Individual cases included in planned legal action against the Government over Homes for Ukraine visa delays include Ukrainians who have returned home despite the ongoing war because they felt unsafe waiting for weeks in border countries.
Four hosts who belong to campaign groups Vigil for Visas and Taking Action Over the Homes for Ukraine Visa Delays are threatening mass legal action as Ukrainians they have offered to house remain stranded in the war torn country or in temporary shelter in eastern Europe.
Lawyers for the groups plan to send a pre-action protocol letter to the Home Office by Friday. It will highlight 10 cases of families still waiting for UK visas after applying for the scheme – which launched on 18 March – during its first week.
Louise Marcinkevice, 36, who is among the group of hosts, told i: “Some are still in Ukraine, some have gone back to Ukraine because they don’t feel safe.
“Some have gone to submit biometrics at the VAC (Visa Application Centre) in Poland and have then returned.”
It is understood that many of those who have not yet arrived in the UK are families or mothers and children who have been unable to travel as only one visa has been issued, despite all relatives applying together.
The procurement manager from Cleethorpes, Lincolnshire, said sponsors had decided to mount a legal challenge “because we had no other option”.
Like the other three hosts involved in the action, she is yet to see the mother and daughter she has applied to host arrive in the UK despite submitting applications for them in March.
The pair have now had visas issued and are due to arrive on Wednesday after Ms Marcinkevice’s MP raised a question about their case in the Commons, she said.
“It’s been really difficult – just wanted to help a family. I never thought I’d get involved in anything like this, it’s way beyond my normal comfort zone,” she said.
“But for us it’s about raising the profile of how significant the issue is. The legal route was never something we were actively looking to do.”
Figures compiled by the groups showed that around 800 Ukrainian refugees were still waiting for visas after applying within the first two weeks of the scheme opening.
A crowdfunder was launched on Tuesday afternoon with the aim of raising £5,000 to fund the pre-action protocol. Within two hours, a quarter of the target had been raised.
Lawyers could apply for a full judicial review of the Government’s visa-processing policy after submitting the legal letter.
Amanda Jones, an immigration and public law barrister, has been instructed by solicitor Kenny Bhogal to launch legal proceedings on behalf of those experiencing delays.
Mr Bhogal said legal action would be brought on the grounds that the Home Office has a policy of delaying applications or that the system is so “unstable” that it is “unreasonable”.
“I’m really shocked to see how many people have phoned me today to say ‘can I join the case’,” Mr Bhogal told i. “I’m stumped by it – why are so many people in such dire straits when they’re helping people to come over? It’s a very odd situation.”
During his interview with Susanna Reid on ITV’s Good Morning Britain on Tuesday, Boris Johnson thanked those offering to open up their homes to refugees for six months.
“I want to pay tribute to all those who are helping to look after Ukrainians,” he said. “Could we have done it faster? Yes, perhaps we could.”
The most recent data from the Home Office shows that of 74,700 applications to the sponsorship scheme received, 51,300 visas have now been issued.
However, only 11,100 people have arrived in the UK under the Homes for Ukraine scheme.
A Government spokesperson said: “In response to (Vladimir) Putin’s barbaric invasion we launched one of the fastest and biggest visa schemes in UK history. Over 86,000 visas have been issued so Ukrainians can live and work in the UK.
“The changes the Home Office has made to streamline the visa system, including simplifying the forms and boosting staff numbers, are working and we are now processing visas as quickly as they come in – enabling thousands more Ukrainians to come through our uncapped routes.”
