• IMMIGRATION TO UKRAINE

    The need to obtain an immigration permit or a residence permit, to acquire the citizenship of Ukraine or simply to extend their stay in Ukraine arises in foreign citizens with ever increasing frequency.

    Legal advice to non-residents, who currently reside in Ukraine, has become one of the most sought-after services in recent years.

    The need to obtain an immigration permit or a residence permit, to acquire the citizenship of Ukraine or simply to extend their stay in Ukraine arises in foreign citizens with ever increasing frequency.

    Obtaining the necessary permits and documents in a foreign country is frequently accompanied with psychological and language barriers, and quite often it leads to abandonment of one’s plans to do it. Do not give up on your plans. Our attorney company will help you to gather the necessary documents; we will accompany you until you reach your goal.

    First of all, our attorney company recommends you to consult our immigration attorney and to get help with paperwork in order to avoid mistakes and problems with the migration service. We can also accompany you during your visit to the immigration service, which is especially important for foreigners, who do not speak Ukrainian or Russian.

  • Temporary residence permit

    Temporary residence permit Ukraine

    Temporary residence permit –  it’s a document  that allows  a right of a foreigner or stateless persons to live on a territory of foreign country for a certain period (more than 90 days)  on the grounds defined by the legislation.

    It is easier to receive than a permanent residence permit. In Ukraine legislation are different  than another countries  including procedure of obtaining a temporary residence permit. That’s why these specifics are disclosed in this article.

    How to receive Temporary residence permit in Ukraine?

    If you want to get  Temporary residence permit in any country you  need to pass not one step, as this procedure is enough complicated.. Certificate of temporary residence permit in Ukraine provides the right to stay foreigners in the country for a certain period of time. Everyone who receives a residence permit has the same rights as other residents of Ukraine.

    You don’t have to get  a residence permit in only one case – if you stay in Ukraine for less than 90 days. You can freely stay in Ukraine for such period.

    So, if you purposefully decide to live in Ukraine for more than 90 days, you  need   to read the Law of Ukraine “On the Legal Status of Foreigners and Stateless persons”. Even  if you will get a temporary residence permit, it will be valid only for one year.

    Documents for obtaining of temporary residence permit in Ukraine

    There is a special package of documents required to obtain a temporary residence permit in Ukraine.

    To obtain a temporary residence permit in Ukraine, you will need the following documents:

    1. Passport document of a foreigner or a stateless person;
    2. Application forms of obtaining a temporary residence;
    3. Request from a host party to issue a temporary residence permit in Ukraine;
    4. Ukrainian translation of passport pages with personal data (notarized).
    5. Medical insurance;
    6. Document that certifies of no criminal record in Ukraine;
    7. Photos 3.5×4.5 cm.(4 matte copies);
    8. Ukrainian ID number if available (notarized copy);
    9. Receipt confirming the payment for SMSU services and payment of State duty.

    The documents of the last category usually include statements from the employer, the university, the religious community, etc. In addition to these documents you need to carry envelopes and a folder with a binder.

    You can contact our experts on one of the numbers on the site, and we will gladly provide you qualified assistance on any legal issues. We will be happy to help you resolve your problems and find solutions.

    Each foreign citizen and stateless persons  can obtain a temporary residence permit in Ukraine.

    Verification of documents can lasts within 15 days. After the end of this term you will receive an answer to your application. Thereafter you need to register your place of residence within 10 days.

    Grounds for receiving temporary residence permition

    There is a standard list of grounds for obtaining a temporary residence permit by a citizen of another country:

    • you want to employment in Ukraine;
    • you want to reunite with the family ( if husband wife is a citizen of Ukraine);
    • you want to reunite with the family  (if husband wife or children has a temporary residence permit in Ukraine);
    • you want to realize international technical assistance;
    • you are member in a religious organization;
    • you want to study in Ukraine;
    • you are employee in affiliate foreign company ;
    • you deal in volunteering, cultural, educational, scientific work;
    • you are correspondent or foreign mass media worker;

    In these cases, you can receive a temporary residence permit in Ukraine. However, there are restriction, imposed by law, in which you can be denied on a temporary residence permit in Ukraine. These grounds include the existence of convictions, and other circumstances described in the Constitution of Ukraine.

    How long is a temporary residence permit issued in Ukraine?

    In Ukraine, you can get a temporary residence permit for a 90 days. In the future, you can extend a term.  If you will need  a prolongation term you must submit a statement (not earlier than 10 and not later than 3 days before the end of term).

    A residence permit can also be canceled ahead of time. You can cancel it yourself.

    Also it’s possible, for example, when a worker is dismissed, graduating university and another grounds.  Full support you can get in our lawyers.

  • Visa in Ukraine

    Visa – is an official (in the form of a special document or a mark in a foreign passport) permission enter Ukraine for a certain period.

    One of the key documents for opening a visa is an invitation that is drawn up individual or legal entity that acts as a host for a foreigner.

    Types of visas for foreigners in Ukraine:

    • Short term visa C
    • Long-term visa D
    • Visa on arrival

    Short-term visa C allows the holder to stay in Ukraine for a certain period of time, in depending on the duration of the visa. This category, in accordance with the purpose of the visa holder’s trip, may be:

    • Single entry – allows a foreigner to enter and leave the country once
    • Double – allows a foreigner to visit the country twice during the visa validity period
    • Multiple – allows a foreigner to visit the country many times and stay in Ukraine no more than 90 days within six months.

    Long-term visa D is issued to persons who are allowed to study, work or reside permanently in Ukraine. This category, in accordance with the purpose of the visa holder’s trip, may be:

    • Single – for those foreigners who must be in Ukraine certain the amount of time for a particular purpose, after which they must leave the country.
    • Multiple – allows a foreigner to enter / leave the country an unlimited number time and free to move around Ukraine.

    Visa on arrival – issued to a foreigner whose purpose is a tourist or business visit Of Ukraine. Issued for a period of 15 days without further renewal.

    Procedure of invitation issuing for visa to Ukraine

    If you want to get an invitation for short term Visa C as a foreign guest to Ukraine you will have to make a few steps. First of them is collecting the documents, prescribed below:

    • Your passport or other identifying document copy (good scan or photo is needed);
    • Your direct dates of visit to Ukraine (needed for invitation);
    • Your place of stay (hotel or flat adress) or if you want we provide it;
    • Information that you have financial ability to cover the costs of stay in Ukraine smth like 1-2 thousand USD;
    • Insuarance that cover health injuries in Ukraine.
    • Invitation to Ukraine (business or private)

    Afterwards we will have to fill in an application form for Embassy in your Country. It’s example may be found on the Internet web site of Ukraine VFS or Ministry of foreign affairs. Be very careful if filling in the blank by yourself, as any mistake is a ground for refusal in giving you the invitation.

    The applications for invitations are usually examined during 20 days. This term can be shortened up to 10 days for double payment. There are some categories of citizens who are free from fee.

    Short and long-term visas generally cover a period ranging from 90 to 180 days (3 months to 6 months).

    So just the following documents are required to process a visa application:

    • The client’s passport
    • A duly completed visa application
    • Four passport photos (3.5 x 4.5 cm)
    • Proof of health insurance coverage
    • Copies of the client’s bank statements proving they can sustain themselves for the duration of their stay in Ukrainian territory

    Additional documentation might be required on a case-by-case basis or can be easiely provided by our company SLA Migration, and depending on the client’s country of origin.

