New Asylum and Returns Policy by Home Secretary: does it apply to Ukrainians?

Last week, British Home Secretary Shabana Mahmood announced a major reform of immigration policy regarding refugees and asylum seekers. The new rules have already caused controversy and misunderstanding among some Ukrainians who moved to the country after the full-scale invasion in 2022.

The reform covers several areas, and will be implemented in stages with exact dates yet to be determined. One of the most discussed aspects of the reform among Ukrainians on social media is that refugees could now be sent back to their country of origin if there is a change of conditions there.

Thomas Brayford, Political Affairs Manager at British Council, said: “The UK’s new approach to refugee protection is basically about making refugee status temporary. Instead of getting five years and then usually settling permanently, refugees will now get shorter periods of permission and the Home Office will regularly check whether they still need protection.”

As of 31 December 2024, according to Statista Research Department, there were over 250,000 Ukrainians living in the UK who had left their country due to the war. However, they are not considered as refugees or asylum seekers. Natalia Beley, Refugee Resettlement Officer in Islington Council, explained the confusion: “Ukrainian nationals on the Ukraine Schemes do not hold refugee status but rather temporary protection leave. While the term ‘refugee’ is often used informally to describe those fleeing the war, in legal terms they are not granted refugee status.”

Iryna Hordiienko, a Ukrainian woman who moved to the UK after the Russian invasion, was one of those who wrote about the new rules on social media. “I felt worried and uncertain. I am afraid of losing the stability I already have in the UK,” she said. “I feel happy here, I have a good job and friends.”

Immigration lawyer Ruslan Kosarenko confirmed the “increase in cases” and “growing fear and anxiety” among both his long-standing Ukrainian clients and those seeking assistance for the first time. “Sadly, many Ukrainians face bombardment of news on UK immigration changes, mixed with rumours and opinions, and this does not offer much comfort or hope to those who are just seeking a safe haven,” he added.

Although the proposed changes to immigration policy do not apply to visa holders under the Ukraine Schemes, this does not change the UK Visas and Immigration’s (UKVI) current position - programmes for Ukraine do not lead to permanent residence.