Policy paper

Statement of changes to the Immigration Rules: HC 1220, 29 March 2022 (accessible version)

Published 29 March 2022

Presented to Parliament pursuant to section 3(2) of the Immigration Act 1971

Ordered by the House of Commons to be printed 29 March 2022

This document is accompanied by an Explanatory Memorandum

© Crown copyright 2022

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ISBN 978-1-5286-3275-1

E02735082 03/22

Statement of changes in Immigration Rules

The Home Secretary has made the changes hereinafter stated in the rules laid down by them as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 May 1994 (HC 395) as amended.^{[footnote 1]}

The amending statements were laid before, or presented to, Parliament on 20 September 1994 (Cm 2663), 26 October 1995 (HC 797), 4 January 1996 (Cm 3073), 7 March 1996 (HC 274), 2 April 1996 (HC 329), 29 August 1996 (Cm 3365), 31 October 1996 (HC 31), 27 February 1997 (HC 338), 29 May 1997 (Cm 3669), 5 June 1997 (HC 26), 30 July 1997 (HC 161), 11 May 1998 (Cm 3953), 7 October 1998 (Cm 4065), 18 November 1999 (HC 22), 28 July 2000 (HC 704), 20 September 2000 (Cm 4851), 28 August 2001 (Cm 5253), 16 April 2002 (HC 735), 27 August 2002 (Cm 5597), 7 November 2002 (HC 1301), 26 November 2002 (HC 104), 8 January 2003 (HC 180), 10 February 2003 (HC 389), 31 March 2003 (HC 538), 30 May 2003 (Cm 5829), 24 August 2003 (Cm 5949), 12 November 2003 (HC 1224), 17 December 2003 (HC 95), 12 January 2004 (HC 176), 26 February 2004 (HC 370), 31 March 2004 (HC 464), 29 April 2004 (HC 523), 3 August 2004 (Cm 6297), 24 September 2004 (Cm 6339), 18 October 2004 (HC 1112), 20 December 2004 (HC 164), 11 January 2005 (HC 194), 7 February 2005 (HC 302), 22 February 2005 (HC 346), 24 March 2005 (HC 486), 15 June 2005 (HC 104), 12 July 2005 (HC 299), 24 October 2005 (HC 582), 9 November 2005 (HC 645), 21 November 2005 (HC 697), 19 December 2005 (HC 769), 23 January 2006 (HC 819), 1 March 2006 (HC 949), 30 March 2006 (HC 1016), 20 April 2006 (HC 1053), 19 July 2006 (HC 1337), 18 September 2006 (Cm 6918), 7 November 2006 (HC 1702), 11 December 2006 (HC 130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7 November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82), 6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July 2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February 2009 (HC 227), 9 March 2009 (HC 314), 24 April 2009 (HC 413), 9 September 2009 (Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120), 10 February 2010 (HC 367), 18 March 2010 (HC 439), 28 June 2010 (HC 59), 15 July 2010 (HC 96), 22 July 2010 (HC 382), 19 August 2010 (Cm 7929), 1 October 2010 (Cm 7944), 21 December 2010 (HC 698), 16 March 2011 (HC 863), 31 March 2011 (HC 908), 13 June 2011 (HC 1148), 19 July 2011 (HC 1436), 10 October 2011 (HC 1511), 7 November 2011 (HC 1622), 8 December 2011 (HC 1693), 20 December 2011 (HC 1719), 19 January 2012 (HC 1733), 15 March 2012 (HC 1888), 4 April 2012 (Cm 8337), 13 June 2012 (HC 194), 9 July 2012 (HC 514), 19 July 2012 (Cm 8423), 5 September 2012 (HC 565), 22 November 2012 (HC 760), 12 December 2012 (HC 820), 20 December 2012 (HC 847), 30 January 2013 (HC 943), 7 February 2013 (HC 967), 11 March 2013 (HC 1038), 14 March 2013 (HC 1039), 9 April 2013 (Cm 8599), 10 June 2013 (HC 244), 31 July 2013 (Cm 8690), 6 September 2013 (HC 628), 9 October 2013 (HC 686), 8 November 2013 (HC 803), 9 December 2013 (HC 887), 10 December 2013 (HC 901), 18 December 2013 (HC 938), 10 March 2014 (HC 1130), 13 March 2014 (HC 1138), 1 April 2014 (HC 1201), 10 June 2014 (HC 198), 10 July 2014 (HC 532), 16 October 2014 (HC 693), 26 February 2015 (HC 1025), 16 March 2015 (HC1116), 13 July 2015 (HC 297), 17 September 2015 (HC 437), 29 October 2015 (HC535), 11 March 2016 (HC 877), 3 November 2016 (HC 667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC 309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675), 11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC 1849), 7 March 2019 (HC 1919), 1 April 2019 (HC 2099), 9 September 2019 (HC 2631), 24 October 2019 (HC 170), 30 January 2020 (HC 56), 12 March 2020 (HC 120), 14 May 2020 (CP 232), 10 September 2020 (HC 707), 22 October 2020 (HC 813), 10 December 2020 (HC 1043), 31 December 2020 (CP 361), 4 March 2021 (HC 1248), 10 September 2021 (HC 617), 11 October 2021 (CP 542), 1 November 2021 (HC 803), 14 December 2021 (HC 913), 24 January 2022 (HC 1019), 17 February 2022 (CP 632) and 15 March 2022 (HC 1118).