  • WORK PERMIT IN UKRAINE

    ADVANTAGES OF OBTAINING WORK PERMIT IN UKRAINE

    • official employment in Ukraine within the framework of legislation
    • the possibility of issuing a temporary residence permit in Ukraine on the basis of employment
    • social guarantees according to the labor legislation of Ukraine
    • the opportunity to confirm the income received in Ukraine
    • Schengen visas are easier to obtain

    To hire a non-resident Ukrainian employer has to get a work permit for this person. If a company fails to get this permit it will bear a responsibility in a form of a fine (20 minimum salaries). The State Employment Service of Ukraine issues such permit. It is issued for a concrete person occupying a concrete position in the company, and is valid during 1 year with a possibility of annual prolongation. The entire procedure has many nuances connected with obligatory actions and terms, during which these actions are to be done. Thus, there may be a necessity to ask professional lawyers for help.

    Peculiarities of work permit obtaining

    Fifteen days before submitting documents for a work permit an employer has to submit to the State Employment Service information that there is a demand for the profession the foreigner will occupy. This information is to be approved during 15 days. Then the employer can submit the rest of the documents. The State Employment Service will examine them and afterwards, if they make a positive decision concerning the work permit, the employer has to pay a state fee (4 minimum salaries). Only if the fee is paid the State Employment Service issues the very work permit to the employer. Foreigners can be appointed for leadership positions if they are founders or cofounders of the Ukrainian company that employs them. The work permit is a legal basis for obtaining a temporal residence permit that may be also prolonged annually. One should keep in mind that an application for work permit prolongation is to be submitted not later than 20 days before the expiation date.

    The list of documents needed

    • Copy of diploma or other document of education of the potential employee;
    • A copy of his passport;
    • Two photos 35 x 45 mm on matte paper;
    • Medical certificates;
    • Certificate confirming that the position the foreigner is going to occupy is not connected with the state secret (with the signature and seal of the employer);
    • Certificate of previous conviction absence (non-conviction certificate);
    • Translation of these documents into Ukrainian (must be legalized or apostilled if needed).

    Moreover, other documents may be necessary: statutory documents of the company-employer, power of attorney (if the documents are submitted by a representative), and others – their exhaustive list depends on separate cases.

    An example of application that is also to be filled in and submitted to the State Employment Service, may be found on the Internet or be given by the officials of the Service.

    After receiving your work permit, do not hesitate to start the procedure of temporal residence permit obtaining.

    Frequently asked qestions by foreigners while obtaining a work permit:
    – Can foreigner get appostille for diploma in Ukraine which is required for work permits for foreigners?
    The procedure of getting apostille documents is carried out only in the country of origin of the foreigner. To get appostille for document from another country in Ukraine is impossible.

    – Are all categories of foreigners, including directors of companies required to submit a diploma of education to obtain a work permit?
    Yes, all foreigners applying for work permit must provide duly certified copy of education.

    – Does the foreigner shall to file two Clearance (non-conviction certificates) for obtaining a work permit, one from the country of origin and one from Ukraine?
    Foreigner takes only a certificate of good conduct, a foreigner at the time of filing for a work permit is located in the Ukraine, it is sufficient Clearance issued in Ukraine; and if he gives permission to work remotely, you need to properly attested certificate of good conduct from the country of the foreigner.

    – Can the family members of a foreigner who received a residence permit to be eligible for accommodation in Ukraine?
    Yes, the wife and children of a foreigner who is in Ukraine on the basis of a work permit have the right to also get a temporary residence permit for the duration of the work permit.

  • Residence registration Ukraine

    Residence registration Ukraine

    Registration of residence is an important step when moving to a new residence place. Registration is required for both citizens of Ukraine and foreigners who permanently or temporarily live here. Residence registration will be also needed when you draw up documents such as a passport or residence permit.

    To get a registered residence place it is worth applying to professionals.

    What is residence registration?

    Residence registration is an instrument of state control over the migration processes in Ukraine. This institute dates back to Russian empire and the Soviet Union. After obtaining Ukraine independence, the residence registration mechanism has changed significantly. Now, it is not a method of control and became a registration system that works only to protect the interests of citizens.

    Currently, residence registration is needed for receiving official correspondence. Now the state does not control the number of people registered in one apartment, sanitary norms or proprietary status of citizens. Each person choses its residence place independently and only then inform the state.

    Timing and results of residence registration

    Registration is compulsory. Under the law, after you have cancelled residence registration at your former address, or come to Ukraine for permanent or temporary residence, you have thirty days to register your residence place. Staying in Ukraine without residence registration causes legal responsibility in a form of a fine. A special stamp in your residence permit is a confirmation of a proper residence registration. Any data regarding your place of residence is considered personal information; only you, your homeowner and public officer that registered your residence place.

    How to make residence registration in Kyiv?

    To register residence in Kyiv one must apply to the Center of administrative services providing of the district you are going to be registered in, and fill in an application. An example may be found at the very Center. The following documents are to be submitted as well:

    • Passport (for foreigners – temporary or permanent residence permit);
    • Birth certificate (for minors);
    • Bank receipt of paying state fee;
    • Documents confirming real estate ownership.

    If you change your address in Ukraine, you have to cancel your former registration and make a new one. These actions can be made simultaneously.

    If there are several co-owners of the apartment you are going to be registered at, you must submit their written notarized consents to your registration. As for timing, registry office has three working days to register your new place of residence.

    Some nuances of residence registration

    If you have debts confirmed by court decision, are subject to military conscription or are a party to the court dispute, if you are going for a long time to leave the place of residence, you will need to notify the state of its location.

    And what if you are a real estate owner and want somebody (who is registered) to leave your apartment? Usually, if a person doesn’t want to cancel his/her registration, the matter is taken to court. The claimant must prove that the defendant doesn’t use the dwelling and thus, loses his right to use the apartment. The court decision is a ground for registration cancellation.

    A child under 14 is usually registered at its parents’ address or at the address of one parent (but in this case a notarized consent of another parent is required). A person at the age of 14 is entitled to chose its place of residence independently.

    FAQ (Frequently asked qestions by immigrants in Ukraine):
    – Can a foreigner register address immediately in his/her passport?
    No. To register address a foreigner must first get a temporary or permanent residence card.

    – Can a foreigner buy residence? What are the risks for a foreigner if he buys residence (accommodation registration)?
    You can often see such inquiries as foreigners buy residence in Kyiv, temporary address in Kyiv etc.. The problem is that foreigners who have received a temporary residence permit (or certificate of permanent residence) should definitely register the residing address. But at the same time, landlords (apartment owners) doesn’t want to provide them with such address registration, even if foreigners offer money for such registration. As often, foreigners are not written out of the apartment and then the owners should apply to the courts. Therefore, foreigners have to seek registration in Kyiv for the money. If a foreigner buys a residence permit (residing address), he/she essentially lived in another apartment. For a foreigner can pull it risks not receiving the official notice or summons etc. At the same time, we don’t hear about immigration officers checking apartment with residing foreigners in Kyiv.

