Ukraine Report

The situation in Ukraine is ongoing and subject to sudden changes and without notice.

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.

European Response to Ukrainian Refugee Crisis

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.

Who is Covered by Temporary Protection?
  • Ukrainian nationals residing in Ukraine who have been displaced on or after February 24, 2022, and their family members
  • Stateless persons and nationals of third countries other than Ukraine, who benefitted from international protection or equivalent national protection in Ukraine before February 24, 2022, and who have been displaced from Ukraine on or after February 24, 2022, and their family members.

Still, Member States may extend temporary protection to additional categories of displaced persons over and above those to whom the Council Decision applies.

Resources:

Rights in the EU

Operational Guidelines

UK Response

The UK Home Office is requiring visas for all Ukrainian entries. Different opportunities are available for Ukrainians based on their familial ties to the UK. 

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.

Read more information about the Ukraine Family Scheme.

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:

  • have been residing in Ukraine on or immediately before 1 January 2022 (including those who have now left Ukraine)
  • be outside of the UK
  • have an eligible UK-based sponsor, or you can choose the Scottish or Welsh Government as your sponsor

 

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:

  • they held permission to be in the UK on or between 18 March 2022 and 16 May 2023 – the permission does not need to cover the whole period
  • they previously held permission to be in the UK, and that permission expired on or after 1 January 2022


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.

US Response | DHS & DOS

Canada Response

Updated as of October 26, 2023