27/04/2022
Programs for refugees from Ukraine: answers to the most common questions from an immigration lawyer
The first refugees from Ukraine arrive in the UK under two new programs: family (for those who have relatives in Britain) and sponsorship (for those who are ready to be taken in by friends or strangers). Kommersant UK collected the most frequently asked questions in this regard and asked them to Inessa Pobeda, an immigration lawyer at Immigration UK.
— How can Ukrainian refugees get to Britain?
- In principle, all immigration programs that existed before the war can also apply to Ukrainian refugees. But now it is worth noting two main programs designed specifically for them. The first program is designed for those Ukrainians whose relatives live in the UK and have either British citizenship, or a residence permit, or pre-settled status.
The second program, which started only on the evening of March 18, is called Homes for Ukraine - it implies that people can move to the UK from Ukraine with the assistance of a sponsor, that is, a familiar or unfamiliar person who lives in the UK and is ready to open the doors of his house to Ukrainians.
Under the program for family members, a visa is issued immediately for three years. Under the Homes for Ukraine program, a visa is valid for six months, with a subsequent possibility of extension up to three years.
Yes, these programs have been “rocked” for a long time, they have been accepted for a long time, but the benefits that refugees from Ukraine now have are unprecedented and full-scale. The unprecedented nature of these programs is that they provide access to medicine, the labor market, education and social assistance. The country literally opened its shirt and said: "We are ready to do the maximum for you - we allow you to work, we give you the opportunity to be treated and educate your children."
— Under what program is it faster to get to the UK from Ukraine: family or sponsorship?
— It is difficult to answer this question unequivocally, because the checks are carried out for each program, and they are very similar - this is the verification of the authenticity of documents, a criminal record check (criminal check), etc. I find it difficult to say whether it is faster to get a visa under the family program or sponsorship, because the second program started only on March 18th.
If you are already familiar with the sponsor and write down all his data in the questionnaire, then technically this is equivalent to a visa for relatives, because the documentation is clearly provided on both sides. If the sponsor is unfamiliar with the family in need of housing, then there may be additional checks and additional interviews to make sure the people are a good match. The emotional background is very strong now, many people want to help... But even for the majority it is obvious that living with strangers (and with acquaintances, even close ones) in the same territory is not always easy. So, yes, it will probably be a little longer than with a family visa, but here the Home Office (Home Office) seeks to protect the interests of both parties, so that people are comfortable.
- Approximately what time period are we talking about?
- If we talk about family visas, then their consideration can take approximately two to seven days. Here I am on the side of the Home Office: they prioritize the consideration of applications from those refugees who really need a visa.
- Is it possible, having arrived on a family program, to switch to a sponsor visa already inside Britain? Some families, trying to take their loved ones out of Ukraine, faced the fact that their living conditions are rather modest...
- Technically, it's not written anywhere. The transition from one program to another within the country is not provided for by law. No one forbids relatives to live at a different address if there are people who are ready to help them with separate housing. However, it is worth noting that these programs somehow imply that you take some responsibility for the fact that you brought your relatives.
But it is worth noting that Ukrainians who arrived under the new programs have the right to work, both for hire and as a self-employed person. That is, people do not just move and sit on the neck of the state. Everyone who is able to work, who can work, has the opportunity to improve their standard of living on their own. They themselves will be able to subsequently decide whether to stay with relatives or rent a room or separate housing. Everyone has this choice.
In the case of older people, they can also apply for subsidies, for housing benefits, which will help pay for the rent of a house or a larger apartment. There will be no single itinerary for everyone, because everyone's circumstances are different.
- And if a Ukrainian was already in Britain before February 24 on a visa that restricts his stay here, for example, on a tourist visa, will he be able to switch to a new visa program for Ukrainians without leaving Britain?
