Applications open at 9:00 am (UK time) on 04.02.2025.

Submit applications when your current permission has 28 days or less remaining.

Use calculator to check the time frame for submitting your application.

Early applications will be rejected.

Late applications may still be considered but could result in loss of entitlement to
work, rent, or receive benefits until a decision is made. Repayment of public funds (e.g.,
benefits) may be required if a late application is submitted.

Eligibility Criteria:

  • Applicants must hold permission under one of the Ukraine Schemes or exceptional
    circumstances.
  • Applicants must be in the UK at the time of application and continuously reside in
    the UK since receiving permission.

How to Apply:
Submit applications online via the ‘UK Immigration: ID Check’ app.

For more information visit the government website.

There is no application fee.

Documentation: Passport (or expired BRP), proof of UK residency (e.g., utility bills,
rental agreements), and for children, proof of the parent’s immigration status under
the Ukraine Schemes.

Travel Restrictions: Applicants must remain in the UK during processing (approximately 8
weeks). Exiting the UK will withdraw the application.
Outcome: Successful applicants will receive an 18-month extension, reflected in their
immigration account.

Children born in the UK if parents hold the Ukraine scheme should apply for UPE instead of
the Ukraine extension scheme from 9:00 AM 04.02.2024

You can download our Settled – Ukraine UPE/asylum-related questions below by clicking here in English and Ukrainian.

UPE 3C Leave for Ukraine Permission Extension Scheme Applicants

If you have submitted your application for the Ukraine Permission Extension Scheme (UPE) on time, your existing rights in the UK will be automatically extended under Section 3C leave of the UK immigration law while you await a decision on your application. This means you can continue to live, work, study, and access public funds in the UK while your application is being processed.

1. What is 3C Leave?

3C Leave automatically extends your previous permission to stay in the UK while your immigration application is still being considered. This ensures that, until a decision is made on your UPE application, you maintain the same rights and status you held before your leave expired. As a result, you can continue to live in the UK without the risk of unlawful status during the waiting period.

What Rights Are Extended Under 3C Leave?

While your application for the Ukraine Extension Scheme (UPE) is under consideration, your existing rights will remain as follows:

  • Work: You may continue working in the UK under the same conditions.
  • Study: You can continue your studies if you are enrolled in an educational program.
  • Access to Public Funds: You are entitled to access public funds (benefits) that you qualify for under UK law.
  • Residence: You can remain in the UK without fearing unlawful status as long as your application is pending.

Proving Your Rights While You Wait

While your UPE application is being processed, you may face challenges when trying to prove your right to stay, work, or access public funds. The Home Office does not automatically provide proof of Section 3C Leave, which can lead to difficulties when you need to provide evidence of your status (e.g., to employers, landlords, or government services).

How to Request Digital Proof of Section 3C Leave

To avoid complications in demonstrating your rights while awaiting the decision on your UPE application, you can request digital proof of your Section 3C Leave. Although the Home Office does not have a standard procedure for issuing this proof, you can take the following steps:

  1. Request Digital Proof: When your UPE application is under consideration, you can generate a Share Codeto prove your immigration status. This code will provide digital proof of your rights under Section 3C Leave.
    • Check Your Immigration Account: Your immigration account should reflect the automatic extension of your stay. The end date of your stay in the UK should no longer appear in your account during the consideration period of the UPE application.

If you continue to experience challenges proving your Section 3C Leave status or encounter difficulties in demonstrating your rights while waiting, you can contact Settled for further assistance. You can reach us through our referral form or by email at [email protected]

By following these steps, you can protect your rights while you await a decision on your UPE application.”

From my perspective, this information should go to a subsection on the UPE section of the settled website.

II Common questions about UPE and asylum-related questions.

1. Can a Ukrainian national apply for the Ukraine Permission Extension (UPE) while awaiting a decision on their asylum application if their leave under the Ukrainian Scheme expires?

Yes, a Ukrainian national who has applied for asylum in the UK and is awaiting an interview or decision can apply for the UPE if their leave under the Ukrainian Scheme expires.

No restrictions are preventing them from making an application.

However, the Home Office is likely to apply its policy on variation of applications, which states:

  • A later application cannot vary a human rights claim (including asylum applications).
  • If a person with an outstanding asylum application is granted a non-human rights visa (such as UPE), the asylum claim is considered withdrawn.
  • If the non-human rights application is refused, the Home Office will assess how to proceed with the outstanding asylum claim.

Therefore, applying for UPE alongside an asylum application may lead to the withdrawal of the asylum claim if UPE is granted.

2. What happens if a Ukrainian national with valid Leave to Remain (LTR) applies for asylum, and their LTR expires while awaiting a decision?

When a Ukrainian national applies for asylum while holding valid LTR, their leave is automatically extended under Section 3C of the Immigration Act 1971 if their application (or an appeal) is still pending. This ensures they remain lawfully present in the UK.

However, if their previous LTR was under a Ukraine Scheme, they may be eligible to apply for UPE.

Therefore, applying for UPE alongside an asylum application may lead to the withdrawal of the asylum claim if UPE is granted.

3. Can an asylum seeker switch to a Skilled Worker or another visa route?

No, UK immigration rules generally prohibit asylum seekers from switching to most visa routes, including the Skilled Worker visa, while their asylum application is pending.

