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Safe options for Ukrainians and Colombians coming to the UK shut down in latest statement of changes

Statement of changes HC 334 has been published today stating that the concession allowing Ukrainians to travel to the UK without the need to enrol their biometrics in advance will end on 18 December 2024. As of 3pm today, subject to transitional provisions, Colombians must obtain entry clearance before coming to the UK as a visitor.

The other main changes are that the Ukraine Permission Scheme will open at 9am on 4 February 2025 and Appendix Long Residence is being amended to explicitly exclude time spent in the UK under the Ukraine schemes.

Colombia added to visa national list from 3pm today

Colombia has been added to the list of countries that must apply for a visitor visa in advance of travelling to the UK. From 3pm today Appendix Visa National is amended to include Colombia and Appendix ETA National List will be amended to remove it as they will no longer be included in the countries that can use the Electronic Travel Authorisation process (this was due to take effect for Colombia from tomorrow).

I am sure you can all guess why they have done this. Paragraph 5.3 of the Explanatory Memorandum says:

The latest available published statistics demonstrate this trend with the number of asylum claims rising from 2, 4 and 7 in the first 3 quarters in 2022, to 105 in quarter 4 of 2022. There were 211, 176, 173 and 294 asylum claims in the 4 quarters of 2023, and there have been 227 and 241 asylum claims in the first 2 quarters of 2024. This compares to 19 asylum claims in 2019, 11 in 2020 and 6 in 2021. There have been more asylum claims per quarter in 2023 and 2024 than in the entire 10 years preceding the visa lift.

Better that they use the Channel, presumably.

There will be a transition period in place whereby Colombian nationals who have a confirmed travel booking made before 3pm on 26 November 2024 for travel to the UK before 3pm on 24 December 2024 will not be required to apply for a visit visa before travelling. If they already have a travel booking but it is to come to the UK after 3pm on 24 December 2024 then they will need to apply for a visitor visa in advance, the Explanatory Memorandum says that visa processing times are currently three weeks so best to apply now. Changing the date of travel on an already confirmed booking so as to arrive within the transition period will not help, a visitor visa must still be obtained in advance.

Ukraine

At 9am on 4 February 2025, the Ukraine Extension Scheme will close and the Ukraine Permission Extension Scheme will open. Those with leave under the current Ukraine schemes will be able to apply for a further 18 months of leave with the same rights they currently hold. Children born in the UK to parents with leave under the schemes will also be able to use this route.

A new paragraph 39E(6) introduces provisions for periods of overstaying of up to 90 days to be disregarded where the extension application is made between 4 February 2025 and 4 August 2025.

Appendix Long Residence is being amended to make clear that time spent in the UK with leave under the Ukraine schemes cannot be counted towards settlement.

The use of open ended permission to travel letters for Ukrainians will also be ended on 18 December 2024 through minor changes to the wording at paragraph UKR 11.2. This will now refer to “must have provided biometrics when required” instead of “must have provided any required biometrics”. UKR 11.3 is also being amended along the same lines, to make clear that biometric enrolment must take place for children as well. It seems that letters that have been issued before that date can continue to be used until 13 February 2025.

The Explanatory Memorandum states:

Some Ukrainians granted under the Ukraine schemes have been issued with permission to travel (PTT) letters in lieu of permission, as part of an exceptional, bespoke concession in response to the full-scale invasion of Ukraine, to allow individuals seeking sanctuary in the UK to travel quickly to safety. PTT letters were always intended to be used as part of the immediate response; it was never the intention that this temporary concession would be in place indefinitely. Therefore, these documents are being retired from use to ensure fairness with new applicants who are issued a Ukraine scheme visa.

I am not sure about the numbers of people who have been using this concession, but to reiterate, a process that allowed people “seeking sanctuary in the UK to travel quickly to safety” is being ended. The issue of insisting that people fleeing conflict zones somehow find a way to enrol their biometrics as part of an application to come to the UK has been the subject of litigation in relation to those trying to come from Gaza and the existing guidance is plainly insufficient. This statement of changes seems to mostly be about shutting down safe routes for people to come to the UK.


Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.

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Sonia Lenegan

Sonia Lenegan is an experienced immigration, asylum and public law solicitor. She has been practising for over ten years and was previously legal director at the Immigration Law Practitioners' Association and legal and policy director at Rainbow Migration. Sonia is the Editor of Free Movement.

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