Family Residence Permit in Ukraine: Family Immigration Practices
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Family immigration to Ukraine is becoming more and more widespread Typically, this is facilitated by the temporary relocation of workers or businessmen to our country, which over time has the prospect of becoming permanent.
At the same time there are a number of issues relevant to almost all cases of obtaining a residence permit for family members in Ukraine:
Who of the family members of a Ukrainian resident can get a residence permit in Ukraine?
What documents are needed to obtain a residence permit on the basis of reunification with a family member?
Is this an optimal way to move to Ukraine, or maybe it is better to consider the option of employment or the creation of a firm for each family member?
In this publication, we will consider several successful cases of our company, when entire families came to Ukraine for long-term residence.
Read also: How To Properly fill In The D-Type Visa Form
Residence permit for a foreign-Ukrainian couple
In this case we are talking about the so-called family reunion with Ukrainian citizens.
An example is the case, when our lawyers accompanied the obtaining of a residence permit for 1 year for a citizen of Egypt, who was married to a Ukrainian citizen. The Client did not intend to permanently reside in Ukraine, but he visited the country from time to time and had to obtain a visa every time.
The alternative was to obtain a residence permit, which must be extended once a year and which allows unlimited entry and exit during its validity. In addition, after 2 years of marriage you can get a residence permit for 10 years, which greatly simplifies not only crossing the border, but also gives the opportunity to work and even to obtain citizenship of Ukraine.
Read also: How Can A Foreigner Enter Into Marriage In Ukraine?
The main conditions for successfully obtaining a residence permit in this case are as follows:
- The fact of being married. You should confirm this fact by a marriage certificate in the Ukrainian format (if the marriage was concluded in Ukraine) or by a marriage certificate, marriage contract, license or other document confirming the fact of marriage abroad.
Please note! Given the need for documentary evidence, such forms of relationship between a couple as religious marriage (except in countries where religious marriage is recognized) and “civil marriage” would not be suitable for obtaining the residence permit.
- Certification and translation of the documents. Documents issued abroad must be duly certified. For a number of countries, such certification takes the form of an apostille. Some countries require a complex legalization procedure, and some countries do not require certification at all. After certification, the document shall be translated into Ukrainian and certified by a notary;
- Obtaining a visa and crossing the border after marriage. For most countries, after marriage and before applying for a residence permit, you need to obtain a special migration D-type visa. For states that do not need to obtain such a visa, you will need to just cross the border (even if the marriage is concluded in Ukraine and the foreigner is already here, you still need to leave the country and get back there).
- The place of residence registration. After obtaining the visa, the foreigner must undergo the registration procedure at the place of residence. This may be a spouse’s accommodation or a rented accommodation, the owner of which is not against the registration procedure and wishes to participate in it.
Residence permit for a foreign-foreigner couple
This category is also called family reunification, but not with Ukrainian citizens, but with foreigners who stay legally in Ukraine. This category is less common than the previous one because it requires both foreigners to obtain the residence permit, which significantly narrows down the grounds.
As in the previous example, the key to success is the fact that people are officially married. Let’s elaborate on the practical side of obtaining such residence permits using the example of our two Clients.
Example of obtaining a residence permit for a married couple from Turkey.
The first step to legalize this couple was to obtain a residence permit for a man who came to Ukraine to do business. During the multi-step procedure, which provided for the registration of the company and obtaining a work permit, the husband received a residence permit for 3 years.
The next step was to legalize the wife. There were 3 possible options:
- Similar to her husband, through a separate company and a work permit;
- By transferring her husband’s share of the company and hiring her to work in it;
- Using the option of family reunion.
Since the business was just at the starting stage and our Clients wanted to minimize costs, we refused the first two options because they implied the wife’s salary (and, accordingly, taxes).
Therefore, we had only option 3. The procedure is similar to the one described in the previous section, except for one additional document, namely the financial obligation of the husband (as a host) regarding the wife’s stay in Ukraine. Also, in contrast to reunion with a citizen of Ukraine, this permit does not give the right to obtain a permanent residence permit or citizenship in the future. As in the past case, it is issued only for a year with the right to prolong it.
