Ukraine temporary residence permits cost not much compared to other countries and it is quite easy to obtain the document in a legal way with the professional legal assistance of a lawyer. Foreign citizens and stateless persons have many reasons to visit Ukraine again. In order to simplify the procedure for entering the territory of Ukraine and legalise their stay here, it is recommended to apply for a temporary residence permit in accordance with immigration laws. Among the most popular Ukraine temporary residence permit benefits are a freedom of movement without a visa during the validity of the document, a right for official employment, a right to apply for visa to another country from the territory of Ukraine.
What is Ukraine temporary residence permit (TRP)?
A Ukraine temporary residence permit is a document certifying the identity of a foreigner or a stateless person and confirming the legal grounds for temporary residence in Ukraine. Sometimes people call the document a Ukraine trc card or posvidka (posvitka).
Who can apply for a temporary residence permit in Ukraine?
Foreigners and stateless persons who are temporary legally staying in the territory of Ukraine as well as reached the age of 16 years or have not reached the age of 16 years, but who have arrived solo to Ukraine with education purposes – on the basis of the application forms, submitted in person OR have not reached the age of 16 years or recognised legally as incapable person – on the basis of application forms of the persons, mentioned in the paragraphs 2-13, Article 4, Law of Ukraine “On the legal status of foreigners and stateless persons”, to whom they have arrived for the purpose of family reunification.
How to obtain TRP in Ukraine?
In accordance with Article 4 of the Law of Ukraine On Legal Status of the Foreigners and Stateless Persons the temporary residence permit is issued for foreigner or stateless person who arrived in Ukraine for the purpose of:
1) employment;
2) participation in technical assistance projects, registered according to the established procedure;
3) preaching and delivering religious instruction, carrying out religious rituals or other canonical activity, upon invitation of religious organizations and in agreement with a public authority that performed registration of this religious organization;
4) participation in the activity of branches, divisions, representative offices and other structural units of civil society (non-governmental) organizations of foreign states, registered according to the established procedure;
5) employment at representative offices of foreign business entities in Ukraine, registered according to the established procedure;
6) carrying out cultural, scientific or educational activity on the basis and according to the procedure established by international agreements of Ukraine or special programmes, a foreigner or stateless person who arrived in Ukraine for the purpose of participating in international and regional volunteer programmes or participating in the activity of organizations and institutions that engage volunteers on the basis of the Law of Ukraine on Volunteering, the information of which is present on the official website of Ministry of social policy of Ukraine;
7) working as a correspondent or representative of foreign mass media outlets;
8) who is the founder and/or participant and/or beneficiary owner (controller) of a legal entity registered in Ukraine and whose share of ownership or a foreign legal entity, the beneficiary (controller) of which is such foreigner or stateless persons, in the authorized capital of a Ukrainian legal entity is not less than 100 thousand EUR at the official exchange rate established by the National Bank on the date of a foreign investment;
9) study;
10) family reunification with persons who are Ukrainian nationals or who during their legal stay on the territory of Ukraine has married the citizen of Ukraine;
11) family reunification with the persons specified in the above mentioned articles;
12) who been released from Migrant Accommodation Centres for foreigners and stateless persons illegally staying in Ukraine on the basis of the court decision to cancel decision on their detention or forced expulsion from Ukraine, or those who prior to expiration of the maximum period of their stay in such Centres have not been expelled from Ukraine on the basis of absence of travel document, transport connection with their country of origin or other reasons outside their control;
13) who have duly concluded a contract for military service in the Armed Forces of Ukraine;
14) who provided instructor (shooting, tactical, medical, radio, explosive and other) assistance to units of the Armed Forces of Ukraine, other military formations, law enforcement agencies of special purpose, the Ministry of Internal Affairs of Ukraine involved in anti-terrorist operation, being directly in the areas of its conduct, and / or involved in the implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the areas of their conduct, or voluntary formations that were formed or self-organized to protect the independence, sovereignty and territorial integrity of Ukraine and together with the above units participated directly in the anti-terrorist operation, ensuring its implementation, being directly in the areas of the anti-terrorist operation during the period of its conduct, as well as those who took part in combat or service tasks of the anti-terrorist operation and / or measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in Donetsk and Luhansk regions together with the above units and volunteer formations and received a temporary residence permit, are considered to be on the territory of Ukraine on legal grounds, including in cases where the passport has expired or is subject to exchange, until the end of the temporary occupation of the territory of Ukraine by the Russian Federation within the meaning of the Law of Ukraine “On the peculiarities of the state policy to ensure the state sovereignty of Ukraine in the temporarily occupied territories in Donetsk and Luhansk regions”.
When to apply for TRC in Ukraine?
Applicants need to have a long term visa type D (in accordance to the purpose of intended stay), on arrival to Ukraine they have to approach territorial department of State migration service of Ukraine or its state owned enterprises which are available in limited cities, not later than 15 working (24 calendar) days prior the expiration of visa, and with a certain package of documents depends on the category.