  • CITIZENSHIP IN UKRAINE

    CITIZENSHIP IN UKRAINE

    Citizenship in Ukraine. Subject to the procedures and requirements established at the legislative level, citizens of other states can obtain Ukrainian citizenship. And although the rules and the algorithm are spelled out, in fact, one often comes across a bureaucratic component.

    Interested parties for a long time have to collect all sorts of documents. Part of foreign citizens, faced with difficulties in the implementation of the conceived citizenship.

    If you need citizenship in Ukraine and want to reduce the risk of refusal to zero, then you should contact the specialists of Eternity Law International. Practical experience of the team, focus on the achievement of results and legal work will help to avoid problems and significantly speed up the process.

    REQUIREMENTS FOR OBTAINING CITIZENSHIP

    The process of thorough verification by a non-resident of the country influences the decision, and in order to pass it, one must meet a number of established criteria.

    Obtaining Ukrainian citizenship is possible under the following conditions:

    1. Recognize and respect constitutional rights, duties, and laws.
    2. Submit a declaration confirming the absence of citizenship in other states, or the refusal of existing one. Foreigners who have citizenship of another country must submit a document on its termination. Some countries of the world perform this procedure automatically, so this document is not submit.
    3. Constantly residing on the territory of Ukraine for at least 5 years, observing the rules and laws.
    4. Understanding and minimum level of proficiency in Ukrainian.

    Since January 2016, the procedure for obtaining Ukrainian citizenship has been greatly simplify.

    Bases on the new document, the minimum stay in the country for such persons is reduce to 3 years. An additional advantage of the law is the absence of the need to issue an immigration permit.

    DOCUMENTS – CITIZENSHIP IN UKRAINE

    Before proceeding with the implementation of the citizenship plan, the candidate should be patient and time consuming. The list of required to collect papers is quite long. In this case, the process of registration of Ukrainian citizenship takes place in a certain order, prescribed at the legislative level.

    To begin with, a foreign citizen must make a written statement addressed to the current President of the country. The application must be register in the migration service at the place of residence of the applicant.

    In the event that a non-resident is outside Ukraine, the registration of the application takes place at the consular center.

    Additionally, you will need to collect the following list of documentation:

    1. personal photo (3 pcs.);
    2. certificate indicating the absence of other citizenship;
    3. a document in the text of which indicates the obligation to terminate the existing citizenship;
    4. certificate that confirms the period of residence in Ukraine for 5 years;
    5. a document proving that the state language of Ukraine is at the required level;
    6. certificate of disability (if available).

  • Invitation to Ukraine

    Invitation to Ukraine

    If you need to invite a relative, friend, business partner of a non-resident to Ukraine, you first of all need to arrange an invitation to Ukraine. It is an invitation that is a document that allows foreigners to obtain a visa at a diplomatic mission or consulate of Ukraine abroad to visit Ukraine. Since April 2017, the list of documents for processing the invitation has been changed.

    Invitations depend on the purpose of visiting a foreigner of Ukraine and can be of 2 types:

    •  Private invitation – from an individual who is the receiving party
    •  Business invitation – from a legal entity.

    Private invitation (invitation of a foreigner from an individual)

    Private invitation – is made out mainly for visiting Ukraine for tourist purposes. Also, when entering Ukraine by private invitation, a foreigner can marry a citizen of Ukraine or a foreigner who already legally resides on the territory of our state. The term of stay of a foreigner under a private invitation is up to 90 days during six months. A private invitation can be issued on behalf of any person who legally resides on the territory of Ukraine (including a Ukrainian citizen, a person residing on the territory of Ukraine on the basis of a temporary or permanent residence permit, etc.).

    Private invitation is a notarized document, the main requisites of which are:

    •  the surname, name, patronymic of the individual, the details of his passport document and the permanent or temporary residence (for foreigners and stateless persons), address of residence;
    •  surname, name, patronymic of the invited person, information on his date and place of birth, citizenship, passport details, place of residence, purpose of the trip, the period of the planned visit to Ukraine, number of entries and place of residence in Ukraine
    •  the obligation of an individual to incur the possible costs associated with the stay and departure from Ukraine of the invited person.

    Copies of documents of the receiving party – an individual are also attached to the invitation.

    Business invitation (invitation of a foreigner from a legal entity)

    A business invitation is issued if the purpose of visiting a foreigner of Ukraine is to consider the possibility of finding a job in Ukraine, opening a business in Ukraine, and also as a business partnership with legal entities of Ukraine. The term of stay of a foreigner under a private invitation is up to 90 days for six months.

    Business invitation is a statement issued on the corporate letterhead of a legal entity, certified by the signature of the head of the legal entity and the seal. The main requisites of this document are:

    •  number of the USR
    •  registration number
    •  date, stamp, and signature
    •  the data of the invited person: surname, name, patronymic, information about the date and place of birth, citizenship, passport details, place of residence, purpose of the trip, the period of the planned visit to Ukraine , number of entries and place of residence in Ukraine
    •  the obligation of the legal entity to incur the possible costs associated with the stay and departure from Ukraine of the invited person.

What Is Immigration Law?

Immigration law is the combination of laws, rules and regulations that govern who can enter a country. Immigration and naturalization are two different things. Immigration governs who can come and go from a country. Naturalization controls who can become a citizen. However, they’re interrelated topics. Attorneys who practice immigration law usually have a practice that encompasses both immigration and naturalization.

The Ukranian immigration law relates to an area of the law with which even many general lawyers have a lot of difficulty. When dealing with problems concerned with residency rights it is worth engaging at an early stage a lawyer who specialises in immigration law. This could avoid a lot of unwanted drama. We advise and represent our international clients in all areas of immigration law. We have years of experience in this field, and in particular in the following areas of the law regarding aliens:

  • residence permits / visas
  • family reunification (spouses / children / other relatives)
  • marriage / civil union between binational couples
  • problems of residence rights on the birth of a child
  • working in Ukraine
  • studying in Ukraine
  • expulsion
  • deportation / temporary protection from summary
  • deportation / detention in expulsion proceedings
  • toleration

We have advised and represented our international clients for many years in all areas of migration. We are actively in communication with all authorities and courts nationwide. We offer you the advantage of a law firm, which almost exclusively represents foreign clients in various areas of law. That way we are able to give you qualified assistance in different legal matters concerning labor law, real estate law, company law, social law and family law. Our specialists and lawyers work closely together. With us you get a comprehensive legal support that goes far beyond solving your immigration problem.

PERMISSION FOR PERMANENT LIVING AND IMMIGRATION PERMISSION IN UKRAINE

Permanent residence permit in Ukraine

Permanent residence permit gives the right to a foreigner for permanent residence in Ukraine. Upon receipt of a residence permit, a foreigner acquires the same rights as citizens of Ukraine, except for the right to vote, to hold positions in state bodies and perform military service. A foreigner can apply for Ukrainian citizenship only after obtaining a permanent residence.

The Procedures for processing, issuing, exchanging, withdrawing, invalidating, and annulling of the permanent residence permit, approved by the Resolution of the Cabinet of Ministers of Ukraine from 25 of April 2018 № 321, does not foresee the necessity of exchanging of the blank form of the permanent residence permit without contactless electronic media for the permanent residence permit of the new kind (with contactless electronic media). The exceptive list of grounds for exchanging of permanent residence permit is provided by point 7 of the abovementioned Procedures.

