Can we employ Ukrainian refugees?

If you have an employee with Ukrainian relatives, the pathway to jobs can be opened up, irrespective of skill level, says Gemma Hyslop

The problem

A member of our hotel team, Anastasia, is a Polish national living in the UK with EU settled status. Her mother, sister and nephew are Ukrainians and Anastasia would like to sponsor her family to enter the UK. We would like to help by offering them a job, but we do not have an immigration sponsorship licence.

The law

In March 2022 the UK government opened two new visa routes for Ukrainians to enter and remain in the UK – the Ukraine Family Scheme and the Homes for Ukraine Scheme.

British citizens and other UK-based family members can act as sponsors under the Ukraine Family Scheme. An applicant under the Ukraine Family Scheme must:

• Be a Ukrainian national, or the immediate family member of a Ukrainian national who is also applying;
• Be applying to join or accompany a UK-based immediate or extended family member; and
• Have been residing in Ukraine on or immediately before 1 January 2022.

Sponsorship can be provided to a wide range of individuals, including immediate family members, fiancé(e)s/proposed civil partners, or the sponsor’s extended family, including parents, grandparents, grandchildren, siblings and nieces/nephews.

The Homes for Ukraine Scheme permits individuals of any nationality with any immigration status in the UK (provided they have at least six months leave to remain in the UK) to provide accommodation in the UK for a Ukrainian national or the immediate family member of a Ukrainian national for a minimum of six months. Security and safeguarding checks apply.

An applicant under the Homes for Ukraine Scheme must:

• Be a Ukrainian national or the immediate family member of a Ukrainian national;
• Have a suitable sponsor; and
• Have been residing in Ukraine on or immediately before 1 January 2022.

Visas issued under both schemes are awarded for up to three years, providing immediate access to employment, benefits and healthcare. There are no English language testing requirements. Typically, applicants can enrol biometric details digitally. There are no government application fees payable and applications are automatically prioritised.

Expert advice

A business is not required to hold a UK sponsor licence for sponsorship to be provided under either the Ukraine Family Scheme or the Homes for Ukraine Scheme. The hotel employee Anastasia can instead act as a sponsor and utilise either scheme for her family since she holds EU settled status.

The primary visa route for Ukrainians trying to enter or remain in the UK is the Ukraine Family Scheme. Anastasia’s family members would qualify for sponsorship since they are Ukrainian and they fall within the definition of ‘extended family’. The family members must, however, have resided in Ukraine on or immediately before 1 January 2021 to be eligible to apply.

The hotel would be permitted to offer any role to Anastasia’s family, regardless of skill level, since the Ukraine Family Scheme visa provides immediate access to employment in the UK.

To-do checklist

Do:

• Note both schemes carry the immediate right to work with full access to the UK labour market – no further sponsorship required.
• Disregard English language testing requirements.
• Sign up to the Homes for Ukraine Scheme if you or a group wishes to provide accommodation to Ukrainian nationals.
• Conduct a right to work check once the applicants are in the UK so they can start work.

Don’t:

• Assume a visa extension or UK settlement after the initial three-year period.
• Forget to check whether applicant(s) resided in Ukraine on or before 1 January 2022.

Beware

A potential pitfall with both Ukraine schemes is that visas issued will be valid for ‘up to three years’. The UK Home Office has not currently mentioned that the visas can be extended further or be a pathway to settlement in the UK.

*Gemma Hyslop is a senior manager at global immigration law firm Fragomen LLP

ghyslop@fragomen.com*