Ukraine Permission Extension Scheme Guide UK

The Ukraine Permission Extension Scheme (UPE Scheme) is a critical update for UK employers with Ukrainian nationals in their workforce. Introduced as a transitional measure, the scheme allows eligible Ukrainians and their family members to extend their permission to stay in the UK beyond the initial visa grant under the Ukraine Family Scheme, Homes for Ukraine Scheme, or Ukraine Sponsorship Scheme.

For employers, understanding the UPE Scheme is essential to ensure continued right to work compliance, avoid illegal working penalties, and maintain sponsor licence obligations. With thousands of Ukrainian employees requiring action before their current visa expires, HR teams must be prepared to manage right to work checks, visa extension tracking, and documentation requirements effectively. Employers should ensure they engage with affected employees at least 90 days before visa expiry, with follow-ups at 60 and 30 days, to support timely applications and prevent loss of work rights.

 

Section A: Legal Framework of the Ukraine Permission Extension Scheme

 

The Ukraine Permission Extension Scheme (UPE Scheme) was launched by the UK Government to provide continued security and certainty to Ukrainian nationals and their family members who sought refuge in the UK following Russia’s invasion of Ukraine. The scheme ensures that eligible individuals can extend their stay in the UK without the need to apply under standard immigration routes, such as Skilled Worker or family visas.

 

1. Definition and Purpose of the UPE Scheme

 

The UPE Scheme is a specific immigration route designed to offer a 36-month extension of permission to remain in the UK for Ukrainian nationals and their immediate family members. It provides a streamlined process to maintain lawful immigration status without transitioning to more complex or costly visa routes. This is a non-fee route and aligns with the UK Government’s ongoing humanitarian response.

 

2. Eligibility Criteria for Ukrainian Nationals and Their Family Members

 

The scheme is open to individuals who were previously granted permission under one of the Ukraine Schemes—namely, the Ukraine Family Scheme, Homes for Ukraine Scheme, or Ukraine Sponsorship Scheme. Applicants must still be residing in the UK and have not obtained Indefinite Leave to Remain (ILR) or switched to another immigration category. The scheme is available to both principal applicants and their eligible dependants, provided they meet the residence requirements.

 

3. Interaction with the Ukraine Family Scheme and Homes for Ukraine Scheme

 

The UPE Scheme functions as an extension mechanism for those who originally entered under the temporary Ukraine-specific routes. It does not replace these schemes but serves as a continuation to bridge the gap between the initial three-year visa grants and any future decisions on permanent residency pathways. Employers must be aware that while the UPE Scheme maintains lawful status for Ukrainian employees, it does not confer settlement rights or a direct route to ILR.

 

4. Home Office Guidance and Key Immigration Rules Applicable to the UPE Scheme

 

The Home Office has issued specific guidance outlining the application process, evidential requirements, and compliance expectations for the UPE Scheme. Although the scheme operates outside of the standard Immigration Rules, it imposes obligations on applicants to submit applications online, ensure their biometric data is up to date, and maintain valid documentation. For employers, the core concern lies in verifying the employee’s continued right to work through acceptable documentation and tracking visa expiry dates diligently. Employers should also be aware of potential updates to the scheme or future closure announcements and subscribe to Home Office alerts to stay informed.

 

Summary for Section A – Legal fundamentals of the UPE Scheme that employers must be aware of

 

Employers must understand the purpose and scope of the UPE Scheme, including its eligibility criteria and interaction with other Ukraine visa routes. While the scheme offers a temporary extension of lawful stay, it requires proactive management of right to work documentation to avoid compliance breaches. Staying informed of Home Office updates and ensuring all Ukrainian employees apply for the extension before their current permission expires is essential for maintaining legal workforce status.

 

Section B: Employer Responsibilities and Right to Work Compliance

 

Employers must ensure that Ukrainian nationals in their workforce who are eligible for the Ukraine Permission Extension Scheme (UPE Scheme) maintain lawful immigration status and a valid right to work. Failure to manage visa expiry risks could result in illegal working penalties, civil fines, and sponsor licence breaches. Employers must implement robust HR processes to navigate these compliance requirements effectively.

