CURRENT CHANGES IN MSGRATION lEGISLATION fROM OCTOBER 21 AND 28, 2022

We continue to consider topics related to migration law, because they are the ones that have been of most interest recently, are accompanied by many questions and reflect the urgent needs of the citizens of Ukraine. There are also some aspects that affect foreigners and stateless persons when it comes to their entry and stay on the territory of Ukraine.

What has changed since October 21 for foreigners in Ukraine?

It was on this day that the Cabinet of Ministers of Ukraine adopted a resolution that is very relevant for such people. It is called "Some issues of implementation of legislative acts in the field of migration under martial law". First of all, let's consider to whom the norms of the mentioned legal act apply. It:

• foreigners, except Russian citizens;
• stateless persons.

Therefore, this resolution allowed the mentioned categories of people who have a temporary or permanent residence permit in Ukraine, when the term of this document has expired and is subject to exchange after February 24, 2022, to enter and stay in our territory. This rule will apply not only during martial law, but also for 30 days after it.

What has changed since October 21 for Ukrainians?

Also, the aforementioned normative legal act of the Cabinet of Ministers established that during martial law, documents confirming citizenship and identity can be:

• passports of citizens of Ukraine, produced in the form of a card, if the expiry of the term of validity of these documents fell on wartime;
• paper passports of citizens of Ukraine, where the time of pasting the photo card after reaching 25 or 45 years coincided with the martial law, and the photo card was not pasted.

However, as soon as martial law is suspended or abolished, within the next 30 days it will be necessary to exchange such documents or stick a photo card to them.

Thus, the mentioned decree for the duration of martial law significantly simplified many issues.

Other relevant changes from October 28

The resolution of the Cabinet of Ministers, which is no less important for the citizens of Ukraine, was adopted on October 18 and enters into force 15 days after its publication. It is called "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine Regarding the Registration of Identity Documents and Confirming Ukrainian Citizenship." So what has changed:

1. Now foreign diplomatic institutions can issue a child's foreign passport when only one of the parents has made such an application.

2. The procedure for creating an e-passport (including a foreign one) has been defined for those citizens of our country who could not obtain a passport of the prescribed format due to the occupation of the territory where they live or active hostilities.

3. Now not only parents can get a child's foreign passport, but also another person they have identified.

The range of persons who can be witnesses, if identification is required, has also been expanded. Here, the legislators proceeded from the understanding that under the conditions of martial law, relatives do not always have the opportunity to do this. By the way, participation in such a procedure has been simplified even for them. Now you can do it using video communication.

And one of the most anticipated updates, which the citizens of Ukraine hoped for in the conditions of martial law, is that now different divisions of the State Security Service can send documents produced for issuance to each other both in Ukraine and abroad. This significantly simplified the life of citizens who became forced refugees.

Summing up…

The legislation of Ukraine on migration issues is being dynamically transformed. So if you need prompt and competent advice on any of these issues, contact our lawyers. They always keep their finger on the pulse of industry news and are ready to provide quality help.