Due to the conflict in Ukraine The Home Office has set up visa schemes to provide support for Ukrainian nationals and their families. Those who are granted a visa under these schemes can work, rent a home, and access public services, such as education and medical treatment
Employer are recommended to read the GOV.UK guide Ukrainian Nationals and right to works checks (accessible version) to help them to recognise the documentation that potential job applicants will need to provide to the employer.
Ukraine Family Scheme
The Homes for Ukraine and Ukraine Family Scheme will enable family members of British nationals and people who are settled in the United Kingdom to gain immediate entry to the United Kingdom. They will have the right to remain in the United Kingdom for 3 years and they will also have the right to work. Ukrainian family applicants will not have to pay a fee for the visa and will not have to take an English test.
Employers should note that a Ukrainian national cannot work until they have the right to remain and can show the relevant documents.
The Home Office has supplied a concession to allow Ukrainians to apply for any of the schemes without the need to give biometric information at an overseas Visa Application Centre. Applicants instead will be given a letter to allow them to travel to the United Kingdom. When the applicants arrive in the United Kingdom their passports will be stamped. They will then have permission to remain in the country for 6 months. These applicants can apply for public funding and assume employment.
Applicants who have permission to remain in the United Kingdom can then apply for a Biometric Permit. This will then enable them to remain in the United Kingdom for 36 months. Those with a stamp or visa in their passport will only have a time limit to stay and work-in the United Kingdom. Employers must check the documents and keep a record as per the Home Office guidance. Employers will be able to use the Home Office online checking service to conduct checks for applicants presenting Biometric Residence Permits.
If a Ukrainian national is unable to supply a Ukrainian passport they will have to supply their biometric information at a Visa Application Centre in Europe. They will then get a permission to enter the United Kingdom and they will be given a Form for Affixing the Visa. On arrival their Biometric Residence Permit will be collected, and this can be used to conduct right to work checks on the Home Office online checking service. The Form for Affixing the Visa can be used as documentary evidence of the right to work but it will not satisfy a right to work check.
Positive Verification Notice
Employers will have to obtain a Positive Verification Notice from the Employer Checking Service. The Home Office expects on arrival in the United Kingdom that individuals will collect the Biometric Residence Permit. This is the relevant document for a right to work check.
This article is a guide to the law and does not constitute legal advice. For further guidance please see Home Office updated Right to Work Guidance Annex F and Ukrainian Nationals and right to works checks (accessible version)
Should you require advice about Ukrainian nationals right to work issues Contact the Quest Advice Line on 01455 852028.
