As of 8 March 2022, an estimated 2, 155, 271 refugees have crossed Ukraine’s western border and entered Schengen Area countries (Hungary, Poland, Slovakia), as well as Romania and Moldova, according to the operations data portal of the UNHCR (United Nations High Commissioner for Refugees). The UNHCR believes that a “large number of people” entering the Schengen countries may have moved onto other EU member states. There has also been a smaller eastward migration of 96,000 people from the Donetsk and Luhansk regions of eastern Ukraine to Russia, between 18 and 23 February. The continuing mass movement of people represents the largest population shift within Europe since the migrant crisis of 2015, when the majority of migrants came from outside Europe, mostly from Syria, Afghanistan, Iraq, Eritrea, and sub-Saharan Africa.
Notwithstanding widespread public support within the UK in favour of Ukrainian immigrants, the enthusiastic backing of several Conservative MPs as well as from opposition politicians, and even declarations of generosity by Prime Minister Boris Johnson, the British response to the current migrant crisis has been somewhat muted. This should not come as a surprise, since Brexit was partly predicated on “taking control” of the UK’s borders, which includes controlling the inward flow of refugees. The UK is also no longer subject to any EU system of binding target quotas for Ukrainian immigrants.
Recent conflicts and humanitarian disasters have created a large worldwide population of refugees. A refugee is defined by the United Nations Convention Relating to the Status of Refugees, which was signed in Geneva on 28 July 1951 by the UN Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons and came into force from 22 April 1954. It initially applied only to Europeans who had become refugees within Europe after the Second World War and before 1 January 1951. The additional 1967 New York Protocol led to universal adoption of the Convention. Any person seeking refugee status must have a “well-founded fear” of persecution, based upon either race, religion, nationality, or membership of a particular social group or political opinion, and must be unable, or unwilling, to return to her or his home country because of such a fear. If these conditions are met, the person gains “the right for international protection”. The legal definition of a refugee often excludes people crossing international borders because of environmental disasters, famines, floods, and civil wars.
Unfortunately, asylum seekers are not universally welcome, especially if there are ethnic, religious, cultural, and economic differences between them and the indigenous population in host countries, as well as an absence of historical ties and trading links. This might explain the difference between the reluctance of Hungary and Poland to accept migrants in 2015 and their open and unconditional welcome this year. Many countries have restricted entry to asylum seekers, and some have tried to keep them out altogether, by erecting fences and walls and reinforcing border patrols. Within the EU, the Amsterdam Treaty (2 October 1997) established a common asylum system, while the Dublin Convention (15 June 1990), Dublin II (17 March 2003), and Dublin III (19 July 2013) helped define the EU country which is to process the asylum application in any given instance. Despite this legislation, EU member nations have varied considerably in their willingness to accept asylum seekers.
In recent years, and in keeping with popular opinion, the UK has restricted access to asylum seekers, who are often portrayed in the popular press as an economic drain on the nation’s already depleted resources. According to the government web site, “You must apply for asylum if you want to stay in the UK as a refugee”, but any claim might not be considered if the applicant has travelled to the UK “through a ‘safe third country’” or has “a connection to a safe third country where you could claim asylum”, which would automatically exclude most Ukrainian asylum seekers. Successful applicants for asylum are normally granted “leave to remain” for up to five years, after which they have to apply for citizenship by naturalisation.
In response to the Ukraine refugee crisis, the UK has stated it would accept Ukrainians with family ties or third-party sponsorship and that anyone seeking entry on humanitarian grounds will be dealt with on a person-by-person and require security checks, to prevent the inadvertent entry of criminals or even “Russian agents”. All asylum seekers will require visas before they can travel to the UK. This contrasts with Ireland’s policy of not requiring pre-travel checks and visas, which the UK has criticised on the grounds that it may only facilitate “back-door” entry to the UK via Northern Ireland. Among more recent developments, a minister for refugees (Richard Harrington) was appointed on 8 March, while a temporary Visa Application Centre is opening in Lille (75 miles from Calais), ostensibly to prevent intending applications from converging at the port of Calais, yet neither offering pre-booked appointments nor walk-in access to unselected Ukrainian asylum seekers.
Refugees face many problems, including racism, xenophobia, and exploitation, but this is unlikely to affect Ukrainians moving to fellow Slavic states and like-minded eastern European neighbours. Governments and aid organisations focus mainly on the initial humanitarian responses, providing emergency assistance for food, clothing, shelter, water, and sanitation. The process does not stop, however, with the provision of a temporary safe haven. The long-term options for refugees include either integration within host communities, including naturalisation, or repatriation to either their own homelands (when conditions improve) or to another country. Unfortunately, many refugees are trapped in refugee camps around the world-stateless, unable to work, and unable to travel freely. Those who possess the skills and qualifications to contribute to the host nation’s economy are prevented from doing so until their fate is decided, which is most wasteful of human resources.
The exodus from Ukraine currently involves mainly women, children, the elderly, and the disabled, as able-bodied men between the ages of 18 and 60 are barred from leaving the country. These migrants have been openly welcomed in neighbouring eastern European states and farther afield, and it appears that many intend to return to Ukraine once the troubles are over. At the same time, British rhetoric on welcoming Ukrainians refugees has not been matched up by official actions. And as is usual in all military conflicts, innocent civilians bear the brunt, just as politicians and the military sort out their pressing issues on the battlefield.
Ashis Banerjee
PS
The UK Government has responded to accusations of meanness in issuing visas to Ukrainian refugees by launching the ‘Homes for Ukraine’ Scheme, without any limits or caps, to open up sponsorship to a wider public. This is an online visa application, vetting, and matching scheme, allowing sponsors (individuals, charities, community groups, and businesses) to “volunteer accommodation” for Ukrainian nationals and their immediate family members, for a minimum of six months, only providing meals and living expenses “if they wish”. The government will offer a ‘thank you’ payment of £350 per month per participating residential address. Expressions of interest from sponsors were invited from 14 March 2022 onwards, and public enthusiasm was such that the website crashed soon after its launch. The scheme was subsequently opened up to Ukrainian nationals on 18 March. Successful visa applicants will have full access to public services, including healthcare, and will be entitled to apply for benefits and work, as applicable, while in the UK.