Temporary residence permit is usually issued for one year and it gives the right to reside, as well as freely and without any restrictions, enter Ukraine during its validity period. It is valid up to 3 years in some cases. In particular, for employment and study purposes. However, what should foreigner do in case of temporary residence permit expiry?
Foreigner has to take a series of actions within next 7 days since permit expiry date, namely:
- cancel residence registration in Ukraine;
- return a permit to Migration Service;
- leave Ukraine.
In some cases, foreigners have the right to extend the permit validity by exchanging it (if legal ground on which permit was previously issued is still relevant. Foreigner has to prepare a set of documents to exchange temporary residence permit. He/She should file the documents with Migration Service no later than 15 business days prior to the permit expiry date.
In that context, it should be emphasized that the temporary residence permit can be extended only on the same ground that the previous permit was issued. For example, once foreigner obtained a residence permit on study basis, it is impossible to extend permit validity on the basis of marriage with a Ukrainian citizen. Since marriage is a separate legal ground for obtaining a temporary residence permit.
In such case, one should cancel the previous temporary residence permit and only after that obtain a new one on the basis of family reunion with persons who are Ukrainian nationals. It is important to remember that foreigner should leave Ukraine and get a new type D visa.
However, it is not always necessary to renew the temporary residence permit; in particular, when the legal ground for obtaining temporary residence permit is no longer relevant. Thus, a temporary residence permit in Ukraine may be canceled by the territorial division of the Migration Service in the case of employment contract termination, graduation from university, etc.
By the way, the inviting party (the employer, university, non-governmental or religious organization) has an obligation to inform Migration Service about employment contract termination, graduation from university, as well as about foreigner`s departure from Ukraine or changing their place of residence. Such notification must be given in writing.
If there is a decision on canceling the temporary residence permit in Ukraine, foreigner shall cancel residence registration in Ukraine, return a permit to the Migration Service and leave Ukraine within 7 days after receiving a copy of the decision on cancelling a temporary residence permit in Ukraine.
Therefore, the foreigner shall make sure the temporary residence permit is valid throughout the period of their stay in Ukraine. Residing in Ukraine with documents whose validity has expired or that are invalid is regarded as an infraction.
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