 

1. Right to Work checks for employees granted an extension under the UPE Scheme

 

Employers are required to carry out statutory right to work checks for all employees, including those who obtain permission under the UPE Scheme. Upon the grant of an extension, employees will receive confirmation of their status, typically through a digital eVisa or updated Biometric Residence Permit (BRP). Employers must request evidence of the extension and perform a fresh right to work check, using the Home Office online checking service where applicable. This will provide a statutory excuse against a civil penalty for illegal working.

 

2. Handling employees whose current Ukraine Scheme visa is expiring

 

It is essential that HR teams identify all Ukrainian employees whose current permission to stay is nearing expiry. Employers should communicate proactively with affected employees at least 90 days before their visa expiry, with follow-ups at 60 and 30 days, to ensure they are aware of the UPE Scheme and encouraged to apply in a timely manner. While the application process is the employee’s responsibility, employers should support by providing reminders and signposting to relevant Home Office guidance. If an employee does not apply before their current visa expires, they will lose their right to work, exposing the employer to compliance risks.

 

3. Record-keeping requirements and avoiding illegal working penalties

 

Under the Immigration (Restrictions on Employment) Order 2007, employers must retain evidence of right to work checks for the duration of employment and for two years after employment ends. For UPE Scheme cases, employers must ensure they have up-to-date records confirming the employee’s extended permission. This includes retaining copies of confirmation emails, share codes used for online checks, and any updated BRP documentation. Employers failing to maintain accurate records risk civil penalties of up to £20,000 per illegal worker. Additionally, employers should ensure their HR systems are capable of storing digital eVisa status records as the UK transitions away from physical BRPs.

 

4. Sponsor licence holders: additional duties for sponsored Ukrainian workers

 

While the majority of Ukrainian employees may not be sponsored workers, some may have switched to or intend to switch to Skilled Worker visas following their UPE Scheme extension. For sponsor licence holders, this triggers additional reporting and record-keeping duties. Sponsors must update the Sponsor Management System (SMS) to reflect any changes to the employee’s visa status and ensure that sponsored Ukrainian workers meet all ongoing compliance obligations. Failure to monitor and report changes accurately can lead to sponsor licence downgrades or revocation.

 

Summary for Section B – Key employer compliance duties and avoiding enforcement risks

 

Employers must actively manage the right to work status of Ukrainian employees applying under the UPE Scheme. This involves conducting fresh right to work checks post-extension, maintaining thorough records, and supporting employees to meet application deadlines. For sponsors, additional SMS reporting obligations may apply. Employers should ensure that all visa expiry dates are tracked within their HR systems with scheduled alerts, and that all compliance staff are trained to navigate the nuances of eVisa status management. A proactive compliance approach will minimise risks of civil penalties and maintain the integrity of the employer’s sponsor licence.

 

Section C: Common Scenarios Employers May Face

 

Employers with Ukrainian nationals in their workforce may encounter various practical situations as the Ukraine Permission Extension Scheme (UPE Scheme) is rolled out. Understanding how to handle these scenarios is critical to maintaining right to work compliance and supporting affected employees. HR teams should implement a structured visa expiry tracking process, with reminders issued at 90, 60, and 30 days before expiry to prevent status lapses.

 

1. Ukrainian employee applies late for UPE Scheme extension – impact on work status

 

If a Ukrainian employee fails to submit their UPE Scheme extension application before their current visa expires, they will lose their right to work. Employers must suspend the employee’s duties immediately upon visa expiry to avoid illegal working penalties. There is no automatic grace period, and the employer’s statutory excuse against a penalty lapses once the visa expires. However, if the employee submits a valid application before expiry, their right to work continues under section 3C of the Immigration Act 1971 while the application is pending. Employers must verify that the application was submitted in time and keep evidence on file.

 

2. Non-sponsored employees switching to Skilled Worker visa post-extension

 

Some Ukrainian employees may decide to switch from the UPE Scheme to a Skilled Worker visa for long-term stability. This process requires employer sponsorship under the Points-Based System. Employers must ensure they are licensed sponsors and meet all sponsorship duties, including issuing a Certificate of Sponsorship (CoS), conducting a genuine vacancy assessment, and ensuring the role meets salary thresholds. The employee’s right to work under the UPE Scheme remains valid until the Skilled Worker application is approved, provided they apply before their current permission expires.

