Obtaining a temporary residence permit in Ukraine

A temporary residence permit is a document that gives the right to reside in Ukraine for a period determined in it. Usually, it is issued for one year (with a possible extension) and allows a foreigner to reside, as well as freely and without any restrictions, enter Ukraine during its validity period. In compare with a permanent residence permit (immigration permit), obtaining a temporary residence permit is easier and faster procedure. About the procedure of its obtaining, we will describe in more detail.

Grounds for obtaining a temporary residence permit

The legislation provides an exhaustive list of grounds for obtaining a temporary residence permit, namely:

  1. Employment;
  2. Participation in the technical assistance projects, registered according to the established procedure;
  3. The  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. Participating 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. Employment at branches or representative offices of foreign banks, registered according to the established procedure;
  7. Carrying out cultural, scientific or educational activity on the basis and according to the procedure established by international agreements of Ukraine or special programs;
  8. Participating in international and regional volunteer programs 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;
  9. Work as a correspondent or representative of foreign media;
  10. If foreigners are founders and / or participants and / or beneficial owners (controllers) of a legal entity registered in Ukraine and whose share of ownership or a foreign legal entity, the beneficiary (controller) of which are such foreigners, in the authorized capital of a Ukrainian legal entity is not less than 100 thousand euros at the official exchange rate established by the National Bank on the date of a foreign investment;
  11. Study;
  12. Family reunion with persons who are Ukrainian nationals or who during their legal stay on the territory of Ukraine in cases listed in parts three – thirteen of Article 4 of the Law of Ukraine on the Legal Status of Foreigners and Stateless Persons, has married the citizen of Ukraine;
  13. Family reunion with persons listed in parts two – thirteen of Article 4 of the Law of Ukraine on the Legal Status of Foreigners and Stateless Persons;
  14. If foreigners have been released from Migrant Accommodation Centers 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 if the 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;
  15. If foreigners and stateless persons provided instructor (rifle, tactical, medical, radio technical, explosive and other) assistance to units of the Armed Forces of Ukraine, other military units formed in accordance with the laws of Ukraine, law enforcement agencies of 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, repelling and deterring the armed aggression of the Russian Federation in the Donetsk and Lugansk regions, being directly in the areas of their conduct, or to volunteer groups, were formed or self-organized to protect the independence, sovereignty and territorial integrity of Ukraine and, together with the aforementioned units, were directly involved in the antiterrorist operation, ensuring its conduct, being directly in the areas of the antiterrorist operation during its implementation, as well as participating in the performance of combat tasks or official anti-terrorist operation and / or measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in the Donetsk and Lugansk regions together with the above units and volunteer units.

The procedure of obtaining a temporary residence permit

Foreigner shall apply with the necessary package of documents for obtaining a temporary residence permit to the territorial subdivision of the State Migration Service of Ukraine at his place of residence. The term for examination of documents by the migration service authorities is not more than fifteen business days, which are counting from the date of submission of documents.

The list of necessary documents is changing depending on the ground for obtaining a temporary residence permit. However, we pay your attention to the main points that foreigners often do not take into account, regardless of the grounds:

  •       It is always necessary to submit a full translation of the passport with notarization. Translation of the first page or translation without notarization will not be enough;
  •       documents issued abroad must be legalized in the prescribed manner, translated into Ukrainian and also notarized by the notary;
  •       foreigner shall apply for a temporary residence permit no later than 15 business days before the expiration of the legal stay of a foreigner in Ukraine.

Place of residence registration in Ukraine

Within 30 calendar days after the temporary residence permit is issued, the foreigner is obliged to register his / her place of residence in Ukraine. In case of untimely registration of residence place or staying without registered residence place, the foreigner will be brought to administrative responsibility. Information about the foreigner`s registered place of residence is indicated in the annex to the temporary residence permit, which can be obtained in the relevant registration authorities or administrative service centers.

You can find out more about the procedure of foreigners’ place of residence registration in our website. 

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A new law on virtual assets: the picture is formed, but without details. On September 8, 2021, the Verkhovna Rada has finally adopted the long-awaited law "On Virtual Assets", which clarified many ambiguous points. This is especially true for the status of cryptocurrency and the rules of its circulation in the country. Let`s take a closer look at novelties. An ambiguous term Let's start with what the legislator actually means by "virtual assets". There are the following features:  they are an intangible good (cannot be represented on tangible media)  fall under the list of objects of civil rights (that is, they can be owned and be disposed of)  represent an electronic form of a set of data (essentially, they are blocks of information put in order);  the existence and circulation of assets are due to software tools (specific electronic environment). From these features we can draw the following conclusion: virtual assets are not limited to cryptocurrency. Digital currency is part of the concept, but other instruments, such as tokens, NFTs, or even in-game items, fall under the definition. Actually, the actual existence of most digital products, having a certain value, is due to the software environment (ecosystem), either it is blockchain technology, a trading platform, or an online game server. It should be noted that the attempt to define virtual assets was already made in the adopted Law of Ukraine in counteracting money laundering. In this act, they understand it as digital means of payment, which goes against the new definition. As a result, there are now two different explanations for virtual assets, which causes significant confusion not only in regulation but also in interpretation. It is definitely necessary to expect clarifications from competent state bodies. Let's return to the new law. Its application covers legal relations in which the "Ukrainian element" is present:  provider or recipient of services represented in Ukraine;  an agreement according to which the turnover of virtual assets is carried out in accordance with Ukrainian legislation;  the acquirer of assets (or both counterparties) is a resident(s) of Ukraine. The law also introduces an interesting division of all virtual assets into two groups: secured and unsecured. Here again, there is a problem of interpretation. The first category includes products exchanged for (state) currency, the second category includes instruments that can be exchanged only for other digital assets. There is an alternative opinion: that the turnover of secured assets is supported by real goods (money or other property), while unsecured ones are not supported by anything. The latter interpretation is the most credible, as the new law stipulates that virtual assets are NOT means of payment. 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Actually, any mediation is based on the public share offering. That is why it is subject to licensing. How to get a license? A company that wishes on legal grounds to engage in virtual assets must satisfy legislative requirements. The key role is played by the minimum amount of the statutory capital, which equals 1,19 million hryvnyas (for non-residents it is 5,95 million hryvnyas) in case of storage and administration. For other types of activity (trading, translation and mediation services) the minimum size of the statutory capital amounts to 595 thousand hryvnyas (for non-residents is 2,98 million hryvnyas). The order of the registration of license:  to compose an application and prepare documents.  to pay state fee (68-136 thousand hryvnyas for residents and 340-680 thousand hryvnyas is for non-residents).  to pend review of the request (30 days).  to get a license. The duration of the license is 1 year. 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