The British immigration system after Brexit has become much more complicated, as different categories of foreigners have received separate rules of residence, different deadlines for submitting documents and different grounds for legalization. For Ukrainians who have found themselves in the UK under different circumstances, it is important not to confuse humanitarian visa programs, family routes and schemes related to the rights of citizens of the European Union. It is because of such differences that the same person may be entitled to one type of status, but not fall under another, even if they have been living, working or have family in the UK for a long time.
The essence of the EU Settlement Scheme after Brexit
After Brexit, the UK changed the rules of residence for citizens of the European Union and their family members, so the EU Settlement Scheme has become a separate legal mechanism for those whose right to live in the country was formed before the end of the transition period. For Ukrainians, this scheme is not a general legalisation route, but it may be relevant for people who are married, in a partnership or in a family relationship with an EU, EEA or Swiss citizen. In such cases, the decisive factor is not the fact of residence in the UK or a Ukrainian visa, but documents confirming a long-standing family relationship until 31 December 2020.
The EU Settlement Scheme was created for EU, EEA and Swiss citizens, as well as for their family members who had the right to reside in the UK before the end of the Brexit transition period. The scheme allows you to obtain pre-settled status or settled status depending on the length of residence and the fulfillment of the conditions.
For Ukrainians, the main thing is the family relationship with an EU citizen. A person can be a citizen of Ukraine but apply for status through the EUSS if they are the wife, husband, civil partner, long-term partner, child under 21 or dependent relative of an EU citizen, and the relevant relationship existed until the end of 2020.
Why the scheme is not suitable for most Ukrainians after 2022
Ukrainians who came to the UK after the start of the full-scale war under the Homes for Ukraine, Ukraine Family Scheme or Ukraine Extension Scheme schemes are usually not automatically transferred to the EUSS. These schemes have a different legal nature, as they were created as separate routes for Ukrainians who needed protection and permission to stay after 2022.
The EUSS is linked to Brexit, so it is not the date of arrival of the Ukrainian in the UK after the war that matters, but the availability of the right through a family connection with an EU citizen by 31 December 2020. As a result, people who have a Ukrainian visa but do not have such a connection cannot rely on this scheme as a universal route to long-term status.
The most realistic grounds are for Ukrainians who were or are married to an EU citizen, had a civil partnership, lived in a stable partnership before Brexit, or are dependent relatives of such a person. In the case of children, the age, family connection and status of one of the parents are important.
For long-term partners, the situation is more complicated than for spouses, because it is necessary to prove not only acquaintance or a romantic relationship, but also the stable nature of the relationship. Documents must show that the couple actually lived together or had a serious and long-term relationship before the end of the Brexit transition period.
The Home Office assesses documents, not general explanations. The strongest evidence may include marriage or civil partnership certificates, joint tenancy agreements, bank statements, utility bills, proof of joint address, financial dependency documents, tickets, photographs, correspondence and other dated materials.
Evidence relating to the period up to 31 December 2020 is of particular importance. If the documents appeared much later, the applicant must explain how they confirm the relationship that existed before. A weak application is when it is built only on general words without dates, official documents and a consistent chronology.
The main deadline for submitting applications for EUSS has long passed, however late applications can be considered if there are reasonable grounds. For Ukrainians, such reasons may include ignorance of the right to apply, living outside the UK, difficulties with documents, family circumstances or circumstances related to the war.
The explanation must be specific and consistent. It should show why the person did not apply earlier, when they learned about the possibility of applying, what documents they collected, what circumstances prevented them from applying on time, and why the application is being submitted now. A general phrase about a difficult situation usually looks weaker than a short chronology with confirmations.
Pre-settled status usually applies to people who do not yet have a sufficient period of continuous residence in Britain. This status gives the right to live, work, study, and use certain services, but requires compliance with the terms and rules of stay.
Settled status can be obtained by those who have fulfilled the conditions of long-term residence. It is important for the applicant to keep evidence of his stay in Britain, not to violate the permissible periods of absence, and to move on to the next status in time, if there are grounds for this.
Typical mistakes of Ukrainians
The most common mistake is that the EUSS is perceived as a program for all Ukrainians in Britain. In fact, it is tied to Brexit and family ties with an EU citizen, so a Ukrainian visa after 2022 does not in itself open access to this scheme.
Another problem arises when people submit weak evidence of partnership. Photos, short correspondence or separate trips can help, but they rarely replace documents that show cohabitation, financial ties or stability of the relationship until the end of 2020.
Before applying, it is worth gathering documents in a logical sequence: the applicant’s identity, EU citizen status, the nature of the family relationship, evidence until 31 December 2020, an explanation for the late application and confirmation of the current situation. A well-prepared case should read like a clear chronology, where each document explains a specific part of the story.
Ukrainians who doubt their grounds should check the date of the family relationship especially carefully. If the marriage, partnership or dependency was formed after the end of the Brexit transition period, the EUSS is unlikely to be the right route, even if the person has been in the UK for a long time under another scheme.
The EU Settlement Scheme could become a route to legalisation for a limited group of Ukrainians who have a documented connection to an EU, EEA or Swiss citizen by 31 December 2020. For the majority of Ukrainians who arrived in the UK after 2022 under special visa schemes, this scheme does not replace the Ukrainian extension routes. The main thing in the EUSS is not the nationality of the applicant, but the legal connection with the Brexit rules, proven by documents and presented in a clear chronology.