Implementation

These changes shall take effect on 30 March 2022 except the provisions which relate to the Ukraine Extension Scheme, which shall take effect from 3 May 2022.

Changes to the Introduction

INTRO1. In paragraph 6.2, after the definition of “Approved Sponsor” insert:

““Approved sponsor under the Homes for Ukraine Sponsorship Scheme” means a sponsor who meets eligibility and suitability requirements under the Homes for Ukraine sponsor guidance, published by the Department for Levelling Up, Housing and Communities at https://www.gov.uk/guidance/homes-for-ukraine-sponsor-guidance.

“Aunt” in Appendix Ukraine Scheme means the sister, or step-sister, of either of the UK-based sponsor’s parents, or the female partner of the UK-based sponsor’s uncle or aunt.”.

INTRO2. In paragraph 6.2, after the definition of “Conviction”, insert:

““Cousin” in Appendix Ukraine Scheme means the biological, adopted or step-child of the UK-based sponsor’s uncle or aunt.”.

INTRO3. In paragraph 6.2, after the definition of “Graduate”, insert:

““Grandchild” in Appendix Ukraine Scheme means a biological grandchild, step-grandchild or grandchild by reason of an adoption recognised by the laws of the UK relating to adoption.”.

INTRO4. In paragraph 6.2, for the definition of “Grandparent” substitute:

““Grandparent” in Appendix UK Ancestry and Appendix Ukraine Scheme means a biological grandparent or grandparent by reason of an adoption recognised by the laws of the UK relating to adoption.”.

INTRO5. In paragraph 6.2, after the definition of “National Referral Mechanism”, insert:

““Niece” in Appendix Ukraine Scheme means the female biological, adopted or step-child of the UK-based sponsor’s brother or sister.

“Nephew” in Appendix Ukraine Scheme means the male biological, adopted or step-child of the UK-based sponsor’s brother or sister.”.

INTRO6. In paragraph 6.2, in the definition of “parent”, for “the child.” at the end of sub-paragraph (e) substitute:

“the child; and

(f) in Appendix Ukraine Scheme a parent also includes a step-father or step-mother, whether or not the biological parent is dead.”.

INTRO7. In paragraph 6.2, in the definition of “Public Funds”, for sub-paragraph (i), substitute:

“(i) a discretionary payment made by a local authority under section 1 of the Localism Act 2011, not including any payment made under the Energy Rebate Scheme 2022”.

INTRO8. In paragraph 6.2, after the definition of “Short-term Student”, insert:

““Sibling” in Appendix Ukraine Scheme means the UK-based sponsor or their partner’s biological, adopted or step-brothers and step-sisters.”.

INTRO9. In paragraph 6.2, after the definition of “UK postgraduate degree”, insert:

““Ukraine Scheme” means the routes set out in Appendix Ukraine Scheme: the Ukraine Family Scheme, Homes for Ukraine Sponsorship Scheme, and Ukraine Extension Scheme.”.

INTRO10. In paragraph 6.2, after the definition of “UKRI”, insert:

““Uncle” in Appendix Ukraine Scheme, means the brother, or step- brother, of either of the UK-based sponsor’s parents, or the male partner of the UK-based sponsor’s uncle or aunt.”.

