"Climbing up is always difficult - it's easy only when you fly down."

Petryk Tetiana

Head of migration law practice, master of law, expert in the field of migration law.

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 Difficulties in obtaining an immigration permit arise almost always. Impossible to get an immigration permit right away, no problem. At any time and any foreigner, with any citizenship and with any state of documents, applying for a permit to immigrate to Ukraine may have unforeseen circumstances.

 Sometimes, the difficulties are so absurd and not regulated by law that it is even difficult to imagine that they take place at all. Let’s point one of life examples.

Situation: a young child was left without a temporary residence permit on the territory of Ukraine due to the fact that the basis for obtaining a residence permit was reunification with the family – the wife of the biological father, who is not her biological mother.

 In 2018, an Israeli citizen applied for an immigration permit to Ukraine on the basis of a marriage with a Ukrainian citizen for more than two years (concluded in 2015). The marriage was concluded in Cyprus and, according to the legislation, was legalized on the territory of Ukraine. The foreigner also had a young daughter of 14 years old, whose biological mother was deprived of parental rights in 2012 according to the decision of the Israeli court (the decision is official, legalized for Ukraine). An Israeli citizen, having arrived on the territory of Ukraine with his young daughter on a “D” visa, immediately issued a temporary residence permit. In 2018, temporary residence permits were issued in the form of a booklet. Accordingly, the young daughter was included in her father’s residence permit, which proved the legality of her stay in Ukraine.

 A year later, in 2019, when the need to extend the temporary residence permit came, the foreigner submitted all the necessary documents for this for himself and his daughter. But, at the junction of two periods, when innovations were adopted in the form and procedure for documenting foreigners with residence permits, the foreigner received a temporary residence permit in the form of an ID card, and the young daughter was not given a permit. The paradox is that according to the legislation (namely the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”), children under 16 can be issued a temporary residence permit having only two grounds:

(in our case) on the basis of family reunification;

on the basis of studies in the territory of Ukraine.

 The girl did not study, but, due to the fact that her daughter at that time was 15 years old, and the legal wife of her biological father was not her biological mother (that is, the norm for family reunification cannot be used) – she was denied a temporary permit for residence.

 Due to the fact that the foreigner had a temporary residence permit, and also, he applied for an immigration permit, he was legally in Ukraine:

As long as the parents are legally on the territory of Ukraine, the children are also legally staying.

 The end of this whole story was getting a permit for immigration by a foreigner with his daughter.

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