The UPE scheme is intended to provide a further period of temporary sanctuary to individuals who have existing immigration permission under any of the Ukraine schemes (Ukraine Family Scheme, Homes for Ukraine Sponsorship scheme and Ukraine Extension Scheme). It also covers children born in the UK to a Ukrainian national parent with permission under one of the Ukraine schemes.

The extension process is not automatic and requires a formal application to be made before the expiry of existing permission. Although the process should be straightforward for most people, it may still cause uncertainty and anxiety, which employers should be aware of.

How are employers affected, and how can they help?

If you are an employer, you should ensure that a repeat right to work check is carried out before the expiry of your employee's existing immigration permission. You may also wish to consider their longer-term employment and any personal aspirations for remaining in the UK.

Verifying ongoing right to work

If you have an employee with permission under the Ukraine schemes, they may be concerned about their future in the UK and whether their employment may be disrupted during the extension process. To help them feel more confident and supported, you may wish to:

• Initially contact them according to your usual expiry reminder process, and find out whether they are intending to make a further application (either under the UPE scheme or otherwise);
• Encourage them to set up a UKVI account and eVisa if they haven't already done so – for further information see our eVisa FAQs;
• Ask them to let you know once their application for further permission has been submitted; and
• Carry out a repeat right to work check shortly before their current immigration permission is due to expire.

If your employee is applying under the UPE scheme, they can only make their application within 28 days of their existing immigration permission expiring. The Home Office aims to process UPE scheme applications within 8 weeks, so it is likely that they will spend some time during the extension process with statutory leave (sometimes referred to as 'section 3C leave'). What this means is that you will probably need to do two follow up checks – one while the application is pending, which will provide you with a statutory excuse for a further six months, and another one before the end of that six months, which should normally be enough time for the UPE application to have been decided.

If your employee has an eVisa, they may be able to issue you with a share code to enable you to carry out the follow-up checks using the online right to work check process. If they do not yet have an eVisa set up, or the online right to work check still shows their original permission expiry date, you should obtain the employee's permission to use the Employer Checking Service to verify their right to work.

Considering longer-term employment and settlement

According to a survey conducted by the Office for National Statistics in April 2024, over two thirds of respondents stated they intended to live in the UK most of the time if it became safe to return to Ukraine. Just under a third of respondents stated that they intended to apply for a work visa. Since this survey was conducted, the Government has reconfirmed that time spent in the UK under the Ukraine schemes (including UPE) does not lead to settlement in the UK. Due to changes made from 18 December 2024, time spent under these schemes also does not count towards settlement under the 10-year long residence route.

To anticipate and respond to enquiries from your employees, it may be beneficial for you to proactively consider the feasibility of sponsorship under the Skilled Worker or other relevant employer-sponsored settlement route.

For applicants: What are the eligibility requirements for the UPE scheme?

To be eligible under the UPE scheme, you must meet the following criteria:

1. Presence in the UK: You must be physically in the UK at the time the application is submitted, and should stay in the UK throughout processing. Travelling internationally will withdraw the application.
2. Application Timing: You must make the application when their current permission has 28 days or less remaining. Applying too early may result in the application being rejected.
3. Proof of Identity and biometrics: You'll need to provide proof of identity, such as a passport or a biometric residence permit (BRP), even if it has expired. A birth certificate will be required for a child born in the UK. Biometrics will also need to be enrolled as required.
4. Previous Permission: You must have been granted permission under one of the existing Ukraine Schemes, such as the Ukraine Sponsorship Scheme (Homes for Ukraine), Ukraine Family Scheme, or Ukraine Extension Scheme. Alternatively, you may have been granted permission in certain circumstances outside the Immigration Rules. If you have a UK-born baby who needs immigration permission, they may also apply.
5. Suitability: You must meet suitability requirements – criminality and other poor conduct may affect eligibility, as may a failure to accurately declare time spent outside the UK and Ukraine.
6. Residency in the UK: You must have been living in the UK (and Islands, including Guernsey, Jersey, and the Isle of Man) since you were granted permission under the Ukraine Schemes. Temporary absences from the UK, such as short visits or holidays, will generally not be regarded as living outside the UK. Temporary periods spent in Ukraine will be disregarded if they are no more than 12 months in total since the grant of permission. Temporary periods spent in third countries (outside the UK and Ukraine) of no more than 12 months in total may be disregarded if you can demonstrate ongoing ties to the UK, or that there are compelling compassionate or exceptional circumstances. If you have spent more than 12 months outside the UK (either in Ukraine or a third country), your ongoing ties to the UK and/or whether there are compelling compassionate or exceptional circumstances will be considered on a case-by-case basis.
7. Additional requirements for non-Ukrainian family members (for applications decided from 9 April 2025): Your relationship with your Ukrainian family member must be ongoing.
8. Additional requirements for non-Ukrainians who were granted permission as a partner: If you are a non-Ukrainian national with permission as the partner of a Ukrainian national under the schemes, you must either be in an ongoing relationship with that person, or be the parent or (for applications decided from 9 April 2025) legal guardian of a child who has permission (or who is eligible) under the Ukraine schemes.
9. Additional requirements for children: There is a parental consent requirement and there must be suitable arrangements for care an accommodation in the UK. 

Are there any fees applicable to the UPE scheme?

This is a free scheme – there is no requirement to pay a visa application fee or the immigration health surcharge.

How long is immigration permission granted under the UPE scheme?

A successful adult applicant will normally be given permission to stay in the UK for 18 months from the date of grant. A child applicant will normally have their permission granted in line with their parents.

What are the conditions of permission under the UPE scheme?

Permission under the UPE scheme allows access to work, study and public funds. Renting private accommodation is also allowed.

Conclusion

The Ukraine Permission Extension Scheme offers a vital opportunity for Ukrainian nationals and their family members to extend their stay in the UK. However, the process may be stressful for applicants. Also, the scheme continues to be intended only for temporary sanctuary in the UK, which means that those who wish to settle permanently may need to consider other options. Employers should be aware of these factors when making repeat right to work checks and having more general conversations with affected employees.

If you are an employer with queries about the UPE scheme or potential alternatives, please contact our Immigration team.