Volodymyr Gurlov
Managing partner

Don't know how to get the license? I can help you with it!

Legal consultation
HomePublicationsComments on legislationTemporary residence permit in Ukraine: FAQ

Temporary residence permit in Ukraine: FAQ

Views: 1133

The procedure for obtaining a residence permit in Ukraine is described in sufficient detail both by us and many other law firms. Despite this, as soon as the case concerns the practice, there are many questions, the answer to which can only give years of experience.


In this material we have collected interesting questions from our Clients regarding the process of obtaining a residence permit in Ukraine. Perhaps the answers to them will be useful to you as well.


If you do not find here the answer to your question, you can go to the link to the page service to learn more, or order a consultation with our specialists.


- If I don’t have a D-type visa, shall I get it to obtain a residence permit?


Everybody needs to have a D-type visa in their passport except for citizens of the following countries: Russia, Moldova, Belarus, Azerbaijan, Georgia, Armenia, Uzbekistan. If the citizens of these countries want to get a residence permit, they should only leave and come back to Ukraine after they have processed the grounds here. 


If you want to know what to do if the D-type visa is expiring, please click here.


Related article:
How to obtain D Visa in Ukraine?


- Within what period shall I handle residency registration after obtaining a residence permit?


After getting a residence permit in Ukraine, you must get registered within 30 calendar days. If a foreigner has no address, we can offer our legal address. 


Please note!
If you decide to omit this issue and do not bother with residency registration, you risk at least to get a fine for any of your actions in Ukraine, when its presentation may be necessary. And at most, your residence permit may be revoked.


- Do the residents of CIS countries need a residence permit?


If you are a citizen of the CIS countries with which Ukraine has concluded an agreement on visa-free regime, you have the right to stay in Ukraine for 90 days within six months. If you want to stay for a longer period, you will need a permit (for example, a residence permit).


- Can I apply for a residence permit in Kyiv, if I am registered in another region?
 


Documents for obtaining a residence permit must be submitted to the Migration Service at the place of your registration. But you can obtain a residence permit in Kyiv, and then change the place of registration. 


- Can a foreigner register sole proprietorship and get a work permit for it?


Yes, but you have to choose one of the two scheme:

  1. To register sole proprietorship for a Ukrainian citizen, that in turn will employ a foreigner. It can only be a Ukrainian citizen or a foreigner who already has some kind of a residence permit in Ukraine. 
  2. Sole proprietorship can be registered for a foreigner, if he/she has a residency registration in Ukraine. Accordingly, at the time of sole proprietorship registration, the card (at the registrar) will specify the foreigner’s place of registration, and he/she will be able to obtain the TIN


After getting the TIN, the documents can be submitted to the Employment Centre to employ the foreigner as a “manager”. A foreigner can’t be registered as the director of his/her own sole proprietorship, as this scheme will not be accepted by the authority. Thus, a non-resident receives a work permit to to work as a “manager” at his/her sole proprietorship and signs an employment agreement with himself/herself. 


However, this option works a little more than a year, so it is very risky, because the State Migration Service may decide that the foreigner can not enter into an agreement with himself/herself, and will cancel the sole proprietorship and a work permit.


- Does a foreigner need an invitation letter when applying for a D-type visa due to marriage?


Not always. The original marriage certificate, a copy of your wife’s passport and insurance policy are sufficient grounds to apply for a D-type visa for the purpose of marriage. In addition, the consulates may require an obligation letter from the wife. The amount in the obligation letter must be one living wage in Ukraine for the day (i.e. UAH 2,102 per day).


However, an invitation letter may often be requested by some states, such as Morocco. 


Read more about obtaining the TRP on the basis of marriage here.


- If I am not officially married, but have a child with a citizen of Ukraine, can I get a Permanent Residence Card?


If the father is recorded in the child’s birth certificate, a Permanent Residence Card can be obtained on the basis of having a child. If the father is not recorded in such a certificate, then it will have to undergo the procedure of establishing paternity in court. At the same time, it will be necessary to confirm the child’s citizenship of Ukraine (a special certificate is issued). Only then you can apply for a Permanent Residence Card on the basis of having a child.


- What if I don’t have a company where I can get a job and a work permit? 


If you want to obtain a work permit in Ukraine, you can take a different approach:

  • To register your own legal entity; 
  • To hire a Ukrainian director; 
  • To take the position of an employee and obtain a work permit. 


Later, after getting a work permit, you will need to notify the Kyiv Employment Centre about the replacement of the director by you as a foreigner on the basis of the work permit already obtained. 


Read more about the obtaining the TRP on the basis of the LLC registration here.


- I’ve got a residence permit due to marriage to a Ukrainian, can I get a job here right away?


Getting a residence permit in Ukraine does not immediately give you the right to work here. To get a job you will have to obtain a work permit. 


- How can I get a residence permit? 


You can get a residence permit for the following purposes: marriage to a citizen of Ukraine, employment, study at a Ukrainian university, etc. Peculiarities of each of the procedures for obtaining a residence permit are described in our previous article. 


- If I have 2 passports, including a passport of Ukraine, but I entered Ukraine with a foreign passport of another country and the period of stay was exceeded, what to do in this case?


In this case, having a Ukrainian passport is your advantage. How can a citizen of a country be fined for exceeding the stay in his country? But in our practice there have been cases when law enforcement agencies, in such a situation, wanted to hold a person liable for violating the rules of border crossing. In such a situation, you’ll need a clearly defined line of defense. Read more here.


- Can I prepare documents for a work permit, residence permit without visiting Ukraine?


The answer to this question depends on your grounds for getting a residence permit in Ukraine. So, for example, if you want to obtain a residence permit due to employment and have a legal representative in Ukraine, you don’t need to visit the country until the submission of documents to the Migration Service.


In case of other grounds - marriage, etc., you will need to come to Ukraine earlier.


On our site you can also find answers to your other questions related to obtaining a residence permit. 


If you do not want to long to understand the complex process of obtaining a residence permit - order a consultation or registration of residence permit "turnkey" from our lawyers.


Views: 1133

ASK LAWYER A QUESTION