Best Interests Of The Child: Successful Outcome For A Newborn Under The Ukraine Scheme
28.10.2025
The Ukraine visa schemes were introduced to protect and support those displaced by the war – but in practice, these applications are not always as simple as they seem. Even families already living in the UK under the Ukraine Schemes can face complex challenges when new circumstances arise.
Recently, Tetiana Deren and Daria Kotkova assisted a Ukrainian family who had been lawfully residing in the UK since 2022 under the Ukraine Scheme. When their youngest child was born abroad during a short trip outside the UK, the family unexpectedly faced a major immigration issue.
Although both parents and siblings held valid permission under the Ukraine Scheme, the newborn’s application was refused. The Home Office incorrectly concluded that the family were not residing in the UK, despite clear evidence showing that they had been living here continuously since 2022.
This left the baby – only weeks old – without valid immigration status, even though her entire family were lawfully present in the UK. The family returned together to avoid separation and to allow the older children to begin school, but their newborn’s case now fell outside the standard immigration rules.
Our team at Sterling Law prepared detailed legal submissions under the Ukraine Permission Extension (UPE) route, explaining that it was not in the child’s best interests to be required to leave the UK and reapply from abroad. As a newborn, she was unvaccinated, dependent on her mother for constant care and breastfeeding, and international travel would have been medically unsafe and disproportionate.
We prepared and submitted a new application on behalf of the newborn, providing a full explanation of the family’s circumstances and the mistake in the earlier refusal. We detailed the family’s lawful residence in the UK and clarified that the baby was born abroad only during a temporary stay.
Our legal submissions focused on the human rights aspects of the case and the best interests of the child, explaining that it would be unreasonable and disproportionate to require the newborn to leave the UK and apply from abroad.
Following our submissions, the Home Office accepted our arguments and granted the newborn leave to remain in line with her parents, recognising that the best interests of the child and family unity must come first.
At Sterling Law, we regularly assist clients whose circumstances fall outside standard immigration routes, particularly where the welfare of children and family unity are at stake.
If you or your family are experiencing difficulties under the Ukraine Schemes – or any immigration matter involving children – our team can help ensure your case is presented clearly, compassionately, and in line with the law.
