Is it necessary to change the residence permit if you got it through marriage and now got divorced?
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One knows the situation when a foreigner comes to Ukraine for the purpose of family reunification with a citizen of Ukraine, receives a Temporary Residence Permit, and then after some time the family breaks up, and the divorce procedure begins.
In our article, we will tell you what to do if you obtained a residence permit in Ukraine by marriage and then divorced.
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Legalization options and procedure for changing the basis for a residence permit in Ukraine
If a foreign national has lived in a marriage for more than two years and managed to get a Permanent Residence Permit, when divorcing, it does not entail the cancellation of the Permanent Residence Permit.
If a foreigner resides in the country on the basis of a Temporary Residence Permit, the divorce entails its cancellation, as the grounds for obtaining the permit are canceled.
Specialists of our company have developed a successful practice for the exchange of permits, in connection with a change of grounds.
In such a situation, it is important to submit the documents no later than 15 business days before the document expiration date. For example, depending on the circumstances, we offer to arrange employment through the establishment of an LLC, if the foreigner is willing to engage in entrepreneurial activities.
Or, for example, another option is to engage in volunteer activity. Even if the permit expires, there is still a way out.
If a foreigner has time to leave before the expiration of the permit, to get a new visa D with appropriate coding, then you can apply for a new permit. In this case, be sure to submit the previous document to the subdivision of the migration service.
If a foreigner has no time to leave before the expiration of the residence permit, there is also a way out. It is necessary to properly formalize the procedure for canceling the permit, namely:
- to deregister from the place of residence within seven days after the expiration date;
- necessarily submit the residence permit to the migration service office;
- receive a certificate on the withdrawal of the permit, which should be presented at the border, which will confirm that a foreigner has been legally residing in Ukraine.
Please note! In this case, it is necessary to leave Ukraine within seven calendar days.
If there are no grounds for the exchange of the permit, and the foreigner intends to return to their country, it is still necessary to complete the entire procedure correctly, i.e. to de-register the place of residence and submit the permit to the migration service.
If a foreigner left Ukraine, these procedures are carried out by the receiving party (wife, legal entity - company, organization, etc.).
The receiving party must notify the migration service authorities about the departure of the foreigner and/or early termination of the grounds for the residence permit. And if the permit is issued through employment, then the information must be sent to the appropriate employment center.
Of course, the best option is to contact our lawyers, who will study your situation, analyze the documents and offer the best solution for you.
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Liability for violation of legal requirements
It is very important to draw up everything correctly, in compliance with all the terms and procedures, because in case of violation of the rules of foreigners' stay in Ukraine, penalties may be imposed.
For example, a fine may be imposed for:
- living under invalid documents;
- residence under documents whose validity has expired;
- violation of the procedure for movement and change of residence;
- evasion from leaving the territory of Ukraine upon the expiration of the relevant period of stay;
- violation of the procedure for employing foreigners and/or providing them with accommodation;
- other actions, if they contribute to the evasion of departure from Ukraine.
Our lawyers will help you to handle all of these procedures correctly, most of them on the basis of a power of attorney.
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Don't risk your opportunity and right to stay on the territory of Ukraine - contact us in time. We will help you to stay in Ukraine legally.