– Yes, he will be able to switch to another visa category, including under the new family program, but he will not be able to apply for a visa under the Homes for Ukraine scheme, since the conditions of this visa require that a person be outside the UK (at least at the moment this is the case). Homes for Ukraine is more of a humanitarian aid. Many people tell me: “We want to apply for asylum.” But refugee is when you flee a country because you cannot live there because it is the state that does not give you such an opportunity, persecuting you for racial reasons, political views, or because you belong to a sexual minority. In Ukraine, the situation is completely different: despite the fact that we generalize a group of people, calling them all refugees, people are not fleeing from Ukraine, but from Russian aggression on the territory of Ukraine, from the war. These are completely different concepts.
Refugee can only be requested in the first safe country bordering Ukraine. However, the humanitarian program we are talking about was created for everyone who could get somewhere. In whichever country they feel comfortable and safe, there they ask for temporary asylum and humanitarian protection. And this protection depends on how the situation changes. Therefore, at first a visa is given for six months, but with the possibility of extension. If, say, in a year, the international community considers that the territory of Ukraine has become safe, technically the British government has the right to suspend visas and suspend valid visas so that people return home if they do not switch to other programs. However, this is a gradual stage, we are not talking about an instant solution.
— Who can become a sponsor under the Homes for Ukraine program?
- Any person who meets the criteria can become a sponsor. The requirements are now changing and being updated, all the latest information must be checked on the GOV.UK website (https://www.gov.uk/guidance/homes-for-ukraine-scheme-frequently-asked-questions), where you can subscribe to updates. Please, always refer to official sources, because, unfortunately, there are already cases when someone uses the system, profits from someone else's grief and gives out incorrect information.
About criteria. The Home Office has published guidelines for district administrations (councils) on who can sponsor and under what conditions. In principle, a sponsor can be any person who has the right to reside in the UK for more than six months and who owns or rents a home. If you are a tenant, then you need to obtain the consent of the landlord for the residence of certain persons. This is very important, because otherwise you yourself will break the law.
The program clearly states that accommodation for Ukrainians arriving under the sponsorship program cannot be rented. It is also stated that people should live in decent conditions: it cannot be a walk-through room or a room the size of a closet (box room), it should at least be a full-fledged room that closes and where residents feel comfortable.
— Are there any other requirements for living space that can be provided for living under the Homes for Ukraine scheme?
Yes, there are such requirements. There is an understanding of how old a baby can live in a room with their parents. Simply put, a married couple without children can live in one room. At least there should be a double bed and a wardrobe, there should be a passage. There is an understanding up to what age same-sex and opposite-sex children can sleep in the same room. There should be conditions for a decent life, not survival, this is not a place to sit out for a short time. Yes, when you are shot over your head and you come to another country, it seems that even the smallest room will do. But the UK has clearly stated its criteria for decent housing for every person.
- Under the Homes for Ukraine program, the British government promises to pay the host country 350 pounds per month. What is this amount for?
- Black and white, the state has prescribed that residents of Britain do not have the right to take rent from people who live with them under the Homes for Ukraine program. But utility bills will rise, and given that the country's gas and electricity bills have already risen very much, then, obviously, 350 pounds is the amount that compensates for the increase in utility bills due to an increase in the number of people living on living space of the receiving party.
- What happens after the Ukrainians come to Britain and settle down in the housing provided to them? Who will help them with administrative matters, such as opening a bank account, registering with a doctor, etc.?
- According to state websites, volunteers and charitable organizations will help. That is, we are not saying that the host family must necessarily be involved in all these issues, but often in practice it turns out faster. Or you can turn to individuals for help: lawyers, accountants - those who do this on a daily basis.
- How can those who come under new programs from Ukraine quickly access financial benefits?
— All existing programs are notthey mean that a person is going nowhere. We are not talking about refugees in the form when a person arrives at the border and has no one and nothing. Even when a person arrives under the Homes for Ukraine program, he is usually met and goes to a specific person's home. People who are ready to accept one person or family have common sense and are ready to support people at first. Therefore, if we talk about registration and payments, everything will depend on the person, on the help that they are ready to provide. You have reached the house, opened the computer and can register.
To open an account with a full-fledged bank, you need to provide proof of address, which can take up to a month. If a bank card or an online card is enough for relatives to transfer funds to you, this can be done in minutes.
Someone will take the first job that is offered to him, someone for some reason will look for a job that suits him for a long time. Each case must be considered individually.
