You're reading: Government tinkers with foreigner permit rules

Ukraine’s Cabinet of Ministers on April 25 published additional changes to the procedures for obtaining temporary and permanent residency permits that allow foreigners working in the country and their dependants to stay beyond 90 days within a 180-day period.

The new changes come into effect on May 15.

Kyiv’s legal community said the new legislation didn’t make the procedure easier but noted that the language is more detailed and provided clarity in some areas for residency applicants, namely for dependants of principal residency applicants.

Baker & McKenzie partner Lina Nemchenko told the Kyiv Post that the changes provide more “predictability and clearly identify the documents that the residency applicant needs.”
Meanwhile, an April article by Frishberg & Partners said they were “somewhat a step back in the immigration evolution process.”

According to the new procedures, foreign employees still must obtain a work permit from a Ukrainian company or certified invitation from a foreign representative office before applying for a long-term D visa in a Ukrainian consulate that will enable them to apply for a temporary residency permit.

Permanent and temporary residency permits are issued by the State Migration Service for up to one year, and according to the changes, may be renewed for an unlimited amount of time if there is justification.

Also, the new legislation stipulates that a permanent residency permit will be considered within seven days whereas a temporary residency permit will be considered within 15 days, after all the specified documents outlined in the procedure are submitted.

It is not clear whether the state migration service is ready to start implementing the new procedures.

In response to a Kyiv Post inquiry, Frishberg & Partners Senior Partner Scott Brown said authorities have a track record of running two weeks behind on making a smooth transition to implementing legislative changes.

In addition, Nemchenko of Baker & McKenzie said that in talks with migration officials, some had doubted whether they’ll be ready by May 15, while others said they had all the required documents to implement the new procedures.

“I’ve almost never seen the authorities ready for anything,” said Nimchenko.

A deputy head of the migration service contacted by the Kyiv Post said he wouldn’t comment as he was on sick leave.


Another welcome change is that residency applicants won’t have to provide documents proving state registration at an address.

– Lina Nemchenko, partner at Baker & McKenzie

On a positive note, the Baker & McKenzie article stated that the residency permit will become a proof of identity, as it will contain the same personal information as a passport.

According to the technical specifications outlined in the law, the residency permit will resemble a passport booklet in size and shape, which will presumably have enough page space for temporary residency extension stamps, instead of the cardboard paper document currently issued.

However, Frishberg & Partners’ Scott Brown told the Kyiv Post that in practice it still isn’t clear whether the police will accept the residency permits as identification when conducting identity checks.

Current law stipulates that foreigners must carry their passports with them at all times.

Another welcome change is that residency applicants won’t have to provide documents proving state registration at an address, Nemchenko said. The new procedure simply reverses the order. Applicants have to now register their domicile with authorities 10 days after receiving a residency permit, but not at the time of application.

Human rights groups in Ukraine have called the mandatory domicile registration with authorities a violation of freedom of movement rights, a Soviet practice that still exists to make citizens unreasonably accountable to their government.

And for employees who have spouses and children, they as the principal visa holder must apply first and receive a residency permit before their dependants can legally join them in Ukraine, said Brown.
“Dependents cannot apply in parallel with the principal visa holders,” said Brown.

An additional drawback, according to Brown, is that original copies of marriage and birth certificates of children must be shown to migration authorities in addition to copies certified by Apostille of the documents.

Principal visa and residency applicants also must provide evidence of their financial stability and capability of supporting their spouses and dependents during their stay in Ukraine.

“This document may be either proof of sufficient cash in Ukraine (not recommended in this country), a bank statement from the permit holder’s account, a guarantee, proof of payment for food, accommodation and travel, etc.” read a Frishberg & Partners article on Ukraine’s immigration laws.

“Nobody wants to show how much cash they have plus the law doesn’t stipulate a threshold for how much would suffice,” said Brown.

Brown concluded that not much has changed with the recent changes, but although the positive aspects counterbalance the negative ones.

Kyiv Post staff writer Mark Rachkevych can be reached at [email protected].