The UK Home Office has issued new temporary guidance for Ukrainian nationals currently present in the UK who need to need to extend their visa but cannot return to Ukraine.
Under the UK Immigration Rules, for most visa categories, visa holders would ordinarily be required to travel overseas to extend or switch their UK visa.
The new temporary concessions allow Ukrainian nationals who are already in the UK to extend their permission and retain lawful status without having to leave the UK.
Visitor visa holders
Ukrainian visitors in the UK who cannot return to Ukraine can now apply to switch from their visitor visa to a different points-based route or a family visa route. This is a temporary change to the usual rules, which would ordinarily not allow visitors to switch into a different visa category. You will however still have to show you meet the eligibility criteria of the visa you are switching into, and you will also have to pay the relevant application fees.
Skilled worker visa holders
Ukrainian nationals who have a skilled worker or Tier 2 visa that is due to expire can apply to extend their leave or, if eligible, apply for indefinite leave to remain.
Seasonal workers
If you are a seasonal worker, and you cannot return to Ukraine, you can extend your visa to 31 December 2022, provided you continue working for the same sponsor (scheme operator) in a job permitted by the Seasonal Worker route. The Home Office advises that UKVI will liaise with your sponsor for the extension, and you will be notified by the Home Office if this concession applies to you.
HGV drivers
If you are an HGV driver, you can apply to extend your visa to 31 December 2022 if you cannot return to Ukraine, provided you continue to work in your current role with the same sponsor. The Home Office advises that UKVI will liaise with your sponsor for the extension, and you will be notified by the Home Office if this concession applies to you.
Pork butchers
You can request a temporary extension of your visa until 31 December 2022 if you cannot return to Ukraine. The Home Office advises that UKVI will liaise with your sponsor for the extension, and you will be notified by the Home Office if this concession applies to you.
You may also be eligible for the skilled worker route, which allows leave to remain for five years and can lead to UK indefinite leave to remain.
Last updated: 1 March 2022
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
