One of the underlying principles in UK law is that children’s safeguards and wellbeing must be at the forefront of any government decision. This is clearly protected under section 55 of the Borders and Citizenship Immigration Act 2009 and is known by the term ‘Best Interests of the Child‘ principle.

Best Interests of the Child Principle

Under immigration law and the implementation of the Best Interests of the Child’ principle, children’s interests must be the primary consideration (although not the sole consideration) for the Home Office when considering any actions that may affect children. This approach is enshrined in law by a case called ZH (Tanzania).

The government has now announced the introduction of The Ukrainian Family Scheme; this is in addition to the concessions under the Family Migration Visa, which were announced on the 27^th of February 2022 and allowed certain Ukrainians to come and stay in the UK. We covered these concessions in our previous blog post. The number of people covered under the initial concessions was quite limited and the government has faced pressure to do more, especially as other European nations are allowing many more Ukraine nationals to enter.

Following this pressure, on the 1^st of March, the government announced that they would be expanding the Ukrainian Humanitarian Route. There are two parts to this, the Ukrainian Family Scheme, which allows British nationals and settled people in the UK to invite their family members, and a local sponsorship scheme, which allows UK residents to sponsor families or individuals to come to the UK.

As the humanitarian situation in Ukraine worsens, the UK government has recently (on the 27^th of February 2022) published guidance in response to the call for humanitarian help, by allowing certain Ukrainians to come and stay in the UK.

The Ukrinane Abroad Concession

Unfortunately, this concession only covers a very limited group of people and does not create any new visas that didn’t exist prior to this crisis. It allows Ukranian family members of British nationals to apply for a family migration visa, free of charge, if the British national usually lives in Ukraine.

The government has recently published a very welcome Home Office concession, which will allow certain young people who were born or brought up in the UK without immigration status to be eligible to apply for Indefinite Leave to Remain (ILR) in the UK after five years of lawful residence, rather than the normal ten years route.

Traditional 10 Year Family and Private Life Route to ILR

Under the current Immigration Rules, an undocumented migrant can apply for leave to remain in the UK on the basis that it would otherwise disproportionately interfere with their Private Life, as protected under Article 8 of the European Conventions on Human Rights. This is provided for under Immigration Rules part 7, with one of the sections (Paragraph 276ADE(1)(v)) specifically catering for people aged 18-24 inclusive, who have spent half of their life living continuously in the UK, to apply for permission to stay, which is normally granted for 30 months. The applicant is required to continually extend this leave until they complete 10 years of lawful residence to qualify for ILR/Settlement – this is what is called the ten-year route to settlement.