Issuance of temporary residence permit

    In accordance to the Procedure for processing, issuance, exchange, cancelling, forwarding, withdrawal and return to the State, invalidating and abolishing of the temporary residence permit, approved by the Resolution of the Cabinet of Ministers of Ukraine of 25.04.2018, “the extension of the validity of the temporary residence permit” is not foreseen. In accordance with Article 19 of the Procedure for issuance of the temporary residence permit in case of expiration of the validity of the certificate for temporary residence, the documents for its exchange could be submitted no later than 15 working days before the date of expiration of its validity.

    Service recipients

    Foreigners and stateless persons who are temporary legally staying in the territory of Ukraine, as well as:

    1. reached the age of 16 years of have not reached the age of 16 years, but who have arrived solo to Ukraine with education purposes – on the basis of the application forms, submitted in person.
    2. have not reached the age of 16 years or recognized legally as incapable person – on the basis of application forms of the persons, mentioned in the paragraphs 2-13, Article 4, Law of Ukraine “On the legal status of  foreigners and stateless persons”, to whom they have arrived for the purpose of family reunification.

    Basis for receiving the service

    In accordance with Article 4 of the Law of Ukraine On Legal Status of the Foreigners and Stateless Persons the temporary residence permit is issued to:

    • foreigners or stateless persons who, according to the law, have arrived in Ukraine for for the purpose of employment;
    • foreigner or stateless person who arrived in Ukraine for the purpose of participation in technical assistance projects, registered according to the established procedure;
    • foreigner or stateless person who arrived in Ukraine for the purpose of preaching and delivering religious instruction, carrying out religious rituals or other canonical activity, upon invitation of religious organizations and in agreement with a public authority that performed registration of this religious organization;
    • foreigner or stateless person who arrived in Ukraine for the purpose of participating in the activity of branches, divisions, representative offices and other structural units of civil society (non-governmental) organizations of foreign states, registered according to the established procedure;
    • foreigner or stateless person who arrived in Ukraine for the purpose of employment at representative offices of foreign business entities in Ukraine, registered according to the established procedure;
    • foreigner or stateless person who arrived in Ukraine for the purpose of carrying out cultural, scientific or educational activity on the basis and according to the procedure established by international agreements of Ukraine or special programmes, a foreigner or stateless person who arrived in Ukraine for the purpose of participating in international and regional volunteer programmes or participating in the activity of organizations and institutions that engage volunteers on the basis of the Law of Ukraine on Volunteering, the information of which is present on the official website of Ministry of social policy of Ukraine;
    • a foreigner or stateless person who arrived in Ukraine for the purpose of working as a correspondent or representative of foreign mass media outlets;
    • a foreigner or stateless person who is the founder and/or participant and/or beneficiary owner (controller) of a legal entity registered in Ukraine and whose share of ownership or a foreign legal entity, the beneficiary (controller) of which is such foreigner or stateless persons, in the authorized capital of a Ukrainian legal entity is not less than 100 thousand euros at the official exchange rate established by the National Bank on the date of a foreign investment;
    • a foreigner or stateless person who arrived in Ukraine for the purpose of study;
    • foreigner or stateless person who arrived in Ukraine for the purpose of family reunification with persons who are Ukrainian nationals or who during their legal stay on the territory of Ukraine in cases listed in parts three – thirteen of Article 4 of the Law of Ukraine on the Legal Status of Foreigners and Stateless Persons, has married the citizen of Ukraine;
    • a foreigner or stateless person, which have been released from Migrant Accommodation Centres for foreigners and stateless persons illegally staying in Ukraine on the basis of the court decision to cancel decision on their  detention or forced expulsion from Ukraine, or those who prior to expiration of the maximum period of their stay in such Centres have not been expelled from Ukraine on the basis of absence of travel document, transport connection with their country of origin or other reasons outside their control.

    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 an application together with the required documents;
    • Receive a temporary residence permit.

    REMARK! State Enterprises which come within jurisdiction of SMS and Centers of Providing Administrative Services will accept documents on issuance of permanent residence permits after appropriate material-and-technical support will be provided.

    As of June 01, 2018, issuance of permanent residence permits will be provided exclusively by territorial bodies/units of SMS.

    Service fees and benefits

    • Government charge in the amount of 34 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 1022 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).

    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 and stateless persons, who have reached the age of 16 years of have not reached the age of 16 years, but who have arrived solo to Ukraine with education purposes submit the application forms in persons.

    For the foreigners and stateless persons, who have not reached the age of 16 years or recognized legally as incapable persons – their application forms are submitted by the persons, mentioned in the  paragraphs 2-13, Article 4, Law of Ukraine “On the legal status of  foreigners and stateless persons”, to whom they have arrived for the purpose of family reunification.