Changes to Part 1

1.1 In paragraph 28, after “short-term student” insert “or under Appendix Ukraine Scheme”.

1.2 In paragraph A34, after “Appendix EU” insert “Appendix Ukraine Scheme”.

1.3 In paragraph A39, after “for more than six months” insert “, except for applications made under Appendix Ukraine Scheme,”.

Changes to Part 9

9.1 In paragraph 9.1.1, after sub paragraph (k), insert:

“(l) Appendix Ukraine Scheme, except paragraphs 9.2.1 to 9.7.3, 9.10.1 to 9.10.2, 9.14.1 to 9.20.2, 9.23.1 and 9.24.1.”.

Changes to Appendix AR

APP AR1. In AR3.2(c), after “application as a visitor,” insert “or an application under Appendix Ukraine Scheme,”.

APP AR2. In AR5.2(a), after “under Appendix EU (Family Permit)” insert “, under Appendix Ukraine Scheme,”.

Insertion of new Appendix Ukraine Scheme

APP UKRS1. After “Appendix Hong Kong British National (Overseas)”, insert:

“Appendix Ukraine Scheme

This Appendix sets out 3 routes for those affected by the conflict in Ukraine – the Ukraine Family Scheme, the Homes for Ukraine Sponsorship Scheme and the Ukraine Extension Scheme.

Where the applicant is outside the UK:

The applicant must have been living in Ukraine immediately before 1 January 2022.

A Ukrainian national can qualify under the Ukraine Family Scheme if they are a family member (as defined) of a UK-based sponsor who is a British citizen, person settled in the UK, refugee, person with humanitarian protection, or EEA or Swiss citizen with pre-settled status under the EU Settlement Scheme (where based on residence in the UK before the end of the transition period).

Family members for the purpose of this Scheme are immediate family members (meaning a partner, child under 18, parent of a child aged under 18, fiancé(e) or proposed civil partner), and extended family members of the UK-based sponsor or their partner (meaning parent, grandparent, grandchild, adult child, sibling, aunt, uncle, niece, nephew, and cousin) and the immediate family members of extended family members of the UK-based sponsor or their partner.

A Ukrainian national may also qualify under the Homes for Ukraine Sponsorship Scheme if they have an Approved sponsor who will provide accommodation for at least 6 months.

Family members of a UK-based sponsor who are not Ukrainian nationals may also qualify under the Ukraine Family Scheme so long as at least one member of the UK- based sponsor’s immediate family is a Ukrainian national

Immediate family members of a Ukrainian who are not themselves Ukrainian nationals may also qualify under the Homes for Ukraine Sponsorship Scheme.

Where the applicant is in the UK:

The applicant must have immigration permission unless their last permission expired after 1 January 2022.

A Ukrainian national can qualify under the Ukraine Extension Scheme if they are in the UK with immigration permission on 18 March 2022 or if their last permission ended after 1 January 2022. This scheme will open on 3 May 2022.

A person who has immigration permission as a partner or child of a Ukrainian national who qualifies under the Ukraine Extension Scheme, who is not themselves a Ukrainian national, can also qualify under the Ukraine Extension Scheme. This scheme will open on 3 May 2022.

A Ukrainian national may also qualify under the Ukraine Family Scheme if they are a family member of a UK- based sponsor as described above.

Family members who are not Ukrainian nationals may also qualify under the Ukraine Family Scheme so long as at least one member of the UK-based sponsor’s immediate family is a Ukrainian national.

Further information on immigration issues related to Ukraine is available at https://www.gov.uk/guidance/support-for-family-members-of-british-nationals-in- ukraine-and-ukrainian-nationals-in-ukraine-and-the-uk.

Ukraine Family Scheme

Validity requirements for the Ukraine Family Scheme

UKR 1.1. A person applying for entry clearance or permission to stay under the Ukraine Family Scheme must apply online on the gov.uk website on the specified form as follows: “Ukraine Scheme”.

UKR 1.2. An application for entry clearance or permission to stay under the Ukraine Family Scheme must meet all the following requirements:

• (a) the applicant must have provided any required biometrics; and
• (b) the applicant must have provided a passport or other document which satisfactorily established their identity and nationality.

UKR 1.3. An application which does not meet all the validity requirements for the Ukraine Family Scheme is invalid and may be rejected and not considered.

