Changes to the Long Residence route: impact on Ukraine scheme participants

26 Nov 2024, 58 mins ago

For the attention of Ukraine Scheme permission holders

The UK government has just announced updates to the Immigration Rules concerning the Long Residence route. One of these changes has clarified that time spent in the UK under the Ukraine Scheme does not count toward the 10-year qualifying period required for settlement through the long residence route.

Purpose of the Ukraine scheme

The Ukraine Scheme was introduced to provide temporary sanctuary for Ukrainians fleeing the ongoing conflict in their home country. From the outset, the UK government has maintained that this scheme is not intended to provide a direct route to settlement in the UK. Instead, it serves as a temporary measure to support those affected by the conflict.

What is the Long Residence route?

The Long Residence route allows individuals to apply for settlement after 10 years of lawful residence in the UK, combining time spent under different eligible immigration categories. This pathway recognises the contributions of long-term residents and provides a clear framework for those seeking settlement.

The key change: clarifying eligibility

Time spent in the UK under the Ukraine Scheme will not count towards the 10-year qualifying period for settlement under the Long Residence route along with the time spent as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes). This change does not introduce a new policy, but rather makes explicit what has been the pre-existing policy position. This update ensures consistency between the written rules and the government’s original intent for the Ukraine Scheme.

Why this change?

The decision aligns with the core purpose of the Ukraine Scheme: providing temporary protection rather than permanent settlement opportunities.

Conclusion

The changes to the Long Residence route highlight the UK government’s ongoing commitment to providing sanctuary for Ukrainians in need while ensuring alignment with the policy’s original intent. It is essential for those affected to stay informed and consider alternative routes to settlement if they wish to make the UK their long-term home.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2024