Which Migration Office to Apply to When the Employer and Foreign Worker Are in Different Cities

Not sure which State Migration Service office to submit documents to when applying for or exchanging a temporary residence permit? In practice, this issue can arise when the foreigner’s registered place of residence, actual place of stay, and employer’s location are in different regions.

It is not always obvious which territorial office of the State Migration Service to contact or whether documents can be submitted somewhere other than the employer’s registered location or the foreigner’s place of residence. This is especially relevant when applying for or exchanging a residence permit in unusual circumstances and the standard territorial rules do not provide a clear answer.

In this article, we discuss a similar case and explain how we helped the client as part of our service for obtaining a temporary residence permit in Ukraine.

Client Situation: Employer in Kyiv, Residence in Odesa

A British citizen recently contacted us. He was staying in Ukraine on the basis of a temporary residence permit obtained for employment.

Initially, he worked for a charitable foundation registered in Kyiv. He later changed employers and joined a Ukrainian LLC, also registered in Kyiv. The legal basis for his stay in Ukraine did not change—he continued to be officially employed in Ukraine; only the employer changed.

At the new company, the client served as director and was therefore directly involved in managing the company’s operations. In particular, he participated in corporate and organizational matters and performed certain actions remotely using electronic identification.

At first glance, the situation seemed straightforward: both employers were registered in Kyiv, and the basis for the client’s stay in Ukraine remained employment. However, when it was time to exchange the residence permit, the client was actually living in Odesa.

This raised a practical question: where should the documents be submitted—in Kyiv, where the new company is located, or in Odesa, where he lived?

Because the situation did not fit a standard scenario, we had to assess not just one factor but the full set of facts:

• the employer’s place of registration;
• the nature of the client’s work;
• the change of employer;
• his actual place of residence and other circumstances that could affect which State Migration Service office had jurisdiction.

Related: Changing Employers in Ukraine: How to Keep Your Temporary Residence Permit

General Rule on Immigration Territorial Jurisdiction

For applications for and exchanges of temporary residence permits, the general rule of territorial jurisdiction applies: documents for a residence permit are submitted at the foreigner’s actual place of residence in Ukraine.

This criterion determines which territorial office of the State Migration Service is authorized to accept the application, verify the information, and issue the relevant document.

Thus, territorial jurisdiction in immigration matters is not determined solely by the employer’s location or the company’s registered address. The decisive factor is the foreigner’s actual place of residence.

Employment as the Basis for a Residence Permit: Changing Employers Within the Same City

If a foreigner changes employers, finds a new employer, and plans to remain in Ukraine, they will need to document the termination of the previous employment relationship and the establishment of the new one. Here are the key points:

• Statements from both employers—the former and the new employer—are included with the application documents. In these statements, the employers confirm their consent to the exchange of the residence permit due to the foreigner’s change of workplace.
• A standard set of documents required for a temporary residence permit based on employment is submitted, taking into account the circumstances of the particular case.
• A work permit for the foreigner must be obtained by the new employer, as it confirms the legality of the foreigner’s employment with the new company and is required for further processing of the foreigner’s legal status.

Changing employers requires not only updating information about the place of employment but also properly documenting the transition to the new employer. Preparing all required documents in advance helps avoid a situation in which the residence permit is already due for exchange but the new employment has not yet been properly documented.

Why the Exchange Took Place in Odesa

The residence permit exchange application was submitted in Odesa, at the foreigner’s place of residence. This allowed the procedure to be completed where the client was actually staying at the time of filing.

Applying for or exchanging a temporary residence permit cannot be completed entirely remotely. The foreigner must appear in person at the relevant territorial office of the State Migration Service, submit the required documents, and complete the procedural steps, including identification.

Therefore, when a foreigner actually lives in one city while the employer is registered in another, a key practical issue is where the foreigner can personally complete the residence permit procedure.

In our case, that place was Odesa—the client lived there and could personally appear at the State Migration Service to submit the documents and complete the required steps. The employer’s location in Kyiv did not prevent the residence permit from being exchanged in Odesa.

We discussed a similar but substantively different situation in another case, where a residence permit had to be exchanged because of a language barrier and a change of employer within the same city.

Legal Support for Exchanging a Temporary Residence Permit

If you need to exchange a temporary residence permit but the circumstances of your stay do not fit the standard procedure, it is important to assess the situation correctly before submitting the documents.

This is particularly relevant when a foreigner has changed employers, lives in another city, or has other circumstances that may affect the choice of the territorial State Migration Service office. Our team will:

• Analyze your situation and determine the best course of action, taking into account the basis for your stay, current employment relationship, place of residence, and other circumstances relevant to the procedure.
• Help prepare the complete document package for the residence permit exchange, verify compliance with legal requirements, and, if necessary, arrange for the required documents from the employer. If the foreigner has changed jobs, we separately handle matters related to the new employer and confirmation of the current legal basis for staying in Ukraine.
• Help determine the appropriate territorial office of the State Migration Service to contact. If the foreigner’s place of residence and the employer’s location are in different cities or regions, we assess the specific circumstances and help prepare the document package to minimize the risk of procedural issues when the documents are accepted.
• Assist with submitting documents to the State Migration Service, help the foreigner prepare for the required in-person visit, and oversee the procedure at each stage.

Our assistance goes beyond preparing documents: we provide comprehensive support throughout the residence permit exchange procedure—from analyzing the specific situation and defining the right strategy to submitting the documents and communicating with the State Migration Service.

We will identify the best way for you to obtain your residence permit. Contact our specialists in whatever way is most convenient for you.