As is the case before employing anyone, an employer must conduct a ‘Right to Work’ check prior to employing a Ukrainian refugee.
It is important to know the difference between an asylum seeker and refugee. An asylum seeker is someone who has made a claim for asylum due to fear of persecution or human rights abuses and is awaiting a decision on their claim. An asylum seeker does not have permission to work in the UK until they have been granted refugee status, or they have been granted the right to work pending a decision on their asylum case. A refugee is someone who has made a successful asylum claim in the UK. A refugee has permission to work, study and bring dependent family members into the UK.
Ukrainian refugees have been granted various bespoke visa routes to the UK. These are the Ukraine Family Scheme Visa and the Ukraine Sponsorship Scheme (Homes for Ukraine Scheme). Relevant persons under these two Schemes will receive an official permission letter from UK Visas & Immigration, if they hold a valid Ukrainian passport which permits them to travel to the UK and have made a successful application under either of these Schemes.
A successful applicant under the Schemes will be able to live in the UK for up to 3 years, work and study in the UK and access public funds.
As a potential employer, you must enquire if these routes are relevant to any Ukrainian job applicant. You do not have different, or reduced, obligations when undertaking Right to Work checks in the case of a Ukrainian refugee. Usually, there is essentially a 3 step Right to Work check which, due to Covid restrictions can be completed via a video call until 30 September 2022. You must ensure the Ukrainian national has the right to work in the UK before they commence employment with your organisation.
You may find further information at https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa.
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