Ukrainian legislation establishes special conditions of employment, residence and registration of the place of residence for foreigners in Ukraine, which pose certain risks, in particular for those who provide foreigners with dwelling.
Residence registration for non-residents of Ukraine and risks associated with providing housing to non-residents
Article 205 of the Code of Administrative Offenses provides that Ukrainian citizens who have invited and provided foreigners with dwelling can receive a warning or a fine (as of 2019 – from 340 UAH up to 680 UAH), if they do not take measures for timely registration of foreigners.
In case of violation of the established procedure of providing vehicles, housing or other services to foreigners, liability is imposed in the form of a fine (as of 2019 – from UAH 5100 to UAH 8500).
In addition, in connection with the foreigner’s residence in the rented apartment, there are risks of non-payment of utilities, damage to property of the owner, as well as to third parties, including those who reside in neighboring dwellings. The fulfillment of the terms of the rental (lease) agreement or compensation for damages may not be possible due to the departure of such foreigner from Ukraine, which could cause significant property damage to the homeowner.
That is why it is necessary to comply with the requirements of the Ukrainian legislation, in particular, the rules of residence registration.
Registration of the foreigner’s place of residence
Foreigners who have obtained a temporary or permanent residence permit are obliged to register their place of residence in Ukraine within 30 calendar days from the date of issue of such a document.
It is necessary to register place of residence for foreigners as all official correspondence (including with the migration service) will be done at the registered address. Moreover, the exchange or cancellation of the residence permit is carried by migration service at the registered address.
Documents for registration or cancellation of residence registration of a foreigner are submitted to the registration authority (in Lviv – to the center of administrative services). Such registration does not take much time and lasts several days from the application date.
Information on the residence registration is entered in the temporary certificate of the citizen of Ukraine, and/or permanent / temporary residence permit. In addition, a registered person receives an certificate that contains this information.
The following documents shall be submitted to register the place of residence:
- An application;
- Passport / residence permit / other document;
- Documents confirming the right to reside in a dwelling, for example: a certificate of title, an extract from the State Register, a lease contract or other documents. Usually, foreigners do not have their own housing in Ukraine and, respectively, documents confirming the ownership of this housing. In such a case, foreigners have the right to register their place of residence in a certain apartment or house only with the consent of its owner (if there are several owners – with the consent of all co-owners). It is also important that the homeowner was present at the time of applying to confirm his / her consent;
- Receipt on payment of the state fee;
- If the application is submitted by a representative, document certifying the identity of the representative and the power of attorney shall be additionally submitted.
A separate problem that may arise as a result of providing housing to a foreigner is the cancellation of the residence registration of such a person.
Cancellation of foreigner’s residence registration
There are several grounds for the cancellation of a such registration, in particular:
– an application filed by a foreigner or his representative to cancel the registration;
– court’s decision to deprive a foreigner of the right of ownership. The court’s decision may also concern the eviction of a person from the dwelling
– death certificate;
– notification from the migration service with the details of the deceased person’s passport or a document certifying the death issued by the authority of the foreign country.
The additional grounds for de-registration:
- documents stating that the foreigner no longer has grounds to stay in Ukraine. This may be the expiration of the temporary or permanent residence permit, or the decision to cancel residence permit or the immigration permit to Ukraine;
- documents indicating that the foreigner is no longer registered with a particular institution (for example, in a specialized social institution);
- documents under which a person no longer has the right to use designated housing. For example, an expiration lease contract may be provided.
Residence registration is a quick and simple procedure. The cancellation of registration may be simple as well, but only if it is voluntary (at the request of the foreigner or homeowner).
Practice shows that foreigners, when leaving Ukraine, often do not apply for cancellation of residence registration. This can cause a number of problems for homeowners related to, inter alia, the payment of utility bills, the receipt of correspondence, and other possible circumstances related to the fact that the foreigner is registered at a specific address.
There are two options for how the homeowner can de-register a foreigner. The first option is to submit to the center for administrative services provision documents that testify the foreigner had lost his right to housing. For example, a lease contract with expired term may be such a document. The second way is to take a matter to court and prove that the foreigner has lost his right to housing. The court decision is a legal ground for cancellation of residence registration.
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