From 04 of December 2018, the territorial bodies of the State Migration service of Ukraine began registration and issuing of permanent residence permits with contactless electronic media.

HOW TO GET A PERMANENT RESIDENCE IN UKRAINE?

  • Grounds for obtaining a permanent residence permit
  • Procedure for issuing a permanent residence permit
  • CATEGORIES OF CITIZENS CAN GET AN IMMIGRATION PERMISSION IN UKRAINE
  • Categories of persons within the immigration quota
  • Categories of persons not included in the immigration quota
  • HOW TO GET A PERMISSION FOR IMMIGRATION TO UKRAINE
  • Features of obtaining permission to immigrate to Ukraine
  • Order of consideration of the application:
  • HOW TO GET AN IMMIGRATION PERMISSION BECAUSE OF MARRIAGE?
  • HOW TO GET A PERMANENT RESIDENCE IN UKRAINE?

Obtaining a permanent residence permit is an important step for everyone who plans to stay in Ukraine. This gives you the right to obtain Ukrainian citizenship afterwards. Obtaining a permanent residence permit may seem like a very complicated procedure for those who have never done this before. The question is really very responsible.

Grounds for obtaining a permanent residence permit

There is an opinion that, as usual, the main soil is permanent residence in Ukraine for 5 years. But this opinion is wrong. Thus, a stateless person married to a citizen of Ukraine can receive a permanent residence permit after two years of residence in Ukraine. Citizens of Ukraine who renounce their citizenship can also immediately replace it with a permanent residence permit.

PERMIT FOR PERMANENT RESIDENCE IN UKRAINE

The procedure for issuing a permanent residence permit

Residents of countries with a visa regime must have a Ukrainian type D visa in their passports.

It should be borne in mind that you can get a permanent residence permit for 1 year after receiving permission for immigration.

The applicant must also fill out the application very carefully and without errors. Any mistake is grounds for refusing to issue a permanent residence permit. Other reasons for refusal are fraud and danger to the state.

The process of obtaining a permanent residence permit is quite complicated and very responsible. We strongly recommend consulting with professionals. Lawyers “Bachinsky, Kolomiets and partners” always do everything possible for their clients.

CATEGORIES OF CITIZENS CAN GET AN IMMIGRATION PERMISSION IN UKRAINE
In accordance with the Law of Ukraine “On the legal status of foreigners and stateless persons” citizens of other countries have the right to move to Ukraine in order to continue their permanent residence and work in Ukraine (optional).

Immigration of foreign citizens to Ukraine has been growing lately. This happens for various reasons, including economic and political. The Ukrainian state gives foreigners the opportunity to become full citizens of Ukraine who live and work here.

In order to move to Ukraine for permanent residence, you must obtain permission to immigrate to Ukraine. This permission can be obtained within or outside the immigration quota, which was established by the Cabinet of Ministers of Ukraine.

permission to immigrate to Ukraine

How to claim and receive the service

  • Collect the required documents;
  • Apply to the State Enterprise which comes within the jurisdiction of SMS, Center of Providing Administrative Services and territorial bodies/units of SMS at place of residence of foreigner or stateless person*;
  • Submit required documents;
  • Receive a permit at the territorial body/unit of SMS at your place of residence.

Service fees and benefits

  • Government charge in the amount of 85 UAH (on the basis of para. 6 Article 3 of the Decree of the Cabinet of Ministers of Ukraine «On Government Charges»);
  • Administrative service fee in the amount of 253.00 UAH (according to the List of administrative services related to migration and their fees, approved by the Resolution of the Cabinet of Ministers of Ukraine of 2 November 2016 No. 770 regulating some issues of administrative service delivery in the area of migration);
  • Cost of the blank form with contactless electronic media in the amount of 291.00 UAH.

Exemption from government charge applies to:

  • citizens referred to categories 1 and 2 of individuals affected by Chernobyl catastrophe;
  • disabled veterans of the Great Patriotic War and families of servicemen (resistance fighters) killed in action or missing, and individuals equalized with these groups according to the established procedure;
  • people with disabilities referred to groups I and II.

Application submission

  • Foreigners or stateless persons legally temporary staying on the territory of Ukraine and reached the age of 16 years shall submit applications in person;
  • One of parents (adoptive parents) with whom live persons on the basis of immigration permit, guardian, trustee shall submit applications for foreigners or stateless persons legally temporary staying on the territory of Ukraine and didn’t reach the age of 16 years or recognized as legally incapable persons.

Required documents

  1. application (shall be submitted before full provision of territorial bodies/units of SMS with material-and-technical support  required for processing and issuance of permanent residence permit in a form of ID-card with contactless electronic media);
  2. passport of a foreigner or ID document of a stateless person, with visa type “D”, unless otherwise provided by legislation or international treaties of Ukraine (shall be returned after showing) and its copy;
  3. ID document of legal representative and document confirming powers of a person as a legal representative, in case of submitting of documents by such person (shall be returned after showing) and its copy;
  4. Ukrainian translation of pages of passport of a foreigner or ID document of a stateless person containing personal data, attested according to the legally established procedure;
  5. payment slip confirming payment of administrative service fee (original) or document certifying certain exemptions (shall be returned after showing, its copy);
  6. 4 photographs of a foreigner or stateless person 35 mm x 45 mm on matt paper (shall be submitted before full provision of territorial bodies/units of SMS with material-and-technical support  required for processing and issuance of permanent residence permit in a form of ID-card with contactless electronic media);
  7. copy of the decision on granting the immigration permit or according to the category of foreigners and stateless persons:a) Persons who arrived to Ukraine for permanent residence before entry into force of the Law of Ukraine “On Immigration” and have in their former USSR citizen passport of the 1974 standard registration (propiska) mark shall submit original and copy of former USSR citizen passport of the 1974 standard with registration (propiska) or permanent residence permit;b) Persons who are forced to leave places of permanent residence in Autonomous Republic of Abkhazia, Georgia and arrived to Ukraine, and their adult children who arrived to Ukraine before their majority shall submit temporary certificate (or certificate confirming arrival of minor with his/her parents) received after arrival to Ukraine and document confirming permanent residence on the territory of Ukraine not less than 5 years, issued by the territorial body of SMS;c) Persons who arrived to Ukraine as orphans, due to the armed conflicts at their places of permanent residence, and are/were brought up in state-run children’s institutions or family-type orphanages, or under guardianship or care shall submit document confirming upbringing in state-run children’s institution or family-type orphanage, or establishing of guardianship or care;d) Foreigners or stateless persons who permanently resided on the territory of Ukraine till adoption of decision on termination of Ukrainian citizenship and after such decision continued permanently reside on the territory of Ukraine shall submit certificate on termination of Ukrainian citizenship of a standard form, issued by the territorial body/unit of SMS.

Grounds for exchange of permanent residence permit:

  1. Change of information;
  2. Detection of error in information;
  3. Expiry of permit;
  4. Unsuitability of permit for further use;
  5. Reaching the age of 25 or 45 years by foreigner or stateless person (in case foreigner or stateless person is documented with permit without contactless electronic media).