 

3. Ukrainian employees with biometric residence permits expiring in 2024-25

 

Many Ukrainian nationals hold Biometric Residence Permits (BRPs) that are set to expire on 31 December 2024, in line with Home Office digitalisation plans. Even if an employee’s immigration status under the UPE Scheme extends beyond this date, their BRP will display the 31 December 2024 expiry. Employers must not assume that the BRP expiry date reflects the end of the employee’s right to work. A digital status check via the Home Office online checking service should be conducted to verify continued permission. Employees affected by BRP expiry will be transitioned to an eVisa system. Employers should ensure their HR systems can manage digital statuses effectively, including storing share codes and digital confirmation records.

 

4. Managing right to work re-checks during the UPE Scheme extension period

 

Employers are required to conduct follow-up right to work checks where an employee’s permission to work is time-limited. For UPE Scheme holders, this means setting calendar reminders to re-check status before the new extension expires. Re-checks must be documented, and share codes or updated BRPs should be retained as evidence. Failure to conduct timely follow-up checks can invalidate the employer’s statutory excuse and expose the business to compliance enforcement action. Employers should integrate automated reminders into their HR compliance systems to ensure re-checks are never missed.

 

Summary for Section C – Practical HR strategies for managing UPE Scheme cases

 

HR teams should adopt a structured approach to managing UPE Scheme scenarios by maintaining a visa expiry tracking system, issuing proactive reminders to employees at 90, 60, and 30 days before expiry, and ensuring all right to work documentation is up to date. Employers should be prepared to handle late applications by verifying section 3C protection, support visa category switches with the necessary sponsor licence compliance, and navigate the transition to digital eVisa statuses. A robust internal process will help employers mitigate compliance risks and support Ukrainian employees effectively.

 

Section D: Risks of Non-Compliance and HR Best Practices

 

Employers who fail to manage the Ukraine Permission Extension Scheme (UPE Scheme) correctly face significant compliance risks, including civil penalties, reputational damage, and sponsor licence implications. Implementing proactive HR strategies and best practices is essential to safeguard the business against enforcement action.

 

1. Civil penalties for employing Ukrainian nationals without valid permission

 

Under the Immigration, Asylum and Nationality Act 2006, employers may be subject to civil penalties of up to £20,000 per illegal worker if they are found to be employing individuals who do not have valid permission to work. Failing to conduct a right to work check or allowing a Ukrainian employee to continue working after their visa expires without a valid extension can result in fines, criminal sanctions, and publication of the breach on the Home Office’s civil penalty database. Employers must maintain a statutory excuse by conducting compliant right to work checks and keeping accurate records of all documentation, including digital eVisa checks where applicable.

 

2. Impact on sponsor licence compliance for businesses employing Ukrainian staff

 

For licensed sponsors, non-compliance with immigration duties can have serious consequences, including licence downgrades, suspension, or revocation. Sponsors must monitor and report any changes to an employee’s immigration status, ensure visa expiry dates are tracked, and conduct timely right to work re-checks. Any failure to manage Ukrainian employees’ status under the UPE Scheme can be viewed by the Home Office as a breach of sponsorship duties, potentially affecting the organisation’s ability to sponsor future workers. Sponsors should review their Sponsor Management System (SMS) records regularly to ensure they reflect up-to-date information on Ukrainian staff.

 

3. HR best practices for monitoring visa expiry dates and extension applications

 

To manage compliance effectively, HR teams should maintain an up-to-date database of all employees’ visa expiry dates, with automated reminders set at 90, 60, and 30 days before expiry. Regular audits of right to work documentation should be conducted to ensure records are current and complete. Employers should also consider appointing a dedicated compliance officer or HR lead responsible for overseeing visa monitoring and application support processes. This ensures a clear point of accountability for managing immigration compliance risks across the organisation.

