Reunited at Last: How Law for Change Supported the Work Rights Centre in Reforming the Homes for Ukraine Scheme, Reuniting Parents With Their Children
In a victory for Ukrainian family reunification, Law for Change is proud to have supported the Work Rights Centre in successfully challenging restrictive changes to the Homes for Ukraine Scheme. The legal action has led to a reversal of policy changes that left Ukrainian parents in the UK unable to bring their children to safety.
In February 2024, the UK government made unexpected changes to the Ukraine Visa Schemes. The Ukraine Family Scheme (UFS) was immediately closed, the Ukraine Extension Scheme discontinued for those born outside the UK, and the eligibility of sponsors under the Homes for Ukraine Sponsorship Scheme (HFUSS) was drastically restricted. These changes removed the right of many Ukrainians living in the UK to act as sponsors for their family members.
Previously, under the UFS and HFUSS, Ukrainian nationals and others with legal residence in the UK could sponsor a wide range of relatives and non-relatives to join them. However, the abolition of the UFS and the revision of the HFUSS limited sponsorship to British or Irish citizens or those with indefinite leave to remain. These changes cut off a crucial route to family reunification as Ukrainians without indefinite leave to remain, which accounts for a large proportion of those who have arrived in the UK since Russia’s invasion, are now unable to sponsor their family. These changes have had devastating consequences as Ukrainians and their relatives now have significantly fewer options to travel safely to the UK, increasing the risk of human trafficking and labour exploitation.
The Human Cost of Policy Change
Many Ukrainians fleeing the war had arrived in the UK alone or with partial family groups, planning to reunite with loved ones through existing visa schemes. Yet these abrupt changes left them restricted in their ability to bring over children or extended family members almost overnight.
The Work Rights Centre saw the devastating impact of these changes immediately, particularly for those who had left children behind whilst they secured work and housing in the UK.
Natalyia, a single mother, described the heartbreak to the Work Rights Centre:
Speaking to Matt Dathan, Ukrainian national Olga, who had done everything to prepare for her son’s arrival, from securing work, housing and setting up a room just for him - shared how she found herself suddenly ineligible to sponsor him:
Law for Change’s Response
In May 2024, the Work Rights Centre approached Law for Change for support. Recognising the urgent need for legal intervention, Law for Change agreed to provide an indemnity against adverse costs, enabling the Work Rights Centre to pursue judicial review proceedings protected from the cost risk which would have been too large for the charity to absorb.
The legal challenge focused on the government’s failure to conduct a sufficient consultation and its departure from proper legislative process, through bypassing the established convention that changes to Immigration Rules should take effect no earlier than 21 days after being laid in Parliament.
Following pre-action correspondence and the submission of extensive evidence by the Work Rights Centre, the government agreed to review its position.
A Welcome Reversal
On the 31st January 2025, the Ministry of Housing, Communities and Local Government issued revised guidance and enacted the new Homes for Ukraine scheme. Under the updated guidance, Ukrainian nationals, with status under the Ukraine Visa Schemes, can now sponsor their children (under the age of 18) to join them in the UK. These children will receive permission to stay for up to 18 months, with access to education, healthcare, benefits and other vital resources.
A Step Forward - But More Work to Be Done
Kasia Figiel, Deputy CEO of the Work Rights Centre, welcomed the change:
‘‘When the government made the abrupt changes to the Ukraine Visa schemes in February 2024, we saw an immediate impact on Ukrainian nationals, forced apart from their loved ones. We heard from hundreds of Ukrainians separated from family members, concerned about their safety, and trying to bring them to the UK.
We are delighted that the new Homes for Ukraine scheme guidance, published at the end of January 2025 allows Ukrainian nationals with status under the Ukraine scheme to sponsor their children to join them in the UK - without needing a sponsor with British citizenship or ILR, as the February changes originally proposed.
The immediate impact is that Ukrainian nationals who found safety in the UK after the full-scale Russian invasion are now able to reunite with their minor children. The media coverage around the recent changes have also brought the plight of Ukrainian nationals in the UK back into the public sphere.
We are grateful for the support from Law for Change. Without it we would not have been able to pursue this legal challenge, as the cost risk would have been too large for our charity to absorb.’’
While the policy reversal is a significant win, many Ukrainians remain separated from extended family members who do not qualify under the revised guidance. In light of the government’s response and legal advice, the Work Rights Centre decided to conclude the judicial review, focusing instead on supporting individual applications and challenging unjust decisions on a case-by-case basis.
Law for Change is honoured to have played a part in this impactful legal challenge. The outcome not only restores a path to safety for many Ukrainian children but underscores the power of strategic litigation to protect fundamental rights.
Read more about the case in The Independent or BBC.
