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Erickson Immigration Group will continue to share updates to this page as more news is available. If you have questions about anything we’re reporting or case-specific questions, please contact your employer or EIG attorney.
The EU Member States activated the Temporary Protection Directive, under which Ukrainians will be granted a residence permit and access to education and the labor market.
On September 28, 2023, in order to provide certainty for more than 4 million Ukrainian refugees currently living in the EU, the Council agreed to extend the temporary protection for people fleeing from Russia’s war of aggression against Ukraine from March 4, 2024 to March 4, 2025.
Each Member State determines how to implement TPD within their borders. The operational guidelines, released on March 18, 2022, are intended to be a “living document” and regularly updated to reflect the evolving situation.
Still, Member States may extend temporary protection to additional categories of displaced persons over and above those to whom the Council Decision applies.
The Ukraine Family Scheme allows applicants to join family members or extend their stay in the UK. Everyone must make a separate application, even children traveling with a family member.
To apply to the Ukraine Family Scheme, applicants must:
be applying to join or accompany their UK-based family member: a British national, someone settled in the UK, someone from the EU, Iceland, Liechtenstein, Norway, or Switzerland who has pre-settled status, or someone with refugee status or humanitarian protection in the UK. The UK-based family member must be either an immediate family member; extended family member; the spouse or civil partner, unmarried partner, child, parent, or fiancé(e), or the proposed civil partner of the extended family member.
be Ukrainian, or the family member of a Ukrainian national who is applying to the scheme to join a UK-based immediate family member;
have been living in Ukraine on or immediately before 1 January 2022 (even if they have now left Ukraine).
Validity: Visa holders can stay in the UK for up to 3 years.
Fees: It is free to apply. Applicants do not need to pay the immigration health surcharge or biometric enrolment fee.
Ukrainians without familial ties to the UK can utilize the new sponsorship scheme, Homes for Ukraine. Everyone must make a separate application, even children traveling with a family member.
The scheme enables people and organizations in the UK (sponsors) to bring Ukrainians and their family members to the UK under the Homes for Ukraine Scheme.
Sponsors must be either:
To apply to the Ukraine Sponsorship Scheme, applicants must be Ukrainian, or the immediate family member of a Ukrainian national who has been granted permission under, or is applying to, and qualifies for, the Homes for Ukraine Sponsorship Scheme.
They must also:
Validity: Visa holders can stay in the UK for up to 3 years.
Fees: It is free to apply. Applicants do not need to pay the immigration health surcharge or biometric enrolment fee.
Read more information about applying to the Ukraine Sponsorship Scheme.
Under the Ukraine Extension Scheme, individuals can live, work and study in the UK if you’re Ukrainian or a close family member of a Ukrainian. They can apply for this scheme if one of the following is true:
Subject to the Parliamentary process, the Immigration Rules are expected to change in July 2023 to extend the eligibility for the Ukraine Extension Scheme to include those granted permission after 16 May and by 16 November 2023, with all applications to be made before 16 May 2024.
Individuals who were granted permission after 16 May 2023 can apply to the Ukraine Extension Scheme once the new rules are in force in August. However, they should wait until more information is available before submitting their application.
They should consider whether to keep their current visa or switch to the Ukraine Extension Scheme. This route does not currently lead to settlement – this means that they may not be able to count any time spent in the UK with this visa as part of an application for indefinite leave to remain in the UK in the future.
Validity: Visa holders can stay in the UK for up to 3 years.
Fees: It is free to apply. Applicants do not need to pay the immigration health surcharge or biometric enrolment fee.
On Monday, April 18, 2022, the Department of Homeland Security (DHS) posted the Federal Register notice on Temporary Protected Status (TPS) for Ukraine.
| TPS Designated Through: | April 19, 2025 |
|---|---|
| Re-Registration Period: | Aug. 21, 2023 – Oct. 20, 2023 |
| Registration Period: | Aug. 21, 2023 – April 19, 2025 |
| Continuous Residence in U.S. Since: | Aug. 16, 2023 |
| Continuous Physical Presence in U.S. Since: | Oct. 20, 2023 |
| TPS Designation Date: | April 19, 2022 |
| Current TPS Designation Date: | Oct. 20, 2023 |
| Federal Register Notice Citation: | 88 FR 56872 |
For additional information, please see the Federal Register notice.