In case of loss or theft of the permanent residence permit, its exchange foreigner or stateless person shall submit such documents:

  1. Permit to be exchanged (except loss and theft);
  2. Passport of a foreigner or ID document of a stateless person (shall be returned after showing) and its copy;
  3. Ukrainian translation of pages of passport of a foreigner or ID document of a stateless person containing personal data, attested according to the legally established procedure;
  4. Documents confirming circumstances for permit exchange (except cases mentioned in paragraph 7 (3-5) of this Order) (shall be returned after showing) and its copy;
  5. ID document of legal representative and document confirming powers of a person as a legal representative, in case of submitting of documents by such person (shall be returned after showing) and its copy;
  6. Payment slip confirming payment of administrative service fee (original) or document certifying certain exemptions (shall be returned after showing) and its copy.

In case of exchange due to expiry of permit, documents, mentioned in paragraphs 32 (4), 33 and 34 of the Order on permanent residence permit processing, shall be additionally submitted.

Time limit for application review

Timeframe for permit issuance is 15 working days.

Result of the service

Receipt of the permanent residence permit

Validity period of a document resultant from the service

Permanent residence permit is issued for 10 years. Permanent residence permit without contactless electronica media shall be exchanged when a person reaches 25 and 45 years of age.

Grounds for denying the service

A decision to deny issuance of permanent residence permit to a foreigner or stateless person shall be adopted in the following cases:

  1. foreigner or stateless person has valid permit or temporary residence permit (except cases of permit exchange or processing of permit for foreigner or stateless person who temporary resided on the territory of Ukraine on the basis of temporary residence permit), refugee certificate or  certificate of a person in need of complementary protection;
  2. foreigner or stateless person stays on the territory of Ukraine with violation of established term of staying or there is established non-compliance with the decision of authorised authority on forced return, forced expulsion or ban for further entry to Ukraine;
  3. information obtained from the Register data bases and archives doesn’t confirm information provided by foreigner or stateless person;
  4. belonging to Ukrainian citizenship is established;
  5. appeal of legal representative without appropriate documents confirming powers on receiving of permit;
  6. foreigner or stateless person submitted not complete package of necessary documents or did it with violation of terms defined in paragraphs 17 and 18 of this Order;
  7. information on actions of foreigner or stateless person that threaten national security, public order, health, rights and lawful interests of Ukrainian citizens and other individuals residing in Ukraine, received from National Police, SSU, other public authority;
  8. passport of a foreigner or ID document of stateless person is forged, damaged, does not conform to the established template or belongs to another person, or its validity expired;
  9. foreigner or stateless person knowingly present false information, forged documents or his/her immigration permit is cancelled;
  10. there is established non-compliance with the decision of court or public authority empowered to apply administrative penalty, or they have other property liability before the State, physical or legal persons, including those related to previous expulsion from Ukraine, also after expiration of the ban for further entry to Ukraine;
  11. in other cases, as stipulated by the law

The time limit within which a person has to apply to SMS and liability for breach of this time limit

  • Dur ing the validity period of the immigration permit that is issued for one year;

Documents on permanent residence permit are submitted not later than 15 working days before expiration of established term of stay/residence on the territory of Ukraine.

In case of circumstances (events) whereby permit is subject to exchange (except expiry), documents on permit exchange are submitted within one month from the date of such circumstances (events) appearance.

In case of  surname or/and name, patronymic change, discrepancy in records it is necessary to exchange passport of a foreigner or ID document of stateless person and documents on permit exchange are submitted not later than a month after receiving of a new passport of a foreigner or ID document of stateless person.

In case of expiration of permit, documents for its exchange are submitted not later than 15 working days before date of expiry.

Invitation and visa to Ukraine

An invitation is required for a Ukrainian type C visa (for 90 days). The service includes the preparation of all documents, translations, payment of state fees. Legal support is provided to the inviting party when submitting documents to the State Migration Service and upon receiving an invitation.

The Resolution of the Cabinet of Ministers of Ukraine of 01.03.2017 approving the Rules for Visa Issuance for entering Ukraine and transit through the territory of Ukraine became effective on 16 April 2017.

As set forth in sub-para. 1 and 2 of paragraph 7 of the Visa Issuance Rules, the basis for issuance of short-term visa is, among other requirements, an invitation from a legal entity registered in Ukraine on its official letterhead, or a notarized invitation from an individual.

In relation to this, starting from 16 April 2017, invitations for foreigners or stateless persons issued by SMS with a view of obtaining visa to enter Ukraine shall not be accepted as basis for issuance of short-term visas for entering Ukraine.

Foreigners who are going to visit Ukraine need an invitation to get a visa. Those who collaborate with certain organizations can receive invitations from them. Those who have only the purpose of the visit should be invited by their friends or relatives. This may seem difficult for a person who has never resolved legal issues. Moreover, the procedure takes a long time. Thus, the best solution is to seek professional help.

The procedure for issuing an invitation to a visa to Ukraine
If you want to invite a foreign guest to Ukraine, you will have to take a few steps. The first is to collect the documents listed below:

Your passport or residence permit and its copy;
A copy of the passport or other document proving the identity of the invited person;
Information that you have the financial capacity to cover the costs of a foreigner in Ukraine;
Translation of documents into Ukrainian.
After that you will need to fill out a questionnaire. An example can be found in the territorial department of the State Migration Service of Ukraine or on the Internet. Be very careful when filling out the form, since any mistake is grounds for refusing to give you an invitation.

Since the service is paid, you must provide a bank receipt confirming payment of the state fee. Requests for invitations are usually reviewed within 20 days. This period can be reduced to 10 days for double payment. There are some categories of citizens who are free of charge.

HOW TO GET A WORK PERMISSION FOR FOREIGNERS?

Work Permit for Foreigners

A work permit in Ukraine must be obtained by an employer (not a foreigner). A foreigner provides only a certificate of education (legalized or apostilled if necessary) and undergoes a medical examination (accompanied by a lawyer). The service includes the preparation of all documents from the employer, translations, submission of documents for obtaining a permit, making copies required for obtaining a visa D.

To hire a non-resident, the Ukrainian employer must obtain a work permit for this person. If the company does not receive this permission, it will be liable in the form of a fine (20 minimum wages). The state employment service of Ukraine issues such a permit. Issued for a specific person holding a specific position in the company, and is valid for 1 year with the possibility of annual renewal. The whole procedure has many nuances associated with the mandatory actions and the time frame during which these actions must be performed. Thus, it may be necessary to seek the help of professional lawyers.

Features of obtaining a work permit
Fifteen days before applying for a work permit, the employer must submit to the State Employment Service information that there is a profession that will be occupied by a foreigner. This information must be approved within 15 days. Then the employer can provide the remaining documents. The state employment service will consider them, and then, if they make a positive decision regarding the work permit, the employer will have to pay a state fee (4 minimum wages). Only in the case of payment of the fee, the State Employment Service issues the work permit itself to the employer. Foreigners can be appointed to senior positions if they are the founders or co-founders of the Ukrainian company in which they work. A work permit is a legal basis for obtaining a temporary residence permit, which can also be renewed annually. It should be remembered that the application for renewal of the work permit must be filed no later than 20 days before the expiration date.

How to marry a foreigner with Ukrainian?

Marry a citizen of Ukraine

The marriage procedure with a foreigner is more complicated than marriage with a Ukrainian, because it requires further coordination with the regional registry office. We help with the preparation and translation of documents to obtain approvals. We also provide legal assistance in the regional registry office when submitting marriage applications. We provide the apostille and the legalization of marriage certificates for foreign countries.