    Required documents

    In order to apply for temporary residence permit, a foreigner or stateless person who, according to the law, arrived in Ukraine shall submit the following documents:

    1. passport of a foreigner or ID document of a stateless person with D Visa, unless otherwise provided for by the legislation and international agreements of Ukraine (shall be returned after showing), and copies of passport;
    2. document, that certifies  a person of a legal representative, and a document, that certifies authority of a person to act as legal representative (in case if documents are submitted by the legal representatives) (original documents shall be returned upon showing, only the copies of the documents are submitted);
    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. valid medical insurance policy;
    5. payment slip confirming payment of government charge or document certifying certain exemptions (the original shall be returned after showing, only the copy is submitted);

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of employment shall submit the following documents:

    1. permission to recruit foreigner workers and stateless persons (for the foreigners and stateless persons whose employment is not subject to permission to recruit foreign labour, such permission shall be substituted by an employment contract, and with regard to persons recognized as foreign Ukrainians – an employment contract and a foreign Ukrainian ID card). The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date;
    2. the employer's obligation to notify the SMS and the state employment service about the early termination or termination of an employment contract with such foreigner or such stateless person.

    In order to apply for a temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of participation in technical assistance projects, registered according to the established procedure shall submit the following documents:

    1. request (solicitation) of the host organization (public authority, company or organization identified as recipient in the framework of the international technical assistance project);
    2. copy of the project registration card for the international technical assistance project issued by the Ministry of Economic Development and Trade of Ukraine and attested by the recipient’s seal.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of preaching and delivering religious instruction, carrying out religious rituals or other canonical activity, upon invitation of religious organizations and in agreement with a public authority that performed registration of this religious organization, shall submit the following documents:

    1. request (solicitation) of the respective religious organization;
    2. letter of agreement from a public authority that performed registration of the respective religious organization.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of participating in the activity of branches, divisions, representative offices and other structural units of civil society (non-governmental) organizations of foreign states, registered according to the established procedure, shall submit the following documents:

    1. request (solicitation) of the respective branch, division, representative office or other structural unit of the civil society (non-governmental) organization;
    2. original and copy of the registration certificate of a structural unit of the civil society (non-governmental) organization of the foreign state in Ukraine. The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of employment at representative offices of foreign business entities in Ukraine, registered according to the established procedure, shall submit the following documents:

    1. request (solicitation) of the respective representative office of the foreign business entity in Ukraine;
    2. original (shall be returned after showing) and copy of the registration certificate of such representative office.The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of employment at branches or representative offices of foreign banks, registered according to the established procedure, shall submit the following documents:

    1. request (solicitation) of the respective branch or representative office of the foreign bank in Ukraine;
    2. certificate of accreditation of such branch or representative office. The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of carrying out cultural, scientific or educational activity on the basis and according to the procedure established by international agreements of Ukraine or special programmes, a foreigner or stateless person who arrived in Ukraine for the purpose of participating in international and regional volunteer programmes or participating in the activity of organizations and institutions that engage volunteers on the basis of the Law of Ukraine on Volunteering, the information of which is present on the official website of Ministry of social policy of Ukraine, shall submit the following documents:

    1. request (solicitation) of the respective public authority responsible for implementation of cultural, educational, sport, scientific or volunteer programmes for participation of which a foreigner or stateless person arrived in Ukraine, or volunteer organization;
    2. or request (solicitation) of the organization that involves volunteers to its activities in accordance to the Law of Ukraine on Volunteering, the information of which is presented on the official website of the Ministry of Social Affaira of Ukraine and  certificate of state registration of the volunteer organization. The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of working as a correspondent or representative of foreign mass media outlets shall submit the following documents:

    1. application of a foreign mass media outlet;
    2. solicitation from Ministry of Reintegration of  the Temporarily Occupied Territories of Ukraine.

    In order to apply for the temporary residence permit, a foreigner or stateless person who is the founder and/or participant and/or beneficiary owner (controller) of a legal entity registered in Ukraine and whose share of ownership or a foreign legal entity, the beneficiary (controller) of which is such foreigner or stateless persons, in the authorized capital of a Ukrainian legal entity  is not less than 100 thousand euros at the official exchange rate established by the National Bank on the date of a foreign investment is made, shall submitt the following documents:

        1. copy of the constituent document of a legal entity, certified by an authorized official of a legal entity;
        2. written commitment of the legal entity with an obligation to notify the SMS on the termination of the status of foreigner or stateless person as a founder and/or participant and/or beneficiary owner (controller) of a legal this entity.
        3. other documents depending on the type of foreign investment:

          * information on the size of the share of a foreigner or stateless person - the founder (participant) of a legal entity in an amount not less than 100 thousand euros at the official exchange rate established by the National Bank on the date foreign investment is made as a contribution to the authorized capital, if a foreign investment is made in a monetary form, certified by an authorized official of a legal entity;

          * or a copy of the cargo customs declaration on movable property transferred as a contribution to the authorized capital of the legal entity, and a copy of the act of acceptance-transfer of such property, if the foreign investment is carried out in the property form, certified by an authorized official of the legal entity;

          * or a copy of the act of acceptance-transfer of movable or immovable property transferred as a contribution to the authorized capital of a legal entity, if the foreign investment is made in the form of property, but such property was acquired in the territory of Ukraine, certified by an authorized official of the legal entity;

          * or an extract from the securities account if the foreigner or stateless person is a shareholder of a joint-stock company registered in Ukraine, certified by an authorized official of the legal entity.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of study shall submit the following documents:

        1. document confirming the actual study in Ukraine (attested in accordance with established procedure orders of education establishment on establishment of the education period for foreigner students.
        2. request (solicitation) of the education institution with the obligation to inform SMS in case of enrolment termination.

