Obtain permanent residence in Ukraine after 5 years of living in the country
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Ukrainian law is progressively aligning with the norms and standards of international law, which also encompasses the realm of migration law. In this vein, July 2023 saw the Ukrainian President endorsing amendments initiated by the migration service and ratified by the Supreme Council of Ukraine into the Ukrainian Law. These modifications lay down the foundational principles for immigration to Ukraine and the issuance of permanent residence permits.
Among the most awaited changes is the introduction of a provision allowing foreigners to obtain permanent residency after a continuous five-year stay in Ukraine. What was the situation prior to these amendments? Earlier, foreigners were eligible for temporary residence permits) linked to employment, religious, or volunteer activities, among other reasons, necessitating frequent renewals due to the very limited grounds for permanent stay. The opportunity to secure a permanent residence permit was virtually non-existent.
The updated immigration guidelines in Ukraine: How to obtain a permanent residence permit after five years of residence?
From October 2023, the Law incorporated a new criterion for immigration – uninterrupted residence under a temporary residence permit for five years or more.
To qualify, a foreign national must:
- Secure a temporary residence permit for any legitimate reason.
- Renew the validity of their permit (replace the certificate after its expiration or for other pertinent reasons) consistently over the last five years.
а. This renewal should occur not just on the expiry of the permit, but also in cases of changes in last name, first name, middle name, or other personal data.
3. Avoid leaving Ukraine for a period exceeding 90 days at a time or aggregating to more than 180 days within these five years.
If over the past five years, a foreign national had to leave Ukraine for a period longer than 90 days, for reasons such as medical treatment, education, or business trips, and can provide documentary proof of such circumstances, this departure won't be counted as a breach of the continuous residency requirement for obtaining a permanent residence permit.
Furthermore, changing one's place of residence within Ukraine in the last five years doesn't impact the eligibility for permanent residency. This includes relocating one's registered address, whether within the same locality or to a different region.
To apply for a permanent residence permit, applicants need to submit the following documents to the migration service:
- Passport, accompanied by a Ukrainian translation;
- Temporary residence permit, along with proof of registered residence in Ukraine and abroad;
- A document confirming no criminal record in the country of origin;
- A health certificate verifying the absence of diseases as outlined by the Ministry of Health.
All documents issued abroad must be either legalized or apostilled and then translated into Ukrainian. These translations are subject to specific requirements, such as notarial authentication.
Permanent Residency and Citizenship in Ukraine through Continuous Residence
Many of our firm's clients, including employees who have periodically had to renew their work and residency permits, now have the chance to secure a document for permanent residency. This not only allows them to reside in Ukraine indefinitely but also grants them the right to work without needing a special employment permit.
Furthermore, for those clients who previously lacked grounds to apply for Ukrainian citizenship, this opportunity has now become available.
The pathway to Ukrainian citizenship involves several stages:
- Stag 1. Obtaining a temporary residence permit based on various grounds such as employment, gig contracts, volunteering, involvement in religious, scientific, cultural, or sports activities, media work (including correspondent roles), studying, etc.
- Stage 2. Continuously residing in Ukraine for five years, with the renewal of the temporary residence permit as needed.
- Stage 3. Compiling and submitting immigration documents to obtain a residence permit.
- Stage 4. Maintaining a continuous residence in Ukraine for five years.
- Stage 5. Gathering and submitting documents to apply for Ukrainian citizenship, followed by obtaining a Presidential Decree, a certificate registering the individual as a Ukrainian citizen, and a Ukrainian passport.
This process is admittedly complex and time-consuming. Regardless of your current stage in this process, our legal team is prepared to guide you through the necessary steps, assist with document preparation, and facilitate submissions to the migration service or a consular office.
Please note! Currently, temporary residence permits can only be obtained within Ukraine. As for immigration permits and citizenship, document submission and outcome retrieval are possible both at migration services and consular offices, but only if you have a permanent residency document in the country where the consular office is located.
Wherever you are in your journey, we are committed to ensuring a swift and successful resolution to your case with optimal results. Reach out to our company today, and discover the advantages of collaborating with our seasoned experts.