Characteristics of marriage with a foreigner
The main nuance is that a foreigner must be in Ukraine legally on the day the documents are presented to the registry office. This is why the application for marriage registration must be submitted at least one month before the legal period of stay expires. Another important aspect is the translation of all documents into Ukrainian. This is a very important point; all translations must be identical, any difference even in a letter of the first or last name is unacceptable. If there are errors, the whole package of documents must be correct. After registration of the marriage, a foreigner will be entitled to a temporary residence permit in Ukraine. After 2 years, a foreigner will receive the right to permanent residence in Ukraine.

RECIEVE UKRAINE CITIZENSHIP

Passport, Ukrainian citizenship

Ukrainian citizenship can only be obtained if there are strict reasons and conditions. The procedure for obtaining citizenship is difficult and takes a long time because the decision on the knowledge of citizenship is taken by the President of Ukraine. The foreigner undertakes to renounce citizenship by descent within two years of obtaining Ukrainian citizenship.

As provided in Article 9 of the Law on the Ukrainian Citizenship, foreigners or stateless persons may be granted Ukrainian citizenship upon their request. Requirements for admission to Ukrainian citizenship are (to be met concurrently)*:

  • Individuals must recognize and respect the Constitution and Laws of Ukraine;
  • Individuals are required to submit a statement of statelessness (if they are stateless persons) or pledge to terminate foreign citizenship (if they are foreigners);
  • Individuals must legally reside on the territory of Ukraine continuously during the past five years;
  • Individuals must obtain an immigration permit;
  • Individuals must demonstrate proficiency in the Ukrainian language to a level sufficient to maintain communication;
  • Individuals must have legal sources to maintain themselves without recourse to state funds.

HOW TO OBTAIN THE CITIZENSHIP OF UKRAINE
Reasons for obtaining citizenship of Ukraine
The procedure for obtaining citizenship in Ukraine
Reasons for the refusal to grant Ukrainian citizenship

HOW TO OBTAIN THE CITIZENSHIP OF UKRAINE FOR THE INCAPACITY PERSON

Phases to obtain citizenship of Ukraine for the incapacitated person
HOW TO OBTAIN A CITIZENSHIP FOR A CHILD AFTER THE RECOGNITION OF PADREHOOD AND MOTHER
ACQUISITON OF UKRAINE CITIZENSHIP OF BIRTH
The procedure for the acquisition of citizenship of Ukraine by birth
Documents required for citizenship of Ukraine
Reasons for rejection
ACQUISITION OF CITIZENSHIP ACCORDING TO A SIMPLIFIED PROCEDURE FOR THE BIRTH OF A FOREIGNER OR HIS PARENTS
Reasons for acquiring citizenship according to a simplified procedure
Stages of the acquisition of Ukrainian citizenship according to a simplified procedure
RESTORATION OF THE CITIZENSHIP OF UKRAINE
Reasons for the restoration of citizenship of Ukraine
Stages of restoration of citizenship Ukraine
Reasons for the refusal to restore citizenship of Ukraine
GET THE CERTIFICATE ON THE CITIZENSHIP OF THE CHILD
Cases in which a certificate of minority citizenship is issued
How to obtain a child’s citizenship certificate? steps:
ACQUISITION OF UKRAINE CITIZENSHIP ON THE EARTH OF TERRITORIAL ORIGIN
Acquisition and termination of the Ukrainian citizenship procedure

Acquiring Ukrainian Citizenship by geographic place of origin

As provided in Article 8 of the Law on the Ukrainian Citizenship, a stateless person or foreigner who has pledged to terminate foreign citizenship, who have applied for Ukrainian citizenship, and also their minor children, shall be registered as citizens of Ukraine if they meet one of the following conditions:

  • Such person or at least one of his/her parents, grandparents, siblings (full-blood or half-blood), son, daughter, or grandchild were born or permanently resided, until August 24, 1991, on the territory that became the territory of Ukraine according to the Law of Ukraine on Legal Succession of Ukraine;
  • Such person or at least one of his/her parents, grandparents, siblings (full-blood or half-blood) were born or permanently resided on other territories that at the time of their birth or during their permanent residence were part of the Ukrainian People’s Republic, the West Ukrainian People’s Republic, the Ukrainian State, the Ukrainian Socialist Soviet Republic, Zakarpattia Ukraine, the Ukrainian Soviet Socialist Republic (Ukrainian SSR).

How to claim and receive the service

  1. Collect the required documents;
  2. Visit the territorial unit of SMS at your place of residence;
  3. Submit an application enclosing the required documents;
  4. Receive a certificate of registration as a citizen of Ukraine (this certificate shall serve as basis for issuance of Ukrainian passport) in the territorial body or unit of SMS at your place of residence.

Service fees and benefits

Acquisition of Ukrainian citizenship does not require any fee.

Application submission

Application is to be submitted in person by a parent or other legal guardian of the child.

Required documents

When a person submits an application and other documents in relation to citizenship, he/she should produce a passport or document replacing their passport that certifies the applicant’s identity, and a document detailing the applicant’s residence on the territory of Ukraine or permanent residence abroad. A certified translation of this document into the Ukrainian language should be submitted, if necessary.

In addition, depending on the grounds for acquiring citizenship, a person should submit documents listed in para. 24-44 of the Procedure regulating proceedings on applications and submissions related to citizenship and execution of adopted decisions, approved by the Presidential Decree on some aspects of implementation of the Law on the Ukrainian Citizenship.

Extending the duration of stay on the territory of Ukraine (calculation of the allowed duration of stay)

1. The duration of stay for foreigners who are nationals of the states subject to visa-based entry regime and stateless persons is restricted by the visa validity period.

It means that a foreigner or stateless person may stay temporarily on the territory of Ukraine within the period allowed by the visa but no longer than the last day of visa validity period.

2. National of the states with visa-free entry regime may stay temporarily on the territory of Ukraine for up to 90 days during any 180 day period, unless other duration is provided for by international agreements Ukraine is party to.

During the stay on the territory of Ukraine, the calculation of the allowed duration of foreigner’s stay is performed by SMS officials by counting 180 days back from the day of control (the day on which legality of foreigner’s stay on the territory of Ukraine needs to be determined). A foreigner does not breach the indicated duration if within this 180-day period he/she has stayed on the territory of Ukraine for no longer than 90 days.

Online services: «migration calculator».

Obtaining refugee status or subsidiary protection

In 2002 Ukraine joined the UN Convention of 1951 and Protocol of 1967.

According to the Law of Ukraine “On Refugees and Persons in Need of Subsidiary or Temporary Protection” from 08.07.2011 No 3671-VI (hereinafter – the Law) Ukraine provides protection to foreigners and stateless persons, who are seeking it on Ukrainian territory, by means of:

  • recognition as a refugee;
  • recognition as a person in need of subsidiary protection;
  • recognition as a person in need of temporary protection.

According to the Law, as a refugee may be recognized a person, who is not a citizen of Ukraine and who resides in a country other than the country of his/her origin as a result of fear of becoming a victim of persecution based on race, religion, ethnicity, citizenship (nationality), belonging to certain social group or political convictions and cannot use the protection of the country of origin or doesn’t want to use such protection because of such fears, or doesn’t have citizenship (nationality) and being abroad the country of his/her permanent stay cannot or do not want to return to his/her own country because of the mentioned fears.

