Renewal of a certificate of temporary or permanent residence in Ukraine during the war
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A residence permit is a document that certifies the identity of a foreigner and gives him/her the right to legally reside in Ukraine permanently or temporarily. The residence permit is issued for a specific limited period (from 6 months to 3 years), depending on its grounds.
Grounds for residence permit extension in Ukraine
Almost all services are now available to Ukrainian citizens and foreigners, including the issuance of a temporary residence permit. However, foreigners must meed several conditions:
- have grounds for obtaining the permit or for its exchange, including extension (you can read more about the grounds for obtaining the residence permit here);
- stay legally on the territory of Ukraine or have a valid visa D with appropriate coding (for example, employment D-04, family reunification with a citizen of Ukraine D-14, training D-13, etc.)
- residing on the territory where the migration service agencies provide services.
Clarification for wartime:
If there are no Migration Service divisions in the area where a foreigner lives, or they work, but do not provide administrative services to foreigners, our lawyers will help you find the nearest subdivision of the SMS, Administrative Services Center or SE "Passport Service", which provides services to foreign nationals regardless of their place of registration or temporary residence.
Deadlines for filing documents, and a residence permit extension period
Please note! Documents for a residence permit must be submitted no later than 15 business days before the end of your stay in Ukraine.
The same applies to submitting an application for exchange, extension of the identity card or Permanent Residence Permit. True, there are exceptions when the document must be exchanged due to a change of information (e.g. change of name), unsuitability for further use or loss. In this case, the exchange period is one month.
If the deadline is violated, foreigners are subject to fines for violation of Article 203 of the CAO in the amount from UAH 1,700 to UAH 5,100.
The period for which the permit will be extended depends on the basis on which the permit is obtained. The average period is from 6 months to 3 years. The Temporary Residence Permit through marriage, for example, is issued and extended for 1 year. But if you have been married for more than 2 years, you can apply for a Permanent Residence Permit.
You may also like: Visa D in Ukraine: What to Do if It Expires?
The procedure for extending a Temporary Residence Permit in Ukraine
In the case of an exchange or extension of the permit, one can apply for an extension of the period of stay in Ukraine. However, during the initial processing, the Migration Service requires leaving Ukraine in almost all cases. Most often this is due to the need for a D visa.
All consular offices of Ukraine continue to issue visas to foreign citizens to enter Ukraine.
In any case, to extend the visa you should first check the documents that you already have.
- If you have a temporary residence permit, check the validity of the document on the front side of the form.
- Permanent residence permits (except for the new ID-cards) must be exchanged when you reach the age of 25 and 45 or if your information (last name, first name, etc.) changes;
- If you have a visa, you should check the validity period on the visa label;
- If you are in Ukraine without a visa, the total period of stay must not exceed 90 days within the last 180 days.
Peculiarities of residence permit extension in 2022 in war time
If your temporary or permanent residence permit in Ukraine expired during martial law, you can present to the migration service a document that expired or that you did not have time to renew according to the current legislation. For example, old-type permits, which had to be renewed at 25 and 45 years old.
That is, in the conditions of martial law, while ensuring the measures of the legal regime, you have a legal right to present a document for identification and confirmation of special status (legal stay in Ukraine), which has expired. This situation may arise during document checks at checkpoints, inspection of the vehicle, belongings, premises, etc. But, taking into account that the migration service units have resumed their work, it is necessary to exchange the expired document as soon as possible.
Where to apply to extend a Temporary Residence Permit?
- If you have an old-type permit, the Migration Service will check the legality of your permit to immigrate to Ukraine and the grounds for issuing the previous document before exchanging the permit. At this stage, foreigners often face problems – we conduct a preliminary analysis and check all the points to which the SMS may have questions. We act proactively, preparing you for the visit to the state authority.
- If the deadline for submission of documents for the exchange of a foreigner’s visa is violated, a foreign person may be held administratively liable. In this situation, our specialists also help minimize, and sometimes avoid penalties. If necessary, we may assist in appealing against the administrative protocol.
- After martial law was imposed in Ukraine our lawyers have already had a successful practice of exchanging IDs for citizens of Russia and Belarus. So, as of the date of this article, the documents of six clients obtained new documents, four of whom have already received their permits (three citizens of Belarus and one citizen of Russia).
- You can submit documents for a visa and receive a ready document only in person.
- Documents for registration and exchange of permits are accepted on the territory of Ukraine at the place of residence. Consular offices do not provide this service.