Suitability requirements for the Ukraine Family Scheme

UKR 2.1. The applicant must not fall for refusal under any of the following paragraphs of Part 9: grounds for refusal:

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

Eligibility requirements for the Ukraine Family Scheme

Entry requirements for the Ukraine Family Scheme

UKR 3.1. A person seeking to come to the UK under the Ukraine Family Scheme must apply for entry clearance and must have been:

• (a) granted entry clearance under the Ukraine Scheme; or
• (b) given a letter from the Home Office confirming the applicant can travel to the UK under the Ukraine Scheme, before they arrive in the UK.

Variation of entry clearance application after arrival for person given letter authorising travel to UK

UKR 4.1. A person who:

• (a) has made an application for entry clearance which has not been decided; and
• (b) has been given a letter from the Home Office confirming the applicant can travel to the UK; and
• (c) is granted permission to enter on arrival in the UK; and
• (d) provides their biometrics after arrival in the UK,

may have their application for entry clearance varied by the Secretary of State to an application for permission to stay.

Residence requirement for the Ukraine Family Scheme

UKR 5.1. An applicant applying for entry clearance under the Ukraine Family Scheme must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date.

UKR 5.2. An applicant applying for permission to stay under the Ukraine Family Scheme must be in the UK and either:

• (a) have permission; or
• (b) have had permission immediately before 1 January 2022 which has since expired,

but permission as a visitor granted after 18 March 2022 does not count as permission for the purpose of this requirement.

Relationship requirement for a family member under the Ukraine Family Scheme

UKR 6.1. The applicant must be the family member (as set out at UKR 6.2.) of a UK-based sponsor who is one of the following:

• (a) a British citizen; or
• (b) a person who is settled in the UK; or
• (c) a person in the UK with limited permission as a refugee or person granted humanitarian protection; or
• (d) an EEA national in the UK with limited permission granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of that Appendix (that is with pre-settled status granted under the EU Settlement Scheme on the basis they were living in the UK before 2300 GMT on 31 December 2020).

UKR 6.2. Where applying as a family member under UKR 6.1., the applicant must be a family member in one of the following relationships (and, if the applicant is not Ukrainian, at least one of the immediate family members under (a) must be a Ukrainian national as in UKR 7.1.):

• (a) an immediate family member meaning the:
  • (i) partner of the UK-based sponsor; or
  • (ii) child aged under 18 on the date of application of the UK-based sponsor or of the UK-based sponsor’s partner; or
  • (iii) parent of a child (who is under 18 on the date of application), where the child is the UK-based sponsor; or
  • (iv) fiancé(e) or proposed civil partner of the UK-based sponsor; or
• (b) extended family member, meaning a:
  • (i) parent of a UK-based sponsor, or of the UK-based sponsor’s partner (where the sponsor or partner is aged 18 or over on the date of application); or
  • (ii) parent of the UK-based sponsor’s child or of the UK-based sponsor’s partner’s child (where the child is under 18 on the date of application); or
  • (iii) grandparent of the UK-based sponsor or of the UK-based sponsor’s partner; or
  • (iv) grandchild of the UK-based sponsor or of the UK-based sponsor’s partner; or
  • (v) sibling of the UK-based sponsor or of the UK-based sponsor’s partner; or
  • (vi) adult child (aged 18 or over on the date of application) of the UK- based sponsor or of the UK-based sponsor’s partner; or
  • (vii) aunt or uncle of the UK-based sponsor; or
  • (viii) cousin of the UK-based sponsor; or
  • (ix) niece or nephew of the UK-based sponsor; or
• (c) an immediate family member of an extended family member, meaning a:
  • (i) partner of an extended family member; or
  • (ii) child aged under 18 on the date of application of an extended family member; or
  • (iii) parent of a child aged under 18 on the date of application, where the child is the extended family member; or
  • (iv) fiancé(e) or proposed civil partner of an extended family member.

UKR 6.3. An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the UK-based sponsor or extended family member which commenced before 1 January 2022.

UKR 6.4. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner.

Nationality requirement for the Ukraine Family Scheme

UKR 7.1. The applicant must be either:

• (a) a Ukrainian national; or
• (b) part of a family group (meaning a group of people as set in UKR 6.2.) which includes an immediate family member of the UK-based sponsor who is a Ukrainian national who would qualify under the scheme (whether or not applying at the same time as the applicant).

Parental consent requirement for a child applying under the Ukraine Family Scheme

UKR 8.1. If the applicant is aged under 18 on the date of application and they are not accompanying a parent to, or joining a parent in, the UK, they must have written consent from:

• (a) both parents; or
• (b) one parent, if that parent has sole legal responsibility for the applicant; or
• (c) the applicant’s legal guardian,

unless the decision-maker is satisfied it is reasonable in the circumstances to grant the child entry clearance or permission without such consent.