“Many host families are thinking about providing refugees not only with shelter, but also with work, for example, as cleaners or housekeepers. How legal and ethical is this?
- From the point of view of ethics, I think everyone will decide for themselves. From a practical point of view, it is worth noting that the immigration law gave those coming from Ukraine under new programs the right to work for hire and as individual entrepreneurs. Many people will be looking for work, and of course it would be easier for them to work for someone they at least know and trust, especially since many of the language skills are lacking or at an elementary level.
The issue of ethics, it seems to me, should be decided individually within families, and very clear boundaries should be drawn so that people do not become hostages of the situation and think that since they live here, they are obliged to thank the owners. I hope for the prudence and respectful attitude of the British to the guests. If there is an opportunity to give work and if people do not mind, then you are welcome. But it is important to remember: there is always an option to find a job elsewhere.
— How will relations between host families and refugees be built? Do any documents on housekeeping, etc., need to be signed?
— The program is built on the human factor. It is not a set of rules, as is the case with employer and employee. There are requirements specified in the questionnaire that sponsors fill out: there must be access to a bathroom and toilet, to a kitchen, there must be a private space. And people who come under this program should at least be aware that they are going to another country (especially if they will live with strangers). I have lived in the UK for a long time and I know the difference in mentality, and I would advise from the very beginning to discuss the rules of this or that house, what is acceptable and what is not. These can be completely different things, from washing at a certain time of day (because some households use a nightly rate) to understanding the rules for cleaning the house. Then people will be much more comfortable from the very beginning. To avoid conflict, it is advisable to discuss everything in advance, write it down in writing and, if possible, translate these rules from English. This is more correct than silence and general discomfort. For example, when we arrive at the hotel, there is a reminder for the guests. I believe that people from both sides should make every effort to be comfortable living together.
- Can Ukrainians who arrived under the new programs leave the territory of the UK?
- There were a lot of talks about this. The Homes for Ukraine program is not a refugee, they don’t take your passport away from you. A Ukrainian passport with a chip gives the right to a visa-free travel regime with other countries, and a person has the right to travel if he can physically and financially afford it. But it is worth adding that you cannot ask for help in several countries at the same time, although for some reason many people think about it.
— Is it possible to organize the arrival of a friend or relative from Ukraine if he does not have a passport, for example, due to the fact that he had to leave the country as soon as possible and he could not take the documents?
— It is possible, but the information changes all the time, so the procedure will be different from what it is now. People who already have passports can apply online. All airlines are notified that people will take biometrics upon arrival and receive a residence permit for three years in the form of a plastic card. Those who do not have a passport, no documents, will take biometrics in the country from where they apply for a visa.
I personally contacted the consulates of Ukraine: they do not issue passports now, because it is impossible to conduct a quality check on the part of Ukraine. Despite this, in Ukraine there is an excellent program "Diya", which makes it possible to save your documents at least in electronic form - then it turns out that the documents technically exist. countries accept Ukrainians even simply by a birth certificate (for example, people gave their passport for exchange and did not have time to get a new one). Each host country compromises, but the process ends up taking longer.
- Children who come from Ukraine can immediately go to kindergartens and schools?
- Yes it is. It is not yet clear whether any document will be issued that educational services for these children are provided under a separate program, but schools are always ready to take the side of visitors. It is enough to apply through the website of the local district council (council), and there they must find a school in their place of residence. Most likely, children will also be provided with free school lunches, as many parents will be out of work for some time.
- What will be the process for a child from Ukraine, who has already identified developmental features, if additional support or a specialized school is needed?
- Of course, documentation will be needed, since without a diagnosis it is impossible to correctly provide assistance to the child. Here you have to go through the family doctor (GP). At the same time, you can enroll in a school. Application forms for the school are designed in such a way that there is always a question about whether the child needs additional support, whether he has a disability. You can describe in your own words what problems the child has. You will most likely need additional medical advice. But you can deal with doctors in parallel so as not to waste time, because, of course, to get an appointment with a specialist in Britain, it usually takes more time than in Ukraine.
