Problematic issues of legalization of foreigners in Ukraine

PRIKHODKO & PARTNERS are often treated by foreigners who came to Ukraine for tourism or business meetings and wanted to stay for longer periods of time.

According to the current legislation of Ukraine, the maximum term of stay of foreigners from visa-free countries is 90 days, after which, in the absence of a residence permit, the person must leave the territory of Ukraine and enter the country after 90 days of stay in his homeland.

For visa countries, the maximum term of a visa of type "C" is also 90 days, with the exact number of days indicated in the column "stay" and begins to deduct from the moment of crossing the border and arrival in Ukraine.

It should be noted immediately that upon arrival in Ukraine for tourism or an invitation from a legal or physical person for a visa-free country or for a C-type visa, the foreigner is not entitled to obtain a residence permit in Ukraine.

A mandatory condition for filing documents for obtaining a residence permit is the presence of a type "D" type visa, which was received in accordance with the specific basis for its receipt.

That is, if a person has arrived in Ukraine for a tourist trip and during the stay he received the reasons for obtaining a residence permit in the form of a marriage or a work permit, then it is obligatory to leave for home in order to obtain a "D" visa for the country and departure for arrival from other grounds for visa-free travel.

Also obligatory is the departure of a foreigner with a temporary residence permit in case of changing the grounds for obtaining it. That is, if a foreigner who has received a certificate of education wants to change her on a job-identification card, he will be forced to make a departure and a check-in to Ukraine.

The above rule has an exception. In case of marriage with citizens of Ukraine, a foreigner with a temporary residence permit has the opportunity to issue a new certificate on the grounds of family reunification with the citizens of Ukraine without going to their homeland.

It should be recalled that according to the changes in the migration legislation described in the previous publication (hyperlink to the material on the changes), from June 1, 2018, documents for obtaining a residence permit in Ukraine will be submitted not later than 15 working days before the expiry of the legal period stay of a person on the territory of Ukraine.

The legal term for staying for visa-free countries is 90 days, and for visas it is calculated based on the schedule of "stay" and is calculated from the moment of arrival in Ukraine by the red stamp on the stamp of the visa in the passport document, as well as the validity period of the visa in certain cases.

Given the large number of nuances and the many sanctions in case of violations of the terms and conditions of stay in Ukraine, such as deportation and a ban on entry for up to three years, we recommend that foreign citizens turn to verified migratory agents. By contacting qualified lawyers of the Legal Company "Prikhodko & Partners" you are guaranteed to receive a clear and correct consultation regarding your stay in Ukraine and other migration issues.

We know all about migration processes in Ukraine and we want our knowledge and experience to help you to visit, stay and live in Ukraine with comfort and unnecessary problems.