What has been changed?
The Cabinet of Ministers of Ukraine this year adopted resolutions which change the procedure for foreigners to obtain both Ukrainian Temporary Residence Permits (TRPs) and Permanent Residence Permits (PRPs), and establishes a new format for the documents themselves. These amendments came into effect on June 1, 2018.
Driving the procedural changes is the new format mandated for the TRPs/PRPs. From now on, these documents will be issued in the form of plastic ID cards instead of passport-style booklets, and will contain a biometric chip.
Here are the key procedural changes introduced by the resolutions:
- Processing terms: TRP and PRP applications will be processed within 15 business days, instead of 10 calendar days as was previously the case.
- Application deadline: Foreign nationals will have to submit their TRP/PRP applications at least 15 business days before the expiration date of their legal stay in Ukraine, instead of 10 calendar days as was previously the case.
- Application process: Foreign nationals will have to appear in person when applying for a TRP, and an application for obtaining a TRP or extending a TRP can no longer be submitted through a representative. Each foreign national will have to appear in person at the migration authority’s office at least twice: first when applying for the TRP, then, again, when collecting it.
- Immigration compliance requirements for minor dependants: Children under 16 years of age who are accompanying foreign nationals will be required to apply for separate TRPs/PRPs
- PRP validity term: The new format of the PRP will be valid for 10 years instead of an indefinite period, as was previously the case. It may be extended for another 10 years unlimited number of times.
Old passport-style TRPs/PRPs will remain in force for their remaining term of validity or until amendments are introduced (whichever occurs earlier).
The new resolutions establish that TRP/PRP applications may be submitted not only to migration bodies, but also to Centers for the Provision of Administrative Services and to state-owned enterprises governed by the State Migration Service (e.g. the state-owned enterprise “Document”). This approach is meant to be more convenient for foreign individuals who go through the procedure. However, this option is not technically available yet, as internal regulations have not yet been approved.
The statutory fee for processing TRP/PRP applications has increased insignificantly. The state-owned enterprise “Document” will charge a separate fee for their services.
Potential inconveniences:
The new procedure for obtaining or extending TRPs/PRPs may cause inconvenience to the following categories of foreign nationals:
- Those individuals whose TRPs or term of legal stay in Ukraine based on a type D visa is about to expire
Issue 1
Foreigners may face a situation in which they do not have sufficient time to obtain or extend their TRP/PRP, because of the increase in the necessary term to consider applications.
Action
The process of obtaining or extending a TRP should be carefully planned, well in advance.
Issue 2
Changes may not be properly implemented for several months owing to technical difficulties at the level of the competent bodies.
Action
The situation should be constantly monitored in order to understand how the procedures are being implemented in practice.
- Those who have a tight business/travel schedule
Issue 1
Foreigners may face a situation in which they are unable to travel for a certain time while the documents required for obtaining or extending a TRP or for obtaining a PRP are being held by migration authorities—i.e., migration authorities might hold a foreign national’s passport alongside other documents while they prepare a TRP.
Action
Previously, the migration bodies allowed a foreign national to present his or her passport just briefly while applying for a TRP or PRP, and then to bring the passport again and leave it with the migration office for one day before collecting the TRP or PRP.
During this one-day period, migration authorities affixed the respective stamp in the foreign national’s passport, confirming the issuance of the TRP or PRP. In theory, the migration authorities could keep applying this approach, but it’s unclear if they will and this should be confirmed directly with them.
Issue 2
As the new TRPs and PRPs will contain foreign nationals’ biometric data, it is no longer possible to apply for TRPs/PRPs through a representative, based on a power of attorney. The foreign national must appear in person.
Action
Currently, it is necessary to schedule visits to the migration authorities in advance and to book appointments for an exact time. However, as soon as Centres for the Provision of Administrative Services and the State-owned enterprise “Document” start accepting TRP/PRP applications, applicants will have a possibility to choose the most convenient place for them.
III. Those who intend to relocate their minor dependents to Ukraine in the near future
Issue
The process of obtaining separate TRPs/PRPs for minor dependents of foreign nationals may interrupt their schedule and will cause additional expenses related to the immigration procedure.
Action
The travel schedule of the family must be planned beforehand and additional expenditures should be budgeted, taking into consideration the citizenship of the foreigners and their dependents, the urgency of their relocation and other factors.
What should companies consider in light of these changes?
From the perspective of Ukrainian immigration law, it is not compulsory to adjust general mobility strategies for the relocation or transfer of personnel.
In summary, the changes are of a procedural nature and do not affect the existing list of legal grounds for applying for either a TRP or a PRP. In the case of employment, for example, the local immigration compliance procedures for foreign nationals who come to Ukraine for this purpose still consist of the following key steps:
(1) Obtaining a Ukrainian work permit (WP). A foreign national can legally be assigned to a Ukrainian company after the WP is obtained.
(2) Obtaining a type-D visa based on the issued WP (with certain exemptions). A foreign national can enter Ukraine with the purpose of employment and start the assignment after the type D visa is obtained.
(3) Obtaining a TRP based on the WP and type D visa.
(4) Registration of place of residence upon obtaining a TRP.
