Changes To Ukraine Visa Schemes Could Spark Legal Challenges

Lawyers have warned that the government’s changes to the Ukraine visa schemes could be unlawful, with concerns set to be raised with a parliamentary committee.

Some lawyers have argued that Ukrainians in the UK will be left with “no choice but to litigate” after the government made the surprise announcement on Monday that the Ukraine family scheme, one of the three routes for Ukrainians to obtain visas, would be shut down.

While the government said that the Homes for Ukraine scheme would still allow people to obtain visas via a “simplified” process, the closure of the families scheme will have a marked impact on the ability of refugees themselves to sponsor Ukrainians coming to the UK. 

The rules have changed so that sponsors for new visas will now need to be British or Irish citizens, or have the right to live permanently in the UK, when previously a family member in the UK with refugee status could be a sponsor.

A number of lawyers have told PoliticsHome that the way the government has implemented these changes, however, could be unlawful, as the changes to sponsorship eligibility have been put in place immediately without any changes to the Immigration Rules.

Luke Piper, Solicitor and Head of Immigration at the Work Rights Centre charity said this needed to be looked at, as it had passed without scrutiny and without the usual 21-day period for changes to the Immigration Rules to be considered.

"The government's last-minute decision to change their policy and limit who Ukrainians can join in the UK highlights an important legal question: can the Home Office change its rules in the way they have without notice and scrutiny?” Piper said.

“Given the recent changes will separate families and keep people at risk of conflict, there