Person in need of subsidiary protection is a person, who is not a refugee in accordance with the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees and the present Law, but is in need of protection whereas such person was forced to arrive in Ukraine or stay in Ukraine in consequence of the threat to his/her life, safety or freedom in the country of origin owing to fear of execution in relation to him/her a death penalty or implementation of judgment on death penalty, torture or inhuman or degrading treatment or punishment.

Person in need of temporary protection is a foreigner and/or stateless person, who is forced en masse to seek protection in Ukraine in consequence of external aggression, foreign occupation, civil war, ethnic clashes, natural disasters, man-made disasters or other events which violate public order in a certain part or throughout the country of origin.

According to the Law a foreigner may apply for recognition as a refugee to the respective body of the State Migration Service of Ukraine.

Recognition as a refugee or a person in need of subsidiary protection

According to the Law a foreigner or a stateless person applies for recognition as a refugee or a person in need of subsidiary protection to the territorial body of the State Migration Service of Ukraine. Such application is submitted by a foreigner or a stateless person or his/her legal representatives personally at the place of his/her temporary stay.

The main form of protection to foreigners in Ukraine is recognition as a refugee or a person in need of subsidiary protection. The refugee or a person in need of subsidiary protection cannot be returned to the country, where their life or freedom is in danger because of race, religion, nationality, citizenship, belonging to social group or political convictions as well as other reasons, which are recognized by international agreements or international organizations, in which Ukraine takes part, basing on which a person cannot be sent back to a country of origin.

If a person, who wants to be recognized as a refugee or a person in need of subsidiary protection, has crossed the country border of Ukraine in order prescribed by the Law of Ukraine, he/she shall apply to the respective territorial body of the State Migration Service of Ukraine during five working days on issues regarding his/her recognition as a refugee or a person in need of subsidiary protection.

If a person, who wants to be recognized as a refugee or a person in need of subsidiary protection, has illegally crossed the border of Ukraine, he/she shall immediately apply to the respective territorial body of the State Migration Service of Ukraine for recognizing him/her as a refugee or a person in need of subsidiary protection.

Issuance of documents on recognition as a refugee or a person in need of subsidiary protection takes place due to application. Such application is submitted personally by a foreigner or a stateless person or his/her legal representatives to the respective territorial body of the State Migration Service of Ukraine at the place of temporary stay of an applicant.

Respective territorial body of the State Migration Service shall:

  • register the application and documents submitted for recognition as a refuge or a person in need of subsidiary protection;
  • inform the applicant or his/her legal representatives under their own signature about the decision procedure following the application, as well as rights and responsibilities of a person to whom the authority has made a decision to process the documents of recognizing him/her as a refuge or a person in need of subsidiary protection;
  • conduct fingerprinting of a person who has applied for recognition as a refugee or a person in need of subsidiary protection;
  • if necessary direct the person for examination in order to establish age in accordance with the laws of Ukraine;
  • fill in the registration application of a person who applied for recognition as a refugee or a person in need of subsidiary protection, and members of his/her family, who are under eighteen years of age;
  • fill in other required document;
  • fill in a personal file;
  • clarify the procedure for applying for free legal aid;
  • enter received information to the centralized information system.

The territorial body of the State Migration Service of Ukraine, which accepted the foreigner’s or stateless person’s application for recognition as a refugee or a person in need for subsidiary protection, issues the applicant a certificate of the application for protection in Ukraine and registers the applicant. Within fifteen working days from the date of registration of the application the territorial body of the State Migration Service of Ukraine interviews the applicant considering information contained in the application form and other documents that require additional information and decides on processing the documents of recognition as a refugee or a person in needs a subsidiary protection or refusing to process those documents.

At the request of the applicant a lawyer may participate in preliminary consideration of the application for recognition as a refugee or a person in need of subsidiary protection. Appointment of a lawyer for legal assistance for applicant is held in the established procedure.

During the interview an applicant, who is not fluent in Ukrainian or Russian will be provided by the State Migration Service of Ukraine with an interpreter. Applicant has a right to hire interpreter at his/her own expense or throughout other entities or individuals. The interpreter must adhere to the confidentiality requirements with mandatory registration by the territorial body of the State Migration service of Ukraine of the non-disclosure receipt of the information contained in the applicant’s personal file.

Decision on processing or refusal of processing documents of recognition as a refugee or a person in need for subsidiary protection is made according to the written conclusion of the officer responsible for this case and is issued by the order of head of the territorial body of the State Migration Service of Ukraine.

In case of taking a decision on processing documents of recognition as a refugee or a person in need of subsidiary protection the territorial body of the State Migration Service of Ukraine continues the term of the certificate of application for protection in Ukraine.

Decision on refusal to issue documents of recognition as a refugee or a person in need of subsidiary protection is taken regarding submitted applications, which are obviously unfounded or abusing: if applicant is impersonating another person in order to be recognized as a refugee or a person in need of subsidiary protection as well as regarding applications submitted by persons who were refused to be recognized as a refugee or a person in need of subsidiary protection due to absence of grounds provided for such recognition.

In case of refusal to issue documents recognizing as a refugee or a person in need of subsidiary protection the territorial body of the State Migration Service of Ukraine during three working days following the day of submitted application shall send the applicant a written notification with the list of reasons for such refusal and explanation regarding the appeal procedure.

In case of the use of the right of appeal the territorial body of the State Migration Service of Ukraine keeps documents identifying the person of an applicant and other documents and informs during the period of three working days the relevant Internal Affairs body in the place of the applicant’s temporary stay.

In case of non-use of the right to appeal during the period of five working days since the receipt of refusal to issue documents regarding recognition as a refugee or a person in need of subsidiary protection the territorial body of the State Migration Service of Ukraine shall withdraw the certificate of applying for protection in Ukraine informing during three working days the relevant Internal Affairs body at the place of person’s stay and returns documents which confirm the applicant’s identity and other documents, which are kept by the territorial body of the State Migration Service of Ukraine.

Consideration of application of recognizing as a refugee or a person in need of subsidiary protection is provided by interregional units on refugees issues of the territorial bodies of the State Migration Service of Ukraine during the period of two months since the day of the decision to process documents of recognition. The term of consideration can be extended by the head of the territorial body of the State Migration Service of Ukraine following the argument-based submission of the official, who is considering the case, but for no longer than three months.

An official the territorial body of the State Migration Service of Ukraine conducts interviews with the applicant or his/her legal representatives aimed to identify an extra information which is necessary to verify the facts given by the applicant or his/her legal representatives.

After consideration of the documents, verification of the facts, given by the person, who applied for recognition as a refugee or a person in need of subsidiary protection, the territorial body of the State Migration Service of Ukraine drafts a written conclusion regarding recognition or refusal to recognize as a refugee or a person in need of subsidiary protection.

Applicant’s personal file with the conclusion drafted by the territorial body of the State Migration Service of Ukraine is sent to the specially authorized central executive authority on migration issues for final decision.

According to the results of comprehensive consideration and evaluation of all the documents and materials, which can be the evidence of available conditions for recognition as a refugee or a person in need of subsidiary protection, the specially authorized central executive authority on migration issues makes a decision on recognition or refusal to recognize as a refugee or a person in need of subsidiary protection.