After the submission of documents the applicant has to wait about 15 working days to receive the ready document. In some cases the applicant might be invited for an interview by officers of authorities that prosecute illegal migration, in order to clarify the purpose of intended stay and other related details.
What if you do not have your own grounds for Ukraine temporary residence card?
As you can see at the moment there are 14 legal reasons for obtaining a temporary residence permit in Ukraine.
Our immigration lawyer can assess your requirements for intended stay in Ukraine and suggest possible options in accordance to that in order to pursue your best interests and protect from unpleasant problems such as refusal to issue a visa, temporary residence permit, its annual exchange or sudden revocation.
Violators of public order or “cheaters” who think that they outwitted state authorities will face penalties, deportation, entry ban, administrative or criminal liability
It is worth noting that you should not consider just buying such a reason for TRP in Ukraine or appropriate documents because state authorities of Ukraine have according rights to verify every application and if an applicant would fail to prove the purpose of intended stay in Ukraine it might result in refusal of the decision of issuance of the TRP.
For example, many foreigners from African, Middle East and Asian countries consider Ukraine as a destination for better employment opportunities and/or transit area and for this purpose consider obtaining a work visa based on work permit. However in case if such a person on arrival to Ukraine would not get employed officially, start to receive regular salary and pay taxes then the previously issued TRP can be revoked or migration service might refuse to extend its validity in the event of checking the absence of previously paid taxes. In addition, different sanctions will be set against such a person (penalties, deportation, entry ban, administrative or criminal liability).
The same applies to some foreigners from the EU and other western countries who come to Ukraine on work permits.
Thus, it is highly recommended to consider the right option on migrating to Ukraine in order to avoid unpleasant consequences.
So, what is the most reasonable and secure way of obtaining Ukraine temporary residence permit in case of absence of its own grounds?
Every case is very individual. However, given that there are only 14 categories of applicants for TRP in Ukraine and one of them is about illegals released from detention facilities for violation of public order, means that actually there are 13 categories left, the most reasonable and safe ways are:
1) employment;
2) registration of business and buying of property;
3) investment;
4) studying;
5) volunteering.
Which documents to submit for Ukraine temporary residence permit?
In order to apply for temporary residence permit, a foreigner or stateless person who, according to the law, arrived in Ukraine shall submit the following documents:
– application which is formed by employees of SMS;
– passport with D Visa (shall be returned after showing), visa D is not required in certain circumstances (citizens of Russian Federation, Republic of Moldova, Republic of Belarus, Republic of Georgia, Republic of Azerbaijan, Republic of Armenia) and in case of exchange of Ukraine temporary residence from any basis to based on a marriage;
– copy of all pages of passport;
– if the applicant is underage then a document of a legal representative or legal guardian (original documents shall be returned upon showing, only the copies of the documents are submitted);
– translation of pages of passport in Ukrainian language attested by a notary;
– valid medical insurance policy for 1-3 years depends on the applicant’s category;
– service fee payment confirmation or document certifying certain exemptions (the original shall be returned after showing, only the copy is submitted);
– other documents as per category of the applicant.
For a Ukraine temporary residence permit based on work permit:
– work permit attested copy,
– work contract attested copy;
– the employer’s obligation to notify the authorities about the early termination work contract.
For a Ukraine temporary residence permit based on participation in technical assistance projects:
– request (solicitation) of the host organization (public authority, company or organization identified as recipient in the framework of the international technical assistance project);
– copy of the project registration card for the international technical assistance project issued by the Ministry of Economic Development and Trade of Ukraine and attested by the recipient’s seal.
For a Ukraine temporary residence permit based on the purpose of preaching and delivering religious instruction, carrying out religious rituals or other canonical activity:
– request (solicitation) of the respective religious organization;
– letter of agreement from a public authority that performed registration of the respective religious organization.
For a Ukraine temporary residence permit based on a purpose of participating in the activity of branches, divisions, representative offices and other structural units of civil society (non-governmental) organizations of foreign states:
– request (solicitation) of the respective branch, division, representative office or other structural unit of the civil society (non-governmental) organization;
– original and copy of the registration certificate of a structural unit of the civil society (non-governmental) organization of the foreign state in Ukraine.
For a Ukraine temporary residence permit based on employment at representative offices of foreign business entities in Ukraine:
– request (solicitation) of the respective representative office of the foreign business entity in Ukraine;
– original (shall be returned after showing) and copy of the registration certificate of such representative office
For a Ukraine temporary residence permit based on employment at branches or representative offices of foreign banks, registered according to the established procedure, shall submit the following documents:
– request (solicitation) of the respective branch or representative office of the foreign bank in Ukraine;
– certificate of accreditation of such a branch or representative office.
For a Ukraine temporary residence permit based on carrying out cultural, scientific or educational activity, participating in international and regional volunteer programmes or participating in the activity of organizations and institutions that engage volunteers:
– request (solicitation) of the respective public authority responsible for implementation of cultural, educational, sport, scientific or volunteer programmes for participation;
– or request (solicitation) of the organization that involves volunteers to its activities.
