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Helped a client from Slovakia to solve migration issues

A loyal client, for whom we had previously registered a company, obtained a work permit and a temporary residence permit for a period of one year (as much as was possible under the law at that time) contacted our firm to resolve migration issues in the fall of 2018.

Who is the client?

  • An owner of small business in Ukraine (design, advertising, programming);
  • natural person, citizen of Slovakia;
  • he needed support in prolongation of migration documents;
  • he was living in Kiev, but at the moment of his applying he was intending to move to Lviv.

How did the client pose the task?

What decision was taken and why?

  • The client had applied several months before expiration of the permission documents, which was more than enough for normal support of prolongation of their validity period;
  • there was a number of problems with work permit, and thus the client, when prolonging it, wanted to redo the whole package of documents completely, since unlike the previous time when the validity period was one year only, this time it was allowed by the law to apply for 3 years straight away. This, in turn, made the procedure more expensive, and the client wanted to be sure that no problems would be in evidence after getting a new package of migration documents;
  • it was decided to give up and/or cancel all the documents issued before and to get absolutely new documents which would have nothing to do with the previous documents and on which no legal problems with the previous package of documents could have an effect.

Difficulties which were solved successfully by the lawyers

To redo the package of documents completely, at first one should repeat all the passed procedures backwards:

  • cancel the registration address (the place of residence registration); 
  • inform the corresponding authorities of the Employment Service and the Migration Service about cancellation of the employment agreement, and return the residence permit;
  • after having returned the residence permit, leave the country as soon as possible;

After that, the procedure was to start from the very beginning:

  • get a new work permit;
  • get a new D-type visa for entering Ukraine;
  • enter Ukraine;
  • apply to the Migration Service for a residence permit;
  • register the place of residence.

Other difficulties or irregular situations which our lawyers had to face:

  • when getting migration documents for the first time, the client was living in Kyiv, and accordingly, his business was registered there, and all the permission documents were received there, too. 
  • At the same time, when getting documents repeatedly, the client wanted to move to Lviv and to get all the permission documents there. Besides that, upon the moment the documents for residence permit were filed, a new procedure of getting biometric residence permits in form of an ID card had been introduced, for which even government authorities issuing them proved to be not completely ready. That caused much misunderstanding both in the process of filing documents and in getting a residence permit. For example, due to the not well-structured information exchange system among the State Migration Service authorities, the residence permit returned in Kyiv was on record in Lviv as valid, which did not allow filing documents for residence permit at once. Besides that, due to the limited technical throughput capacity, the issue of residence permits was delayed (for considerably longer than 15 work days provided by the law).

Line of thinking and approach to lawyer’s work in implementation of decision

  • When supporting this case, it was important: to understand and follow the correct action sequence. First when filing documents, and then when getting new documents;
  • to optimize time expenditures.
  • Thus, registration of a new work permit began along with returning the old work and residence permits;
  • to cooperate accurately among our lawyers in Kyiv and Lviv. Thus, the problem of validity of the returned residence permit in the system of the State Migration Service was being solved at the same time in two places by dialog with that government authority;
  • to solve irregular matters. For example, delay in issue of residence permit had an effect only on the actual date of our client’s getting the residence permit. At the same time, in the document itself, there was an earlier date which conformed fully to requirements of the law. The complicacy of situation was that at further registration of place of residence, the registration authority had no legal confirmation of such a delay, and it could register residence only after a penalty was paid, which was absolutely inadmissible. For this very reason, our lawyers got a special certificate from the State Migration Service which confirmed the actual date of issue of the residence permit and which served as proper reason for registration of the place of residence without paying any penalty.

What value did the client get?

  • In spite of basic knowledge of Russian, the client avoided full interaction with government authorities, which is especially actual when taking into consideration the delays on part of government authority requiring constant contact with public officers;
  • the client did not have to deal with practical difficulties, for example, procedure of residence registration (registration of place of residence) in case when due to delays of the Migration Service, as a matter of law, it was possible to perform the residence registration only after having paid a penalty;
  • availability of our representatives in Lviv allowed the client to get standardly high level of service (which is one of our main features) in absolutely different regions of Ukraine.

For whom is it worth while applying to us? In what case?

  • foreign citizens who prolong the validity period of work permit, residence permit, and other related documents in Ukraine;
  • the same persons who have problems with the above mentioned documents and who want to prolong their stay by getting a new package of documents.

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