of Ukraine Family Scheme

A significant change is the closure of the Ukraine Family Scheme. Any applications made before 15:00 GMT today will be considered under the rules in force on 18 February 2024. After that time, the route will be removed from the Rules and closed to new applicants.
With regard to the short timeframe for implementing this change, the Explanatory Memorandum states:

“11.2 The Government considers this departure from the convention to be justified and proportionate in order to maintain the orderly operation of the immigration system.   
11.3 It is anticipated that closure of the UFS route to new applicants and changes to the HFU scheme with 21-days’ notice, or less, could trigger a misplaced surge in applications, involving a substantial increase in application levels in advance of the deadline in order to benefit from the current provisions, which is arguably unnecessary because the Homes for Ukraine Sponsorship Scheme remains open for applications from most of the Ukrainian applicants and sponsors of the Ukraine Family Scheme.   
…
11.5 It is considered that closure of the UFS affects only a small proportion of potentially eligible individuals, such as those third country nationals who are not immediate family members or who are not accompanying or joining a Ukrainian national in the UK. This is in line with the HFU eligibility requirements for third country nationals being limited to those who are immediate family members of Ukrainian nationals who hold permission under the Ukraine scheme.”

Suitability Requirements for remaining Ukraine Schemes

With regard to the remaining changes to the Homes for Ukraine Sponsorship Scheme, the transitional provisions are clear that:

“where the applicant submits a Homes for Ukraine Sponsorship Scheme application under UKR 19.B.1. (or is an adult relative named in Section 6 of the UK Sponsorship arrangement consent form, applying at the same time as such an applicant), and their sponsor had submitted the sponsor application form ‘Apply to provide a safe home for a child from Ukraine’, requesting permission from the local authority to host the child before 1500GMT on 19 February 2024, if the sponsor is approved under UKR 11.3(b), whether before or after 1500GMT on 19 February 2024, the rules in force on 18 February 2024 will apply.”
The list of potential grounds for refusal under the Homes for Ukraine Sponsorship Scheme (in UKR 12.1) and the Ukraine Extension Scheme (UKR 22.1) have been expanded. For both routes, the list is now as follows, with the grounds added today in bold:

“(a) 9.2.1 to 9.2.2 (exclusion or deportation orders); or
(b) 9.3.1 to 9.3.2 (non-conducive); or
(c) 9.4.1 to 9.4.5 (criminality); or
(d) 9.5.1 to 9.5.2 (exclusion from asylum or humanitarian protection); or
(e) 9.6.1 to 9.6.2 (involvement in sham marriage or sham civil partnership); or
(f) 9.7.1 to 9.7.3 (false representations and deception); or

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(g) 9.8.1 to 9.8.8. (previous breach of immigration laws); or 
(h) 9.9.1 to 9.9.2 (failure to provide required information) 

--

(i) 9.10.1 to 9.10.2 (admissibility to the Common Travel Area or other countries); or
(j) 9.14.1 to 9.20.2 and 9.23.1 to 9.24.1 (grounds for refusal and cancellation on arrival).”

**** Duration of grant under Homes for Ukraine Sponsorship Scheme ***

The maximum period of leave that will be granted under the Homes for Ukraine Sponsorship Scheme, will be halved. The period of permission granted under UKR 20.1 will be shortened from 36 months to 18 months.

With regard to the short timeframe for implementing this change, the Explanatory Memorandum states:

“11.4 There is a risk associated with the changes being made to HFU – because of the change to the period of permission grant from 36 months to 18 months, there is a risk that during the 21-day period application numbers would surge and overwhelm the system. The Ukraine Extension Scheme remains open to eligible applicants applying from within the UK, until 16 May 2024. Ukrainians are also able to use other existing routes to come to the UK outside of the Ukraine Schemes. It is therefore considered that most Ukrainians will continue to be able to seek sanctuary in the UK through the Homes for Ukraine Sponsorship Scheme or apply under other immigration routes for which they are eligible.”
Miscellaneous changes to Ukraine Schemes
There are several less significant changes being made to Appendix Ukraine Scheme:

•    The specified form for entry clearance applications under the Homes for Ukraine Sponsorship Scheme will be “Homes for Ukraine Sponsorship Scheme”, not “Ukraine Scheme”.
•    Reference to “Homes for Ukraine Scheme” will be changed to “Homes for Ukraine Sponsorship Scheme” in various places throughout the Appendix.
•    Re-drafting of the provisions on varying permission to stay in UKR 11.3A, which appears to be a tidying exercise with no policy ramifications.
•    Clarification that the relationship requirement for a family member under the Homes for Ukraine Sponsorship Scheme requires the applicant to be an immediate family member of a Ukrainian national who, not just qualifies under the Homes for Ukraine Sponsorship Scheme, but who ‘has been granted under or is applying under and qualifies’ under the scheme.
•    Clarification that a non-Ukrainian parent must be the parent of a Ukrainian national child who is under 18 ‘at the date of application’.
•    Clarification that parental consent for a child applying can be from a legal guardian, as an alternative to being from a parent.
•    Minor drafting tweak to UKR 19.A.1 to clarify that it is an applicant applying to join a parent or legal guardian ‘in’ the UK, rather than ‘to’ the UK.
•    Clarification that notary authorities for the purpose of consent in UKR 19B.1(b), for a child outside the UK and applying without their parent or legal guardian, means authorities ‘in the country the applicant is residing in’. ‘Ukrainian consul’ in that paragraph is replaced with ‘Ukrainian consulate or embassy’.
The remaining changes will take effect on 11 March 2024.