For a Ukraine temporary residence permit based on working as a correspondent or representative of foreign mass media outlets shall submit the following documents:
– application of a foreign mass media outlet;
– solicitation from the Ministry of Information Policy of Ukraine.
For a Ukraine temporary residence permit based on being a beneficiary owner (controller) of a legal entity registered in Ukraine and whose share of ownership or a foreign legal entity with authorized capital of a Ukrainian legal entity not less than 100 thousand euros:
– copy of the constituent document of a legal entity, certified by an authorized official of a legal entity;
– written commitment of the legal entity with an obligation to notify the SMS on the termination of the status of a foreigner or stateless person as a founder and/or participant and/or beneficiary owner (controller) of a legal entity.
– other documents depending on the type of foreign investment:
For a Ukraine temporary residence permit based on study:
– document confirming the actual study in Ukraine;
– request (solicitation) of the education institution with the obligation to inform SMS in case of enrolment termination.
For a Ukraine temporary residence permit based on family reunification with persons who are Ukrainian nationals or who during their legal stay on the territory of Ukraine has married the citizen of Ukraine:
– document that confirms the marriage to a Ukrainian national;
– passport of a citizen of Ukraine, whom a foreigner is married to, that are submitted personally by the citizen of Ukraine.
If the marriage between a citizen of Ukraine and a foreigner or a stateless person is concluded outside Ukraine in accordance with the law of a foreign state, the validity of such a marriage shall be determined in accordance with the Law of Ukraine “On Private International Law”.
For a Ukraine temporary residence permit based on reunification with persons listed in parts two – thirteen of Article 4 of the Law of Ukraine on the Legal Status of Foreigners and Stateless Persons:
– document on the basis of which they, according to the law of the country of origin of a foreigner or stateless person, are considered to be family members person, listed in the parts two-thirteen Article 4 of the Law of Ukraine on the Legal Status of the Foreigners and Stateless Persons;
– documents confirming the host’s sufficient financial means to support family members in Ukraine;
– temporary residence certificate of the foreigner or stateless person, to which family member has arrived (shall be submitted by the bearer in person).
For a Ukraine temporary residence permit based on release from Migrant Accommodation Centres for foreigners and stateless persons illegally staying in Ukraine on the basis of the court decision to cancel decision on their detention or forced expulsion from Ukraine, or those who prior to expiration of the maximum period of their stay in such Centres have not been expelled from Ukraine on the basis of absence of travel document, transport connection with their country of origin or other reasons outside their control:
– certificate confirming that a foreigner (stateless person) was held in the Migrant Accommodation Centre for foreigners and stateless persons illegally staying in Ukraine, that is issued on the ground of the conclusion made by the SMS on impossibility of forced expulsion from Ukraine of the foreigner or stateless person due to absence of travel document, transport connection with their country of origin or other reasons outside their control, after expiration of the maximum period of their stay in Migrant Accommodation Centre for foreigners and stateless persons illegally staying in Ukraine, or if technical impossibility to conduct forced expulsion have been indicated before.
What to do In case of loss or theft of the a Ukraine temporary residence permit, or a need for its exchange:
– temporary residence permit to be exchanged (except for loss and theft);
– passport of a foreigner or ID document of a stateless person;
– translation of pages of passport in Ukrainian language attested by a notary;
– documents confirming circumstances for permit exchange;
– if the applicant is underage then a document of a legal representative or legal guardian (original documents shall be returned upon showing, only the copies of the documents are submitted);
– service fee payment confirmation or document certifying certain exemptions (the original shall be returned after showing, only the copy is submitted).
Service fees and benefits for Ukraine temporary residence permit
– government charge in the amount of 34 UAH (on the basis of para. 6 Article 3 of the Decree of the Cabinet of Ministers of Ukraine «On Government Charges»);
– administrative service fee in the amount of 517 UAH (according to the List of administrative services related to migration and their fees, approved by the Resolution of the Cabinet of Ministers of Ukraine of 2 November 2016 No. 770 regulating some issues of administrative service delivery in the area of migration);
– administrative service fee in the amount of 340 UAH
Exemption from government charge applies to:
– citizens referred to categories 1 and 2 of individuals affected by Chernobyl catastrophe;
– disabled veterans of the Great Patriotic War and families of servicemen (resistance fighters) killed in action or missing, and individuals equalized with these groups according to the established procedure;
– people with disabilities referred to groups I and II.
Does a person have the right to leave Ukraine when deciding on the issue of a temporary residence permit?
No, the applicant has to be in Ukraine till obtain the document.
Why need a lawyer for a Ukraine temporary residence permit?
An immigration lawyer or an advocate who has a wide experience based on everyday legal practice on resolving various legal matters related to the rules of stay of foreigners in Ukraine will provide appropriate legal counseling and services to assist you to pursue your best interests, secure the case, prevent unpleasant situations such a failure to meet the requirements and miss term for the submission of the documents, and protect in case of refusal decision.