Per the Home Office guidance, a person cannot switch to a Skilled Worker visa if they were last granted permission:

  • Outside the immigration rules (e.g., discretionary leave on humanitarian grounds).

Additionally, as per the variation policy, an asylum claim is treated as withdrawn if a subsequent non-human rights application (e.g., Skilled Worker) is granted. If refused, the applicant’s asylum claim may continue.

Therefore, an asylum seeker cannot switch to a Skilled Worker visa while their asylum application is ongoing.

4. What happens if a Ukrainian national applies for both asylum and an extension of their LTR under UPE?

While UK immigration rules do not explicitly prohibit holding multiple applications, the Home Office follows a simultaneous applications policy:

  • If a person submits two applications at the same time, the Home Office will ask them to confirm which one they want to proceed with within 14 days.
  • If no response is given, both applications will be treated as invalid.

This means that a Ukrainian national cannot hold both an asylum application and a UPE application at the same time. They must choose one to proceed with.

5. A Ukrainian national with valid Homes for Ukraine (H4U) Leave to Remain (LTR) applies for asylum, but their asylum claim is refused, and they appeal. Can they switch to another route during the appeal?

5.1 Switching During Appeal

  • While an asylum appeal is pending, the applicant remains on Section 3C leave, which extends their existing leave until the appeal is resolved.
  • However, they generally cannot switch to another immigration route (e.g., Skilled Worker visa or Appendix FM) while their asylum appeal is ongoing.

Therefore, the applicant would need to await the outcome of their asylum appeal before applying under another immigration category.

5.2 If their original Ukrainian Scheme leave has expired, they may still be eligible for UPE.

The immigration rules part I paragraph 39E (6) states that an application may be valid if the applicant has previously been granted permission under any of the Ukraine Schemes, even if it was not their most recent grant of permission.

The applicant must apply for permission to stay under the Ukraine Permission Extension Scheme within 90 days of the expiration of their previous permission.

Additionally, the application must be submitted between 4 February 2025 and 4 August 2025.

This provision ensures that individuals can benefit from further sanctuary in the UK, even if they cannot extend their permission under the route they had switched to.

6. A Ukrainian with valid LTR under the Ukrainian Scheme applies for asylum while LTR is valid. The UKR LTR lapses while awaiting a decision. The asylum claim is refused, and the applicant does not wish to pursue an appeal.

If the applicant chooses not to appeal the asylum refusal, their Section 3C leave ceases 14 days after the refusal decision.

Within this 14-day window, the applicant can apply to switch to another immigration category, such as the Skilled Worker visa or Appendix FM Partner route, provided they meet the eligibility criteria for the new category.

The applicant may still be eligible to apply for the UPE, even if their most recent leave was under a different visa route, as long as they had previously been granted permission under one of the Ukraine Schemes.

The immigration rules part I paragraph 39E (6) states that an application may be valid if the applicant has previously been granted permission under any of the Ukraine Schemes, even if it was not their most recent grant of permission.

The applicant must apply for permission to stay under the Ukraine Permission Extension Scheme within 90 days of the expiration of their previous permission.

Additionally, the application must be submitted between 4 February 2025 and 4 August 2025.

This provision ensures that individuals can benefit from further sanctuary in the UK, even if they cannot extend their permission under the route they had switched to.

7. If a Ukrainian national applies for asylum in the UK but is refused, do they retain the right to access all benefits provided under the Ukrainian Scheme if their leave under the scheme is still valid?

If a Ukrainian national had leave under the Ukraine Scheme at the time they submitted their asylum application, the Home Office would assess their case based on its policy on variation of applications:

  • A human rights application, including an asylum claim, cannot be altered by a later application.
  • If an individual submits a non-human rights application (e.g., UPE) after their asylum claim, and it is granted, the asylum claim will be automatically withdrawn. The Home Office will notify the applicant of this decision using the ‘Withdrawal’ template.
  • If the non-human rights application is refused, the Home Office will determine the next steps for the asylum claim and seek guidance from the Administrative Policy team if necessary.

This means that applying for UPE or another non-human rights route while an asylum claim is pending may result in the asylum claim being withdrawn if the second application is successful.

7.2 If the applicant lodges an appeal, their leave is extended under Section 3C, which means they continue to have access to benefits.

A Ukrainian national who applies for asylum in the UK while holding valid leave under the Ukrainian Scheme retains full access to public funds and benefits associated with that leave, including Universal Credit, Housing Benefit, and Child Benefit. Submitting an asylum application does not impact their entitlement as long as their Ukrainian Scheme leave remains valid.

If the asylum claim is refused and the applicant lodges an appeal, their leave is automatically extended under Section 3C of the Immigration Act 1971, maintaining their eligibility for public funds throughout the appeal process.

However, if the appeal is unsuccessful and their leave expires, they lose access to mainstream benefits and become overstayers unless they qualify for an alternative immigration route.

In such cases, they may apply for asylum support under Section 95 or Section 4 of the Immigration and Asylum Act 1999, which provides limited financial assistance and accommodation. Alternatively, if they were previously granted leave under a Ukraine Scheme, they may still be eligible to apply for the Ukraine Permission Extension (UPE), which, if granted, would restore their right to work and access public funds.

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