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Obtaining a residence permit for a British student.
Another case was the situation of a student from the UK, who came to Ukraine to study and received a residence permit as a student. He brought his wife with him, whom we got a residence permit by family reunion. In the absence of business in Ukraine, it was the best and easiest option. In addition, both husband and wife were bipatrides, which allowed us to choose the most preferential approach in obtaining a residence permit.
Obtaining a residence permit in Ukraine for family reunification for citizens of Azerbaijan.
Not isolated cases are applications to our company for obtaining a residence permit in Ukraine for residents of Azerbaijan. The procedure itself is identical to what we have already described in the article above. The specific difference between the process of obtaining a residence permit for citizens of Azerbaijan is that there is no need to obtain a D visa, which means leaving and visiting Ukraine once again. The main thing is to meet the deadlines of 90 days - having arrived in Ukraine, a resident of Azerbaijan has 90 days of stay, it is important not to violate this deadline, and meet it with all the preparations: translation of documents, insurance, etc. And of course, you need to apply for a residence permit at least 15 days before the end of the 90-day period.
Getting a residency permit in Ukraine through marriage, if the marriage is only religious
A couple came to our company seeking help with obtaining a residency permit in Ukraine. The woman was a Ukrainian citizen and the man was Syrian. They had gotten married in Ukraine under Sharia laws, but the man had never lived in Ukraine permanently and was now unable to obtain a residency permit. They had children, but they had registered them under Sharia laws and only the mother - who was a Ukrainian citizen - was listed in Ukrainian documents
Our lawyers examined all the documents and explained that civil or religious marriages in Ukraine are not considered official and cannot be used as a basis for obtaining a residency permit. In order to obtain documents based on their children who were Ukrainian citizens, it was necessary to establish paternity in accordance with Ukrainian law.
Our lawyers developed a step-by-step plan of action that satisfied the client's needs and requirements:
- The necessary documents for the marriage registration have been prepared by our lawyers, who were also responsible for organizing the registration process itself.
- The required documents have been prepared and a D visa has been obtained.
- Documents have been submitted to obtain a temporary residence permit.
- Paternity has been established and new birth certificates have been obtained for the children.
- The procedure to confirm Ukrainian citizenship for the children has been completed, and they have received a certificate of registration as Ukrainian citizens.
- A residence permit in Ukraine has been obtained and the necessary documents have been submitted to obtain permission for immigration
It usually takes about a year to obtain an immigration permit, so foreigners are allowed to leave the country and reside with a temporary permit for that period of time without worrying about breaking any laws.
After the permit is approved, they will need to exchange it for a permanent residence permit.
However, if a war breaks out, as it did in this case, the situation becomes more complicated. In this instance, our lawyers adjusted the plan and helped the couple register their marriage abroad by obtaining the necessary documents and legalizing and translating them to meet the requirements.
After the marriage was registered, the husband was eligible for a D visa, which allowed the couple to travel to Ukraine. We helped prepare the documents and applied for a temporary residence permit.
Thanks to the client's adherence to our lawyers' instructions, and full compliance of the documents, there were no issues obtaining a positive result.
The foreigner has since submitted the necessary documents for an immigration permit to Ukraine, which can take up to two years to process. However, we were able to help them expedite the process by submitting an application based on the Ukrainian citizenship of their children.
With the temporary residence permit, the foreigner is free to travel to and from Ukraine without worrying about additional permits or time restrictions.
Our company specializes in the legalization of foreigners' stay in Ukraine on a variety of grounds. We offer you the following services:
Legal consultation regarding obtaining residence permit in Ukraine and selecting the best option for you;
Preparation for obtaining residence permit in Ukraine for family reunification by proxy of the Client;
The formation of the package of documents for obtaining residence permit in Ukraine and filing it to the state agency;
Customer support when visiting government agencies in Ukraine, preparing the client;
Obtaining a residence permit for family in Ukraine "turnkey".
If you need help with obtaining a residence permit for you, or for your whole family, don’t hesitate to contact us. We will choose the best option and provide you with legal stay on the territory of Ukraine.