A foreigner or a stateless person is recognized as a refugee or a person in need of subsidiary protection in Ukraine and considered to reside in Ukraine since the moment of approving a decision of recognizing him/her as a refugee or the one, who resides in Ukraine on legal basis with no time limits.

The decision of the specially authorized central executive authority on migration issues together with applicant’s personal file are sent during three working days to the territorial body of the State Migration Service of Ukraine, which considered the application.

The territorial body of the State Migration Service of Ukraine during the period of fifteen working days since the day of receipt of the decision on recognition as a refugee or a person in need of subsidiary protection issues to each person, who has reached the age of sixteen, the refugee certificate or certificate of a person in need of subsidiary protection. The refugee certificate or certificate of a person in need of subsidiary protection is grounds to register in the territorial body of the State Migration Service of Ukraine at place of stay of a refugee or a person in need of subsidiary protection.

The refugee certificate or certificate of a person in need of subsidiary protection is issued for a five year term.

A foreigner, who was recognized as a refugee or a person in need of subsidiary protection, and has reached the age of sixteen, has a right to receive travel document for travelling abroad in order established by the Ukrainian Law.

A person shall lose the refugee status and status of a person in need of subsidiary protection if he/she:

  • voluntarily again availed him/herself of the protection of the country of his/her citizenship (nationality);
  • obtained Ukrainian citizenship or voluntarily obtained his/her previous citizenship or citizenship of a third country, and avails him/herself of its protection;
  • voluntarily returned to the country, which he/she left or outside the territory of which he/she stayed due to well-founded fear of becoming a victim of persecution;
  • being a stateless person, can return to the country of previous permanent residence because circumstances under which he/she was recognized as a refugee or a person in need of subsidiary protection have ceased to exist;
  • was granted an asylum or residence permit in other country;
  • can no longer refuse to avail him/herself of the protection of the country of nationality, because the circumstances under which he/she has been recognized as a refugee or a person in need of subsidiary protection have ceased to exist;

Persons recognized as refugees or persons in need of subsidiary protection have the same rights, freedoms and responsibilities as well as citizens of Ukraine except in cases established by the Constitution and laws of Ukraine and the international agreements that the Verkhovna Rada has agreed as binding.

The refugee status or status of a person in need of subsidiary protection protection shall be withdrawn from a person if he/she is involved in activities posing threat to national security, public order or health of the population of Ukraine.

The decision on recognition as a refugee or a person in need of subsidiary protection shall be cancelled if such person provided invalid data, submitted false documents that became the reason for recognition a person as a refugee or a person in need of subsidiary protection.

Granting of special permits to enter Crimea

On 4 June 2015, the Government adopted Resolution No. 367 approving the Procedure for entering and exiting the temporarily occupied territory of Ukraine. According to this procedure, foreigners and stateless persons may enter and exit the temporarily occupied territory of Ukraine through checkpoints by showing a passport and special permit issued by the territorial body of SMS.

Legal framework underlying the service

Paragraph 21 of the Procedure:

  1. a foreigner or stateless person or their spouse having close relatives or family members who reside on the temporarily occupied territory of Ukraine, which should be attested by documents issued by the authorized bodies of Ukraine;
  2. a foreigner or stateless person or their spouse having the burial place of their close relatives or family members on the temporarily occupied territory of Ukraine, which should be attested by relevant documents;
  3. death of close relatives or family members of a foreigner or stateless person or their spouse who lived on the temporarily occupied territory of Ukraine, which should be attested by relevant documents;
  4. necessity to perform diplomatic or consular functions, e.g. as part of activity of international organizations Ukraine is member to, pursuit of activity by other international governmental organizations, international non-governmental organizations, and non-governmental organizations of foreign states. In these cases, a special permit is issued only upon request from or agreement with the Ministry of Foreign Affairs;
  5. making regular trips to the temporarily occupied territory of Ukraine in relation to employment arrangements of railway staff;
  6. necessity to carry out journalist activity (only upon request of or agreement with the Ministry of Information Policy);
  7. necessity to preach and deliver religious instruction, carry out religious rituals or meet religious needs (only upon request of or agreement with the Ministry of Culture);
  8. a foreigner or stateless person residing on the temporarily occupied territory of Ukraine on the basis of the permanent residence permit issued according to the legally established procedure, whose place of residence is registered in the Autonomous Republic of Crimea of the city of Sevastopol;
  9. necessity to participate in the activities of the Mejlis of the Crimean Tartar People;
  10. necessity to provide legal protection to people whose rights, freedoms and lawful interests are violated by illegal authorities and their officials (only upon request of or agreement with the Ministry of Temporarily Occupied Territories that informs the Ministry of Foreign Affairs);
  11. necessity to carry activity by independent human rights missions (only upon request of or agreement with the Ministry of Temporarily Occupied Territories that informs the Ministry of Foreign Affairs).

How to claim and receive the service

  • Submit required documents to the territorial body of SMS or the territorial unit of SMS in Novotroitske District or Henichesk District in Kherson region, at the place of stay.

Service fees and benefits

No fee is charged

Application submission

Application is to be submitted in person.

Required documents

  • application;
  • passport (returned after verification);
  • document confirming a person’s legal stay on the territory of Ukraine;
  • copy of a page in passport or ID document of a stateless person containing personal data with translation into the Ukrainian language attested according to the established procedure;
  • documents confirming the purpose of entry to the temporarily occupied territory of Ukraine:
    copies of documents confirming kinship of foreigners or stateless persons and place of residence of their close relatives or family members on the temporarily occupied territory of Ukraine; 

    copies of documents confirming death of close relatives or family members who lived on the temporarily occupied territory of Ukraine;

    documents confirming burial of close relatives or family members on the temporarily occupied territory of Ukraine;

    documents confirming the rights of ownership with regard to property located on the temporarily occupied territory of Ukraine;

    request from or agreement with the Ministry of Foreign Affairs, as provided for in sub-para. 5 of paragraph 21 of the Procedure;

    request from or agreement with the Ministry of Information Policy, as provided for in sub-para. 7 of paragraph 21 of the Procedure;

    request from or agreement with the Ministry of Culture, as provided for in sub-para. 8 of paragraph 21 of the Procedure;

    permanent residence permit (shall be returned after showing) issued by the territorial body or unit of SMS, and its copy with the registration of place of residence of a foreigner or stateless person in the Autonomous Republic of Crimea or the city of Sevastopol;

    request from the Mejlis of the Crimean Tartar People, as provided for in sub-para. 10 of paragraph 21 of the Procedure;

    request from or agreement with the Ministry of Temporarily Occupied Territories, as provided for in sub-para. 11-12 of paragraph 21 of the Procedure;

    other documents that may support the purpose of entry to the temporarily occupied territory of Ukraine;

  • 3 photographs 35 mm x 45 mm.

Do you have legal problems with your immigration or a Ukrainian representative? Or you want to avoid legal problems from the onset through qualified legal assistance and representation? Please, contact us!

Keywords: Immigration lawyer Ukraine, Immigration lawyer Kharkov, Kiev, Dnepr, Lwov,  court, attorney, legal, litigation, solicitor, law, prosecutor, statutory, common law, barrister, counsel, family law, lawsuit, civil law, free legal advice, law firm, law dictionary, international law, legal advice, law firms, case law.