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of family reunification with persons who are Ukrainian nationals or who during their legal stay on the territory of Ukraine in cases listed in parts three – thirteen of Article 4 of the Law of Ukraine on the Legal Status of Foreigners and Stateless Persons, has married the citizen of Ukraine shall submit the following documents:

        1. document that confirms the marriage to a Ukrainian national.  The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date;
        2. passport of a citizen of Ukrainene, whom foreigner is married to, that are submitted personally by the citizen of Ukraine. The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date.

    If the marriage between a citizen of Ukraine and a foreigner or a stateless person is concluded outside Ukraine in accordance with the law of a foreign state, the validity of such a marriage shall be determined in accordance with the Law of Ukraine "On Private International Law".

    In order to apply for temporary residence permit, a foreigner or stateless person who arrived in Ukraine for the purpose of family reunification with persons listed in parts two – thirteen of Article 4 of the Law of Ukraine on the Legal Status of Foreigners and Stateless Persons shall submit the following documents:

        1. document on the basis of which they, according to the law of the country of origin of a foreigner or stateless person, are considered to be family members person, listed in the parts two-thirteen Article 4 of the Law of Ukraine on the Legal Status of the Foreigners and Stateless Persons. The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date;
        2. documents confirming the host’s sufficient financial means to support family members in Ukraine;
        3. temporary residence certificate of the foreigner or stateless person, to which family member has arrived (shall be submitted by the bearer in person). The original document shall be returned to the foreigner or stateless person after showing, only the copy of this document is attached to the application form. This copy shall be attested by the employee of the territorial body/unit of the SMS, authorized entity by placing the mark “In accordance to the original” and by signing with indication of his/hers position, surname, initials and date.

    In order to apply for temporary residence permit, a foreigner or stateless person, which have been released from  Migrant Accommodation Centres for foreigners and stateless persons illegally staying in Ukraine on the basis of the court decision to cancel decision on their  detention or forced expulsion from Ukraine, or those who prior to expiration of the maximum period of their stay in such Centres have not been expelled from Ukraine on the basis of absence of travel document, transport connection with their country of origin or other reasons outside their control, shall submit the following documents:

        1. certificate confirming that a foreigner (stateless person) is held in the Migrant Accommodation Centre for foreigners ans stateless persons illegally staying in Ukraine, that is issued on the ground of the conclusion made by the SMS on impossibility of forced expulsion from Ukraine of the foreigner or statless person due to absence of travel document, transport connection with their country of origin or other reasons outside their control, after expiration of the maximum period of their stay in Migrant Accommodation Centre for foreigners ans stateless persons illegally staying in Ukraine, or if technical impossibility to conduct forced expulsion have been indicated before.

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

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

    In case of exchange due to expiry of permit, documents, mentioned in paragraphs 33 of Order on temporary residence permit processing, shall be additionally submitted.

    Time limit for application review

    The temporary residence permit is issued within 15 working days after the documents were submitted by the foreigner or stateless person

    Result of the service

    Receipt of the temporary residence permit

    Validity period of a document resultant from the service

    Temporary residence permit is issued for one year with the possibility of exchange, exept for the following:

    Temporary residence permit for the foreigners and stateless person who arrived in Ukraine for the purpose of employment shall be issued for the duration of the term indicated in employment contract.

    Temporary residence permit for foreigners and stateless persons who arrived in Ukraine for the purpose of implementing international technical assistance projects shall be issued for the duration of implementation of the relevant international technical assistance project.

    The temporary residence permit for foreigners ans stateless persons who are are founders and /or participants, and/or beneficiary owners (controllers) of a legal entity registered in Ukraine shall be used for the period of two years.

    Temporary residence permit for foreigners and stateless persons who arrived in Ukraine for the purpose of study shall be issued for the duration of study, which is indicated by the order of education establishment on establishment of the education period for foreigner students.

    Grounds for denying the service

    A decision to deny issuance of temporary 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), refugee certificate or  certificate of a person in need of complementary protection that are valid on the day of application;
        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 for receiving of the temporary residence permit was made without appropriate documents confirming powers on receiving of permit;
        6. foreigner or stateless person submitted not complete package of documents or information necessary for the issuance of temporary residence permit 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, was 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  has expired;
        9. foreigner or stateless person knowingly presents 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, individuals or legal enteties, 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

    Documents for issuance of the temporary 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) have appeared.

    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. In such cases the temporary residence permit that is subject to exchange after submission of the documents is returned to the person. The mentioned permit shall be surrendered upon receiving of a new temporary residence permit.

     

    Legislation on service providing

     

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