Documents for extending a residence permit in Ukraine
The standard package of documents consists of:
- A document that certifies the identity - a passport for crossing the border.
- Original of previously obtained Temporary Residence Permit.
- New 4 photos (3,5x4,5).
- Documents that confirm the grounds for temporary residence.
If you have an identification tax number, you must also provide it. Along with your passport, you need to submit its certified translation.
What to do if I failed to extend my Temporary Residence Permit before the expiration date?
Due to a difficult situation with pandemic COVID-19 in the world, countries introduce the lockdown, close borders and prohibit any entries and exits from their territories, and the Cabinet of Ministers of Ukraine decided to approve the “Quarantine” Resolution.
This document, for the period of quarantine or restrictive measures related to the spread of coronavirus disease (COVID-19), from the day of announcement of quarantine, stops the deadlines for applying for administrative and other services and the deadlines for providing these services as defined by law.
From the date of termination of the quarantine, these periods continue, taking into account the time elapsed before it was stopped. This means that even if your Temporary Residence Permit has expired, you can still extend it (a complicated situation will be only with a visa issued on the basis of employment, but we can solve this too).
It is also stipulated that the execution of documents during the quarantine period is carried out at the place of application of the person. This means that you can be registered or reside in another city, and apply for a residence permit in the city where you are at the time of such a need. (Unfortunately, the nuance is that not all agencies adhere to these rules, so it is better to clarify this issue individually for each city).
When the deadline is missed, the only legal option for a foreigner is to leave the country and try to apply for a new visa, or wait until the legal 90 days to stay again. But it is worth noting that in the case of overstaying on the territory of Ukraine, the state provides for penalties for such violators: a fine, a ban on entry or deportation.
During the introduction of quarantine and martial law in the country there is no fine for this violation, but there are still other penalties that can be used against you.
What changes affect citizens of the Republic of Belarus and the Russian Federation?
Recently, the head of the Migration Service at a media briefing said that almost all services to foreigners have been resumed, including the services to citizens of the Republic of Belarus, since this country is not officially recognized as an aggressor in relation to Ukraine.
As for citizens of the Russian Federation, all previously issued certificates and Permanent Residence Permits undergo full inspection in cooperation with law enforcement authorities. In addition, the procedure for verification of Russian citizens is under approval. Once the relevant procedure has been agreed upon, the issue of providing services to citizens from the aggressor country will be resolved.
That is, the right to receive migration services has already been restored to citizens of Belarus, but with regard to citizens of Russia, the issue is still put on hold, because it requires additional study and coordination. It is necessary to wait until the algorithm of document processing for this category of persons is developed.
Please note! All Russian citizens who currently reside in Ukraine and have a valid Permanent Residence Permit or ID card can exercise all of their rights, including entering and leaving Ukraine without limitations.
There is no official ban on processing documents for Russian citizens. In this connection, the actions of the migration service can be considered not fully compliant with current legislative acts, primarily the Law of Ukraine “On the Legal Regime of Martial Law”. It states that the legal status of foreigners and stateless persons, who are on the territory of Ukraine during martial law, is determined by the Constitution and laws of Ukraine, international treaties of Ukraine, consent to be bound by which is granted by the Verkhovna Rada of Ukraine.
When may the residence permit extension in Ukraine be denied?
There are a number of reasons and situations in which the SMS may refuse to extend a residence permit:
- A foreigner or a stateless person has a valid Temporary Residence Permit on the day of application;
- The established term of stay for a foreigner has been violated or an unfulfilled decision of the authorized state body on forced return, forced expulsion or, for example, a ban on entering Ukraine is in force with respect to the person;
- When checking the Registers of debtors, court decisions and other databases, there is a discrepancy with the data provided by the foreigner;
- The person has Ukrainian citizenship;
- The certificate is applied for by a legal representative who does not have documented authority to obtain it;
- Documents and information are not submitted in full or in violation of time limits;
- Information has been received (from a state body) that the actions of a foreigner or stateless person threaten national security, public order, health, protection of rights and legal interests of citizens of Ukraine or other persons residing in Ukraine etc;
- The foreigner’s identity document is forged, damaged or does not correspond to the established sample, belongs to another person or its validity has expired;
- False information or forged documents have been submitted;
- A foreigner or a stateless person is found to have failed to comply with the decision of the court or state bodies of Ukraine authorized to impose administrative penalties, or the person has other property obligations to the state, individuals or legal entities, including those related to previous expulsion from Ukraine, including upon the expiry of the ban on further entry to Ukraine.