 

4. Policy updates and staff training to manage UPE Scheme-related risks

 

Employers should review and update internal HR policies to reflect the requirements of the UPE Scheme, including clear procedures for managing visa expiries, conducting right to work checks, and supporting employees with extension applications. Staff involved in recruitment, HR, and compliance functions should receive training to ensure they understand the implications of the scheme and can implement best practices consistently across the organisation. Additionally, employers should monitor Home Office updates and prepare for potential policy changes or scheme closure announcements to maintain ongoing compliance.

 

Summary for Section D – Mitigating compliance risks through proactive HR management

 

Employers must take a proactive approach to managing the compliance risks associated with the UPE Scheme. This includes conducting thorough right to work checks, maintaining robust records, implementing effective visa monitoring processes, and ensuring HR policies are updated to address scheme-specific requirements. By fostering a culture of compliance, providing targeted staff training, and staying informed of Home Office policy developments, employers can mitigate enforcement risks and support their Ukrainian employees effectively.

 

FAQs

 

1. Can employers assist Ukrainian staff with the UPE Scheme application process?
While the application is an individual responsibility, employers can assist by signposting Home Office guidance, providing internet access to submit applications, and issuing reminders about key deadlines. However, employers must not complete application forms on behalf of employees.

2. What happens if a Ukrainian employee misses the UPE Scheme application deadline?
If an employee fails to apply before their current visa expires, they will lose their right to work. Employers must suspend employment immediately upon visa expiry to avoid illegal working penalties and should encourage affected employees to seek urgent legal advice. If a valid application was submitted before expiry, their right to work continues under section 3C of the Immigration Act 1971 while the application is pending.

3. Do Right to Work checks need repeating after the UPE Scheme extension is granted?
Yes. Once an employee is granted an extension under the UPE Scheme, the employer must conduct a fresh right to work check using the Home Office online checking service or obtain updated documentation, depending on how the extension is issued. This ensures a valid statutory excuse is maintained.

4. Is there a fee for Ukrainian employees to apply for the UPE Scheme extension?
No. The UPE Scheme is a free route. Applicants are not required to pay any application fees or Immigration Health Surcharge when applying for an extension under this scheme.

 

Conclusion

 

The Ukraine Permission Extension Scheme is a vital pathway for Ukrainian nationals and their family members to extend their lawful stay in the UK. For employers, understanding and managing the scheme is critical to maintaining right to work compliance and avoiding enforcement risks. Proactive HR processes, accurate record-keeping, and clear communication with affected employees are essential to navigate the requirements of the UPE Scheme effectively. Employers are encouraged to seek professional advice for complex cases and to ensure their HR teams are fully equipped to manage the scheme’s compliance obligations. Additionally, employers should subscribe to Home Office updates to stay informed of any changes to the scheme or future closure announcements.

 

Glossary

 

Term	Definition
Ukraine Permission Extension Scheme (UPE Scheme)	A UK immigration route allowing eligible Ukrainian nationals and their family members to extend their stay in the UK for an additional 36 months.
Right to Work Checks	Employer checks required by law to confirm an individual has the legal right to work in the UK, providing a statutory excuse against illegal working penalties.
Sponsor Licence Duties	Compliance obligations placed on employers holding a sponsor licence, including reporting, monitoring, and record-keeping responsibilities.
Homes for Ukraine Scheme	A sponsorship scheme allowing UK individuals and organisations to offer accommodation to Ukrainian nationals fleeing the conflict.
Ukraine Family Scheme	A visa route for Ukrainian nationals to join family members already residing in the UK.
Section 3C Leave	A provision under the Immigration Act 1971 that allows an individual’s existing immigration permission to continue while a timely application is pending with the Home Office.

 

Useful Links

 

Resource	Link
Home Office Guidance on the UPE Scheme	https://www.gov.uk/guidance/ukraine-extension-scheme
Employer Right to Work Checklist (gov.uk)	https://www.gov.uk/government/publications/right-to-work-checklist
Sponsor Licence Compliance Duties Overview	https://www.gov.uk/government/publications/sponsor-guidance-workers-and-temporary-workers
Immigration Act 1971 – Section 3C	https://www.legislation.gov.uk/ukpga/1971/77/section/3C
Immigration (Restrictions on Employment) Order 2007	https://www.legislation.gov.uk/uksi/2007/3290/contents/made