Temporary Residence Permit Exchange: Successful Handling of a Complex Case

Obtaining or exchanging a temporary residence permit is a complex and multi-step process, often involving numerous legal nuances and bureaucratic challenges. In practice, foreigners seeking to obtain or exchange a residence permit frequently encounter various obstacles, from gathering the necessary documents to completing all formalities. These challenges can lead to delays or, in the worst case, a denial of the permit. Our law firm has extensive experience in handling such cases, and we are always ready to assist clients at every stage of the process, ensuring:

• Expertise. We know the intricacies of working with the immigration service and help clients avoid common mistakes.
• Personalized Service. Each client receives customized support throughout the entire process.
• Efficiency. We act quickly and effectively to minimize delays in obtaining the necessary documents.

In one of our recent cases, a client encountered significant issues while attempting to exchange a temporary residence permit. The client, a sole proprietor, had hired a foreign IT specialist who is a citizen of India. The specialist had obtained a work permit and a temporary residence permit in Ukraine a year earlier. By the time they reached out to us, the residence permit was nearing its expiration, and a renewal was necessary. The complication arose from the fact that the foreigner had already begun working for a different employer in Ukraine.

Additional challenges stemmed from the client’s previous attempts to handle the process independently, which resulted in three rejections from the migration service. At this point, they sought our assistance—relying on our extensive experience working with foreigners and our in-depth knowledge of the Ukrainian migration service. We carefully analyzed the situation, revised the strategy, and successfully helped the client secure a new residence permit. In this article, we detail how we resolved this complex legal issue.

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Denial of Residence Permit Exchange: Reasons and How to Avoid Them

We began by analyzing the client's documents to identify the reasons for the denial of their residence permit exchange and to determine how we could prevent further issues. After discussing the situation with the client, we discovered that the migration service had:

• Failed to find the foreign national at their registered address during two separate inspections.
• Denied the exchange due to incorrect documentation regarding the transfer from one employer to another.

We also explained to the client that India is classified as a high-risk migration country, which means its citizens undergo enhanced scrutiny. Obtaining residence documents in Ukraine is uncommon and requires meticulously prepared documentation that proves the basis for the stay and sufficient support from the host party. The client understood that they had two options:

1. Reapply for the residence permit exchange with a perfectly accurate and complete set of documents from both employers.
2. Surrender the current permit, leave Ukraine, obtain a D type visa, and then reapply for a new residence permit in Ukraine, essentially starting the process from scratch.

We chose to pursue the first option, making sure to avoid all previous mistakes. This approach saved the client time and avoided the additional costs associated with leaving the country and obtaining a new visa.

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Extending the Work Permit and Obtaining a Residence Permit

Before submitting the residence permit application, we discovered that during the time the client handled the paperwork on their own, their work permit was about to expire (with less than three months remaining). We advised that applying for a residence permit based on this expiring work permit would be impractical. Why? Because the residence permit would be valid for less than two months, which was unsatisfactory for both the client and their employer. We therefore focused on preparing the documents for extending the work permit for the Indian national. We recommended applying for a two-year extension, as the residence permit is issued for the same duration as the work permit.

With a power of attorney, we submitted the required documents to the employment center for the work permit extension and received the new permit within three days, valid until 2026. Additionally, we ensured that a copy of the signed employment contract was submitted within 90 days of receiving the permit to avoid its cancellation. The next step was to ensure the proper documentation for the foreign national's transition from one employer to another. Having handled similar cases where we exchanged work permits while changing employers, we were prepared for the specific documentation the migration service required. 

The difficulties stemmed from the fact that the foreign national's previous job was in a different region, with varying requirements and interpretations of the regulations in each region. To ensure the best outcome for our client, we consulted with migration services from both regions to confirm the accuracy of the documentation after preparing the necessary papers. 

As the foreign national did not speak Ukrainian, our legal team accompanied them to the migration service to assist with document submission. We also provided guidance on how to verify the foreign national’s residence, which the client followed successfully.

As a result, the client received a temporary residence permit in Ukraine within two weeks. The foreign national can now legally stay in Ukraine until 2026. By opting for the first proposed solution, the foreign national avoided the need to leave Ukraine, prepare visa documents, and wait abroad for their approval. Our team’s efforts saved the client significant time, effort, and money, making the process well worth it.

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Legal Support for Foreign Nationals: Obtaining or Renewing a Residence Permit

With over 18 years of experience, our law firm understands the challenges foreign nationals may encounter. We know how crucial it is to find a reliable partner to navigate all legal formalities. That’s why we offer tailored solutions for each client. From document analysis to successfully securing your residence permit, we support you at every stage, addressing any issues that arise. Our legal team provides:

• Consultations on document collection and preparation.
• Assistance with document submission to the migration service.
• Advocacy for your interests with state agencies.
• Quick handling of problems and managing appeals if necessary.
• An English-speaking manager available to assist you throughout the process.

By relying on our expertise and professionalism, you can be assured that your interests will be protected and all legal requirements will be met.

Choose a trusted partner for your legal needs—contact our firm today!