UKR 8.2. The written consent must confirm support for all the following:

• (a) the application; and
• (b) the applicant’s living and care arrangements in the UK; and
• (c) if the application is for entry clearance, the applicant’s travel to, and reception arrangements in, the UK.

Decision under the Ukraine Family Scheme

UKR 9.1. If the decision-maker is satisfied that all the suitability and eligibility requirements under the Ukraine Family Scheme are met, the application will be granted otherwise the application will be refused.

Period and conditions of grant under the Ukraine Family Scheme

UKR 10.1. The applicant will be granted permission for whatever is the shorter of either:

• (a) 36 months; or
• (b) a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme.

UKR 10.2. The permission will be granted subject to the following conditions:

• (a) access to public funds permitted; and
• (b) work (including self-employment and voluntary work) permitted; and
• (c) study permitted, subject to the ATAS condition in Appendix ATAS.

Homes for Ukraine Sponsorship Scheme

Validity requirements for the Homes for Ukraine Sponsorship Scheme

UKR 11.1. A person applying for entry clearance under the Homes for Ukraine Sponsorship Scheme must apply online on the gov.uk website on the specified form as follows: “Ukraine Scheme”.

UKR 11.2. An application for entry clearance under the Homes for Ukraine Sponsorship Scheme must meet all the following requirements:

• (a) the applicant must have provided any required biometrics; and
• (b) the applicant must have provided a passport or other document which satisfactorily established their identity and nationality; and
• (c) the applicant must be outside the UK on the date of application: and
• (d) the applicant must have provided the name of a UK sponsor who has offered them accommodation in the UK.

UKR 11.3. Unless the applicant is applying with, or to join in the UK, a parent or legal guardian, the applicant must be aged 18 or over on the date of application.

UKR 11.4. An application which does not meet all the validity requirements for the Homes for Ukraine Sponsorship Scheme is invalid and may be rejected and not considered.

Suitability requirements for the Homes for Ukraine Sponsorship Scheme

UKR 12.1. The applicant must not fall for refusal under any of the following paragraphs of Part 9: grounds for refusal:

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

Eligibility requirements for the Homes for Ukraine Sponsorship Scheme Entry requirements for the Homes for Ukraine Sponsorship Scheme

UKR 13.1. A person seeking to come to the UK under the Homes for Ukraine Sponsorship Scheme must apply for entry clearance and must have been:

• (a) granted entry clearance; or
• (b) given a letter from the Home Office confirming the applicant can travel to the UK,

under the Ukraine Scheme before they arrive in the UK.

Variation of entry clearance application after arrival for person holding permission to travel on arrival

UKR 14.1. A person who:

• (a) has made an application for entry clearance which has not been decided; and
• (b) has been given a letter from the Home Office confirming the applicant can travel to the UK under a Ukraine Scheme; and
• (c) is granted permission to enter on arrival in the UK; and
• (d) provides any required biometrics after arrival in the UK,

may have their application for entry clearance varied by the Secretary of State to an application for permission to stay.

Approved sponsor requirement for the Homes for Ukraine Sponsorship Scheme UKR 15.1. An applicant under the Homes for Ukraine Sponsorship Scheme must have an Approved sponsor under the Homes for Ukraine Sponsorship Scheme.

UKR 15.2. Where a family group is applying under the Homes for Ukraine Sponsorship Scheme, the Ukrainian national and their immediate family members (as described in UKR 18.1.) must have the same Approved sponsor under the Homes for Ukraine Sponsorship Scheme.

Residence requirement for the Homes for Ukraine Sponsorship Scheme

UKR 16.1. An applicant applying for entry clearance under the Homes for Ukraine Sponsorship Scheme must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date.

Nationality requirement for the Homes for Ukraine Sponsorship Scheme

UKR 17.1. The applicant must be either:

• (a) a Ukrainian national; or
• (b) part of an immediate family group (meaning the group set out in UKR 18.1.) which includes an immediate family member who is a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme.

Relationship requirement for a family member under the Homes for Ukraine Sponsorship Scheme

UKR 18.1. If the applicant is not a Ukrainian national, they must be the immediate family member of a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme, meaning a:

• (a) partner of the Ukrainian national; or
• (b) child aged under 18 on the date of application of the Ukrainian national or of their partner; or
• (c) parent of a Ukrainian national child aged under 18 (where the child is applying under the Homes for Ukraine Sponsorship Scheme); or
• (d) fiancé(e) or proposed civil partner of the Ukrainian national.