How to understand what caused the rejection, and how to correct the situation?
In case of a refusal, you must be provided with an official document signed by the head of the Migration Service, which will include your data and a specific paragraph of the Order, which regulates the SMS decision (the reasons mentioned above).
Let’s consider in more detail the most frequent reasons for refusal to extend a Temporary Residence Permit.
In case of Paragraph 1 (a foreigner has a valid residence permit), this may mean that you have filed documents for the extension of the residence permit too early, and the end of the old residence permit is more than 3 months. In this case, you can easily reapply for a residence permit, but it is worth doing it no earlier than two and a half months, but not later than 15 business days before the expiration of the visa.
Please note! If, for example, a Temporary Residence Permit was obtained for studying, and it ends before the period specified in it, it is advisable to take a certificate from the university, which will confirm this fact, and submit it along with the rest of the package of documents for the exchange of residence permit.
There are also situations when a person needs to leave Ukraine for a long time, and understands that on his/her return the Temporary Residence Permit will expire, then you can try to submit all the documents accompanied by a written statement, which clearly explains the situation and the reason for the premature extension. You can also rely on the fact that now in Ukraine there is a Resolution of the Cabinet of Ministers, which allows you to extend the Temporary Residence Permit with expired terms for as long as there are quarantine restrictions in Ukraine.
In any of the situations, our lawyer will easily help you avoid rejection and arrange everything so that you can get guaranteed extension of the residence permit.
Paragraph 2 (the rules and terms of stay are violated) – this situation does not require a long explanation, because every foreigner should know that coming to Ukraine, he/she has the right to stay on its territory legally for no longer than the visa allows, or 90 days (for visa-free countries). Citizens of Belarus are an exception – for them the number of days is increased to 180 days.
The law provides for the possibility of extending the period of stay, but only with valid reasons:
- the last stages of pregnancy;
- serious illness requiring inpatient treatment;
- the foreigner has submitted documents for immigration and they are under consideration.
Legal advice in case of overstaying in Ukraine:
- You must pay the fine if you plan to visit Ukraine in the future.
- The entry ban can be lifted if you have a receipt of the paid fine and if you give strong arguments about the reason for overstaying in Ukraine
- Expulsion/deportation is already a valid reason, after which you most likely will not be able to enter Ukraine, it is important not to allow this situation.
Paragraph 3 (The foreigner is listed in the Registry of Debtors, Court Proceedings, etc.). Usually the following situations can be the reason for refusal under this clause:
- You have received a fine for a traffic violation and have not paid it, you have committed an administrative or minor criminal offense, or your data is entered in the register of debtors. The right solution to this situation is to solve the initial problems, and then deal with the processing or extension of the Temporary Residence Permit.
- There may also be a situation where a person filed documents for a residence permit or extension, and during the examination of documents got under the sanctions of the Migration Service, for example, a fine or reduction of stay. And at the same time, the issue was left to chance: the fine was not paid or the person did not leave the country.
Our lawyers will help you to find out the reason for the refusal, send requests to the relevant state authorities to clarify the circumstances, and help you pay the fine or lift the entry ban. We will do everything possible to help you remove the obstacles that legally prevent you from extending your residence permit in Ukraine.
Paragraph 9 (False information or forged documents). Often, the permit is denied when the documents specify other address than the person’s residence. In such a case, it is better to register at the address where you live.
But there are cases where people live in rental apartments and do not have the opportunity to register there, then ithey should their address in the column of the actual address, and it is better to emphasize this point to a specialist who accepts your documents, as it is, for the most part, in your interests.
When assiting to get a Temporary Residence Permit in Ukraine, we always advise our clients on the completion of the procedure and the rules of registration, so that in the future there are no problems on this point.
How our company can help you to extend your Temporary Residence Permit
Our lawyers have extensive practical experience in obtaining and extanding residence permits for foreigners. We can help you to solve the most complex issues and provide you with detailed advice. For example:
- Do I need to exchange my permit if the grounds have changed?
- What to do if my visa is lost or stolen?
- What to do if I have changed my last name?
- What are the deadlines to apply to the Migration Service?
- Why may I be refused to exchange your visa?
- What violations can lead to administrative liability?
Our lawyers constantly monitor the provision of services for foreigners by Ukrainian migration authorities and consular offices.
Our lawyers will study in detail your case, prepare the necessary package of documents and help not to miss the deadline.