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DIFFICULTIES IN APPLYING FOR AN IMMIGRATION PERMIT TO UKRAINE ON THE BASIS OF TERRITORIAL ORIGIN

According to the Law of Ukraine “On Immigration”, a foreigner has the right to obtain a permanent residence permit in Ukraine, if he has the right to acquire Ukrainian citizenship by territorial origin.

To understand the general picture of what is happening, we need to divide two points:

  • 1 moment – people born or permanently residing in Ukraine BEFORE August 24, 1991 are considered citizens of Ukraine. And whatever documents they have on the day of applying to the migration service, what kind of state – for Ukraine, these people will be considered citizens of Ukraine. They can count exclusively on the passport of Ukraine (provided, of course, the official renunciation of citizenship and citizenship of all other countries).

The fact of birth is confirmed by a birth certificate or archival certificate. The fact of permanent residence until August 24, 1991 is confirmed only by a court decision. Previously, it was possible to provide only documents confirming registration in Ukraine during this period, such as a certificate of registration of residence, employment record book, military ID and more.

  • 2nd moment – people born on the territory of Ukraine or living, but who left AFTER August 24, 1991 – are entitled only to a permanent residence permit.

Regarding the difficulties of obtaining an immigration permit:

  • Mandatory confirmation of birth in Ukraine. The search for or re-obtaining a certificate is not always successful. In the case of people born before 1973, in almost 40% of cases (personal statistical observations of practicing lawyers of Prikhodko and partners) cannot be obtained due to the loss of the birth certificate. If so, the person will have a very complicated procedure to restore the birth certificate, which takes from 3 months.
  • Mandatory spelling of the person’s identity in the main documents – birth certificate and passport. For example, if we consider countries that do not require a birth certificate at the initial receipt of a passport, but are word processing – frequent writing of human data is different and accordingly prove the identity of the person in his documents is not possible.

In this case, the migration service offers two options:

  1. first, go to your home country and recycle your passport, which is almost impossible;
  2. the second option is to change the birth certificate, which in Ukraine can be done only through the court and not 100%, as the registry offices do not see grounds for this. The certificate is the primary document, so in it and only in it – the real information about the person.
  • After receiving the documents, the migration service, within its powers, makes various requests to government agencies to confirm the documents provided and the circumstances described, including – to the registry offices to confirm the act record. According to the law, answers must be given within days, but practice shows that this can take months, which will significantly affect the overall period of consideration of documents for the issuance of an immigration permit.

To avoid difficulties and mistakes when applying for an immigration permit by territorial origin – contact the relevant lawyers of the law firm “Prikhodko&Partners”.

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