UKR 18.2. An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the Ukrainian national which commenced before 1 January 2022.

UKR 18.3. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner.

Decision under the Homes for Ukraine Sponsorship Scheme

UKR 19.1. If the decision-maker is satisfied that all the suitability and eligibility requirements under the Homes for Ukraine Sponsorship Scheme are met, the application will be granted; otherwise, the application will be refused.

Period and conditions of grant under the Homes for Ukraine Sponsorship Scheme

UKR 20.1. The applicant will be granted permission for a period of up to 36 months. UKR 20.2. The permission will be granted subject to the following conditions:

• (a) access to public funds permitted; and
• (b) work (including self-employment and voluntary work) permitted; and
• (c) study permitted, subject to the ATAS condition in Appendix ATAS.

Ukraine Extension Scheme

Validity requirements for the Ukraine Extension Scheme

UKR 21.1. A person applying for permission to stay under the Ukraine Extension Scheme must apply online on the gov.uk website on the specified form as follows: “Ukraine Scheme”.

UKR 21.2. An application for permission to stay under the Ukraine Extension Scheme must meet all the following requirements:

• (a) the applicant must have provided any required biometrics; and
• (b) the applicant must have provided a passport or other document which satisfactorily established their identity and nationality; and
• (c) the applicant must be in the UK.

UKR 21.3. The applicant must have had permission to enter or stay in the UK on 18 March 2022, unless:

• (a) they were in the UK with permission to enter or stay immediately before 1 January but that permission has since expired; or
• (b) they are a child born in the UK after 18 March 2022.

UKR 21.4. An application which does not meet all the validity requirements for the Ukraine Extension Scheme is invalid and may be rejected and not considered.

Suitability requirements for the Ukraine Extension Scheme

UKR 22.1. The applicant must not fall for refusal under any of the following paragraphs of Part 9: grounds for refusal:

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

Eligibility requirements for the Ukraine Extension Scheme

Nationality requirement for the Ukraine Extension Scheme

UKR 23.1. The applicant must be either:

• (a) a Ukrainian national; or
• (b) a person who has or last had permission as:
  • (i) a partner of a Ukrainian national; or
  • (ii) a child of a Ukrainian national; or
• (c) a child of a Ukrainian national born in the UK after 18 March 2022.

Relationship requirement for a partner or child under the Ukraine Extension Scheme

UKR 24.1. An applicant who is a partner must meet the requirements in Appendix Relationship with Partner.

UKR 24.2. A child born in the UK must provide a full UK birth certificate.

Parental consent requirement for a child applying under the Ukraine Extension Scheme

UKR 25.1. If the applicant is aged under 18 on the date of application and they are not applying with their parent or parents, they must have written consent from:

• (a) both parents; or
• (b) one parent, if that parent has sole legal responsibility for the applicant; or
• (c) the applicant’s legal guardian,

unless the decision-maker is satisfied it is reasonable in the circumstances to grant the child permission without such consent.

UKR 25.2. The written consent must confirm support for:

• (a) the application; and
• (b) the applicant’s living and care arrangements in the UK.

Care requirement for a child under the Ukraine Extension Scheme

UKR 26.1. If the applicant is aged under 18 on the date of application, there must be suitable arrangements for the child’s care and accommodation in the UK, which must comply with relevant UK legislation and regulations.

Decision under the Ukraine Extension Scheme

UKR 27.1. If the decision-maker is satisfied that all the suitability and eligibility requirements under the Ukraine Extension Scheme are met, the application will be granted; otherwise, the application will be refused.

Period and conditions of grant under the Ukraine Extension Scheme

UKR 28.1. The applicant will be granted permission to stay for whatever is the shorter of either:

• (a) 36 months; or
• (b) a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme.

UKR 28.2. The permission will be granted subject to the following conditions:

• (a) access to public funds permitted; and
• (b) work (including self-employment and voluntary work) permitted; and
• (c) study permitted, subject to the ATAS condition in Appendix ATAS.”.

Insertion of new Appendix Relationship with Partner

APP RWP1. After Appendix Continuous Residence, insert:

“Appendix Relationship with Partner

This Appendix sets out the requirements for an application based on a relationship with a partner: spouse, civil partner, or unmarried partner in a durable relationship of at least 2 years.