Uniting for Ukraine is a streamlined process for Ukrainian citizens and others displaced by the war in Ukraine to apply for humanitarian parole in the United States.
The United States strongly encourages Ukrainians seeking refuge in the United States who do not have and are not eligible for a visa to seek entry via Uniting for Ukraine from Europe, this will be the safest and most efficient way to pursue temporary refuge in the United States. The U.S. government is working with European partners to ensure Ukrainians can meet the vaccination requirements of Uniting for Ukraine.
Beginning on April 25, 2022, any U.S. citizen or individual, including representatives of non-government organizations, can sponsor Ukrainian applicants. Sponsorship information and the application will be published on the DHS website on April 25. Sponsors must declare their financial support and meet the vaccinations and other public health requirements, and pass the biographic and biometric screening, vetting, and security checks.
The US Government advises Ukrainians to not travel to Mexico to gain entry to the United States. Following the launch of the Uniting for Ukraine program, Ukrainians who present at US ports of entry without a valid visa or pre-authorization via the program will be denied entry and told to apply through this program.
Individuals who seek authorization to travel to the United States via the Uniting for Ukraine process will need to confirm prior vaccination against measles, polio, and COVID-19.
If not previously vaccinated, individuals will need to receive a first dose of required vaccines prior to obtaining authorization to travel to the United States.
In addition, all individuals two years of age or older will need to complete a medical screening for tuberculosis, including an Interferon-Gamma Release Assays (IGRA) test, within 90 days of arrival to the United States. Ukrainian citizens will need to meet other travel requirements as outlined by the Centers for Disease Control and Prevention (CDC), including pre-departure testing for COVID-19.
Level 4: Do Not Travel Advisory. The Department of State continues to advise that U.S. citizens not travel to Ukraine due to active armed conflict. Those U.S citizens in Ukraine should depart if it is safe to do so using commercial or other privately available ground transportation options. Read the entire Travel Advisory here.
Due to the temporary suspension of immigrant visa services at Embassy Kyiv, the U.S. Department of State has designated Consulate General Frankfurt as the primary processing location for immigrant visas for residents of Ukraine. Individuals seeking IR-3 or 4 adoption visas should apply at Embassy Warsaw.
The Department of State will expand U.S. Refugee Admissions Program (USRAP) operations in Europe to provide eligible Ukrainians with greater access to refugee resettlement processing under the Lautenberg program and expand referral mechanisms for Ukrainians and others who need permanent resettlement.
The United States is working with European partners, the UN High Commissioner for Refugees, and NGOs to identify vulnerable Ukrainian citizens and others fleeing the conflict who may warrant permanent resettlement through USRAP. This includes women and girls, children, older persons with special needs, members of ethnic and religious minority groups, LGBTQI+ persons, persons with disabilities, medically fragile individuals, and stateless persons.
European embassies and consulates are increasing the number of nonimmigrant visa appointments and ensuring an expedited visa appointment program for individuals with humanitarian, medical, or other extraordinary circumstances to get priority access.
Ukrainians or the family member of a Ukrainian who want to apply for a visitor visa after July 15, 2023, can apply through the regular process.
Previously, IRCC introduced a Canada-Ukraine Authorization for Emergency Travel (CUAET), available for individuals fleeing Ukraine. This was the fastest and most efficient way for Ukrainians to come to Canada, eliminating many of the typical visa requirements. In addition, there was no limit to the number of Ukrainians who can apply.
IRCC has opened up a new permanent residency process for Ukraine nationals who have Canadian or permanent resident family living in Canada. The program is open until October 22, 2024.
Resources:
For all travellers entering Canada by air, land or marine mode:
Resources
Updated as of October 26, 2023
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