Refugee and Asylum Programs for Sudanese and Ukrainian nationals
Worsening conflict and humanitarian crises in Sudan and Ukraine have displaced millions and made the availability of refugee processing and relocation an urgent matter for discussion and action. This blog aims to help summarise for asylum seekers as well as readers less affected by the crises the pathways and general availability of refugee status in Canada, the UK, and the US. It covers key aspects of the application for refugee resettlement through UNHCR processing, before outlining unilateral schemes created by the Canadian, UK and American governments to protect Ukrainian and Sudanese refugees.
Nationals in over 100 countries can access UNHCR services, including people affected by conflict in Sudan and Ukraine. If you are urgently seeking advice on refugee pathways overseas, you should consult the UNHCR information most relevant to you by visiting the UNHCR HELP site– simply select your country from the drop-down menu.
Aside from some alternative refugee pathways created by countries unilaterally, the UNHCR’s referrals to countries of refugees processed at its centres across the world usually comprises the main refugee processing pathway.
In order to qualify for refugee status under UNHCR rules, your circumstances must match the UNHCR’s definition of a ‘refugee’, that is, someone who has a “… well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, (and someone who )is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence…, is unable or, owing to such fear, is unwilling to return to it.”
You can find an explanation of each of the terms in this definition in the UNHCR’s Handbook on Procedures and Criteria for Determining Refugee Status. In short, the UNHCR takes the state of ‘persecution’ to mean “a threat to life or freedom” due to “race, religion, nationality, political opinion or membership of a particular social group”. That is, the definition for ‘refugee’ generally assumes that a person has been affected by, or is at risk of being seriously affected by, a targeted attack or attacks, the reality and seriousness of which have compelled them to take the otherwise adverse or very undesirable step of fleeing their home country – the refugee is not someone who “seeks adventure or just wishes to see the world”.
The United Kingdom, USA, and Canada are signatories to the 1951 Refugee Convention and work with the UNHCR to receive refugees. Asylum seekers who have arrived outside the boundaries of their home countries can therefore seek refugee status in the UK, USA, or Canada through a referral from the UNHCR to the chosen country’s respective embassy in their geographical area of application. Officers from the country of resettlement of the refugee then review the UNHCR’s referral and usually subject it to another process involving domestic government standards and approvals.
Below are some targeted pathways for migration and asylum as a refugee established unilaterally by the Canadian, UK, and USA governments. Ukrainian and Sudanese nationals may find the below avenues more helpful in their search for safety given that these schemes are created with the intention of fast tracking refugee or migration processing for those nationals.
Canada
While the Government of Canada has not held out additional pathways to Sudanese nationals in general, it is providing several avenues of assistance to Sudanese nationals in Canada already, as well as to Sudanese nationals with family members who hold Canadian citizenship or permanent residency.
Since April this of this year:
· Sudanese nationals already in Canada can apply to have their visitor, worker or student statuses extended, or may transfer between these statuses, free of charge, enabling them to lawfully remain in Canada.
· the government of Canada has prioritised and will continue to prioritise the processing of submitted temporary and permanent residence applications from Sudanese nationals already in Canada.
· Sudanese nationals who flee Sudan and are immediate family members of Canadian citizens and permanent residents can apply for an open work or study permit, as well as a family-class permanent resident status without having to pay administration fees.
Please note that the pathway requires the member of the family who is a Sudanese national to arrive in Canada before 15 July 2023. The foreign national must also prove their status as an immediate family member (spouse/common-law partner, dependent child, or dependent child of dependent child) of the Canadian national(s). Dependent children of the foreign national but not of the Canadian national are also included in this category.
Under the Canada-Ukraine Authorization for Emergency Travel pathway (‘CUAET’), Ukrainian nationals, and family members (of any nationality) of Ukrainian nationals, may apply free of charge for a 3-year visitor visa, or an open work permit.
Significantly, the pathway is not a refugee immigration program, but instead offers an expedited pathway to temporary residence status and therefore longer-term integration in Canada. Several other aspects of its efficiency and flexibility, amongst others, include:
· 14-day processing period for standard visa applications in this category;
· Exemption from COVID-19 vaccination entry requirements and overseas immigration medical exams;
· The option to extend their temporary residency status for additional 3 years, and free of charge; and
· The option to leave and return to Canada over the duration of the valid visa.
United Kingdom
Unfortunately, the UK government has not created any special schemes to assist Sudanese nationals seeking asylum in Britain. Sudanese refugees are therefore subject to the recently-passed Illegal Migration Bill and should be particularly wary of the harsh treatment the Bill now empowers the UK government to detain and deport Sudanese refugees should they arrive without official UK state migration processing, e.g. if they arrive on British shores by boat across the English Channel.
If you are a Sudanese National seeking asylum in the UK, your avenues of valid (‘safe and legal’) refugee processing remains the UK Resettlement Scheme (‘UKRS’), Community Sponsorship, and the Mandate Scheme. All three require first identification by the UNHCR as a refugee.
The UK government has also offered to evacuate British Nationals in Sudan, but British Nationals stranded in Sudan should be wary of the difficulty of accessing this pathway in light of the UK’s evacuation of its consulate in Khartoum, as well as the destruction of basic communication and transport infrastructure in Sudan.
The United Kingdom has created 3 different schemes to host Ukrainian Refugees:
1. Ukraine Family Scheme, which allows Ukrainian nationals overseas or in the UK to apply free of charge to join family members already based in the UK or extend their visa in the UK;
2. Homes for Ukraine, which allows Ukrainian nationals or immediate family members of Ukrainian nationals to remain with a UK, Scottish or Welsh national under a sponsorship arrangement; and
3. Ukraine Extension Scheme, which permits Ukrainian nationals or family members of Ukrainian nationals to live, work, and study in the UK if they at any time between 18 March 2022 and 16 May 2023, or from any time ending on after 1 January 2022, held permission to be in the UK.
Those already in the UK on temporary visas should avoid this pathway since it does not lead to longer term residency in the country. It is however a particularly useful pathway for Ukrainian nationals who may have been in the UK on a Seasonal Worker visa during the specified periods.
Although yet to be confirmed, the UK government has signposted extending the time periods relevant to this Scheme to include the period from 16 May 2023 to 16 November 2023, with the proviso that Ukrainian nationals applying to this scheme do so before 16 May 2024. This new rule is expected to take effect starting in August this year.
USA
If you are a national of Ukraine experiencing threats to personal safety or humane living standards, and you have contact with someone willing to provide you with financial support in the US, you can apply for entry to the US online. Form I-134A allows a US supporter of Ukrainian nationals to file an application for each beneficiary.
Although this process involves lengthy security checks in addition to other eligibility requirements, the standard for entry will generally be lower than for more discretionary forms of parole. The supporter will need to demonstrate clearly however that they are capable of financially supporting the beneficiary.
In summary, the US government now offers the same pathways that were afforded to Cuban, Haitian, Nicaraguan, and Venezuelan refugees to Ukrainian refugees.
If you require any assistance with migration to Canada, the US, or the UK, as a refugee or otherwise, please do not hesitate to contact Borderless Counsel at info@borderlesscounsel.com