It applies to applications under Appendix Ukraine Scheme and Appendix Settlement Family Life.

Age requirement for a person applying as a partner

RWP 1.1. The applicant and their partner must be aged 18 or over on the date of application.

Requirement that the partners must not be closely related

RWP 2.1. The applicant and their partner must not be so closely related that they would be prohibited from marrying, or entering into a civil partnership with, each other as defined in the Marriage Acts 1949 to 1986, the Marriage (Scotland) Act 1977 and 1986, the Marriage (Northern Ireland) Order 2003, the Civil Partnership Act 2004 and the Marriage and Civil Partnership (Scotland) Act 2014.

Requirement for previous relationships to have broken down permanently

RWP 3.1. Any previous marriage or civil partnership or durable relationship of the applicant or their partner with another person must have permanently broken down unless RWP 7.1. applies.

Requirement that any marriage or civil partnership is valid

RWP 4.1. Where the applicant and their partner are married or in a civil partnership, that marriage or civil partnership must be recognised by law in the country in which it took place.

Requirement for a durable relationship where a person is not married or in a civil partnership

RWP 5.1. Where the applicant and their partner are not married or in a civil partnership, they must have been in a relationship similar to a marriage or civil partnership for at least 2 years before the date of application.

Genuine and subsisting relationship requirement

RWP 6.1. The applicant and their partner must have met in person.

RWP 6.2. The relationship between the applicant and their partner must be genuine and subsisting.

Polygamous or polyandrous marriages and civil partnerships

RWP 7.1. If the applicant or their partner is currently in a polygamous or polyandrous marriage or civil partnership, they may only rely on that marriage or civil partnership for the purposes of an application for entry clearance, permission to enter or stay or settlement as a partner where no other partner to the marriage or civil partnership is seeking, or has been granted:

• (a) permission to enter or stay (except as a visitor or person in transit); or
• (b) settlement; or
• (c) a certificate of entitlement to Right of Abode in the UK.”.

Changes to the Statement of Changes in Immigration Rules (HC 1118)

HC1118.1. In the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Graduate, in APP GR1, remove “travel”.

HC1118.2. In the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Graduate, in APP GR3, in each place it occurs for “6 April 2022”, substitute “30 June 2022”.

HC1118.3. In the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Graduate, in APP GR4, for “6 April 2022”, substitute “30 June 2022”.

HC1118.4. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Skilled Occupations, in APP SO1, introductory text above Table 1, for “37.5”, substitute, “39”.

HC1118.5. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Skilled Occupations, in APP SO3, in the row containing “2211 Medical practitioners (Scotland)”, for “Salaried General practitioner (GP) and equivalent: £62,268”, substitute “Salaried General practitioner (GP) and equivalent: £63,187”.

HC1118.6.  In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Skilled Occupations, in APP SO3, for the row containing “2215 Dental practitioners (England)”, substitute:

“

2215 Dental

-Dental surgeon -Dentist -Orthodontist -Periodontist

-Dental foundation training and equivalent: £33,720 (35-hour week) -Dental core training (hospital dental services) and equivalent: £39,467 (35- hour week) -Dental specialty training and equivalent: £50,017 (35-hour week) -Band A posts (for example, Community practitioner) and equivalent: £43,019 (37.5-hour week) -Band B posts (for example, Senior dental officer) and equivalent: £66,919 (37.5-hour week) -Band C posts (for example, Specialist / managerial posts) and equivalent: £80,063 (37.5-hour week) -Consultant and equivalent: £84,559 (40-hour week) These going rates are per year and based on the weekly working hours stated above. They must be pro-rated for other working patterns, based on the weekly working hours stated by the applicant’s sponsor.

NHS Employers Pay and Conditions Circular MD-3-2021

”.

HC1118.7. In the Statement of Changes in Immigration Rules (HC 1118), in APP GBM1 Appendix Global Business Mobility – Graduate Trainee, for GTR 11.2, substitute:

“GTR 11.2. When calculating the cumulative periods of permission referred to in GTR 11.1. and GTR 13.2.(c), the decision maker will include the following:

• (a) all previous permission on the Global Business Mobility routes; and
• (b) all previous permission on the Intra-Company routes; and
• (c) if the applicant does not currently hold permission on a Global Business Mobility route, any permission they could be granted under the current application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
• (d) if the applicant is applying for permission to stay and has or last had permission on a Global Business Mobility route, any permission they could be granted under the current application, beginning on the date of decision; and
• (e) any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.”.

