Over the past few months, I have been supporting several individuals who arrived in the UK through the Ukraine Family Scheme or the Homes for Ukraine sponsorship routes. These schemes were created with a humanitarian intention: to provide safety and stability for people fleeing war, regardless of complex circumstances.
However, a serious and unexpected policy gap has now emerged, one that is affecting families in Dundee, across Scotland, and throughout the UK.
This gap affects non-Ukrainian nationals who lived legally in Ukraine, many of whom held permanent residency (ILR) in Ukraine for many years. These are people who lived, worked, contributed to the community, and fled the war alongside their Ukrainian family members.
They arrived in the UK lawfully, many sponsored by a British citizen under the Ukraine Family Scheme. They were welcomed here, integrated, worked, studied, and rebuilt their lives.
But now, when they try to apply for the Ukraine Permission to Stay Extension Scheme, the digital system simply blocks them.
The System Only Recognises Ukrainian Nationals
The new extension application asks: “Who is your Ukrainian family member who travelled with you?”
If the person entering the details is not a Ukrainian citizen, the form does not allow them to proceed. It does not recognise:
- non-Ukrainians holding ILR in Ukraine
- non-Ukrainian spouses
- long-term residents of Ukraine
- non-Ukrainians sponsored by British family members
The system assumes that all applicants must have travelled with a Ukrainian family member.
But this is not true in many real-life cases. This flaw is excluding people who came here legally under government schemes designed to protect ALL those fleeing the conflict.
The Human Impact Is Serious
People affected by this gap:
- cannot extend their lawful stay
- cannot safely return to Ukraine
- cannot safely return to their home countries
- risk losing work, housing, and stability
- may be forced into the asylum system unnecessarily
This is not only unfair, but it also goes against the spirit of the humanitarian routes the UK created. This Is Not an Isolated Case; It Is a Policy Gap
As an immigration lawyer, I am seeing multiple cases with the same problem. It is clear that this is not an individual misunderstanding; it is a system design issue and a policy oversight. If not addressed, many families will fall out of status in the UK through no fault of their own.
A Call for Clarity and Fairness
I believe the Home Office should clarify:
- Whether non-Ukrainian long-term residents of Ukraine can extend their permission
- Whether the digital form can be updated to allow British family sponsors
- Whether discretion or Leave Outside the Rules can be applied
- How to prevent these individuals from being pushed into asylum
As a community, we must ensure that those who fled the same war receive fair treatment, regardless of nationality. I am raising this issue with local MPs and relevant organisations, and I encourage others working in immigration, community support, or public policy to do the same.
If you work with clients affected by this, or if you or your family are experiencing this situation, please feel free to reach out. We must ensure that humanitarian routes truly protect those they were designed for, and that no one is left behind because of a technical or policy gap.