HC1118.8. In the Statement of Changes in Immigration Rules (HC 1118), in APP GBM1 Appendix Global Business Mobility – UK Expansion Worker, for UKX 11.2, substitute:

“UKX 11.2. When calculating the cumulative periods of permission referred to in UKX 11.1. and UKX 13.2.(d), the decision maker will include the following:

• (a) all previous periods of permission on the Global Business Mobility routes; and
• (b) all previous periods of permission on the Intra-Company routes; and
• (c) if the applicant does not currently hold permission on a Global Business Mobility route, any permission they could be granted under this application, beginning on the start date of the job stated on the Certificate of Sponsorship; and
• (d) if the applicant is applying for permission to stay and has or last had permission on the Global Business Mobility routes, any permission they could be granted under this application, beginning on the date of decision; and
• (e) any period of permission on the Global Business Mobility routes and the Intra-Company routes extended under section 3C of the Immigration Act 1971.”.

HC1118.9. In the Statement of Changes in Immigration Rules (HC 1118), in APP GBM1 Appendix Global Business Mobility – Service Supplier, for SSU 7.3, substitute:

“SSU 7.3. The applicant must have professional experience in the sector in which they will supply services as follows:

• (a) 3 years’ experience; or
• (b) if they are supplying chef de cuisine services under the CARIFORUM-UK Economic Partnership Agreement, 6 years’ experience; or
• (c) if they are a self-employed overseas service provider, 6 years’ experience.”.

HC1118.10. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendixes Global Business Mobility routes, in APP GBM1 Appendix Global Business Mobility – Service Supplier, in SSU 9.2(b)(iv), for “sponsor group”, substitute, “overseas service provider”.

HC1118.11. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendixes Global Business Mobility routes, in APP GBM1 Appendix Global Business Mobility – Service Supplier, in the sub-heading prior to SSU 11.1, delete “on the Global Business Mobility route”.

HC1118.12. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendixes Global Business Mobility routes, in APP GBM1 Appendix Global Business Mobility – Service Supplier, in SSU 11.1, for “route”, substitute “routes”.

HC1118.13. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendix Scale-up, in APP SCU1, in SCU 7.1(b), for “£10.58”, substitute, “£10.10”.

HC1118.14. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendix Scale-up, in APP SCU1, in SCU 7.5, for “37.5”, substitute, “39”.

HC1118.15. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendix Scale-up, in APP SCU1, in SCU 7.5, for “£10.58”, substitute, “£10.10”.

HC1118.16. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendix Scale-up, in APP SCU1, paragraph SCU 7.5(a), for “37.5”, substitute, “39”.

HC1118.17. In the changes section of the Statement of Changes in Immigration Rules (HC 1118), in Insert new Appendix Scale-up, in APP SCU1, in SCU 7.5(b), for “£10.58”, substitute, “£10.10”.

HC1118.18. In the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Innovator, in APP INN7, for “INN 41.1”, substitute “INN 42.1”.

HC1118.19. In the Statement of Changes in Immigration Rules (HC 1118), in Appendix Private Life, in PL1, for “Appendix Hong Kong British National (Overseas)”, susbtitute “Appendix Ukraine Scheme”.

HC1118.20. In the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Seasonal Worker, for SAW 4.1(g), substitute:

“SAW 4.1. (g) confirm the applicant will be paid at least £10.10 for each hour worked.

For the purpose of this sub-paragraph:

The hourly rate only includes guaranteed basic gross pay (before income tax and including employee pension and national insurance contributions), and does not include other pay and benefits (such as those listed in SW14.2)”.

HC1118.21. In the Statement of Changes in Immigration Rules (HC 1118), delete “Insertion of new Appendix Relationship with Partner” and RWP1.

HC1118.22. In the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix English Language, in APP EL4, in EL 2.4 (f), for “life”, substitute “Life”.

HC1118.23. In the Statement of Changes in Immigration Rules (HC 1118), in Changes to Appendix Continuous Residence, in APP CR2, in CR 5.2, for “CR 2.3 and CR 2.5”, substitute “CR 2.3 to CR 2.5”.

1. This Statement of Changes can be viewed at https://www.gov.uk/government/collections/immigration-rules-statement-of-changes. ↩