LEGAL STATUS OF FOREIGNERS WHOSE DOCUMENTS EXPIRED DURING THE PERIOD OF MARITAL STATE IN THE TERRITORY OF UKRAINE

The issue of the legal status of foreigners whose documents expired during the period of martial law was settled by changes and some additions to regulatory legal acts. We are talking about foreigners, the validity period of temporary permits and residence in Ukraine or permits that were subject to change on the basis of legislation - did not extend their validity period or did not go through the exchange procedure in accordance with the procedure specified by the current legislation of Ukraine.

The detailed procedure for using this norm should be expected from the Department of Migration Service in the regions later. There will be no such order in normal access, but when contacting the territorial units of the migration service or structural units that have the right to provide administrative services for foreigners, individuals will be provided with detailed information on this issue.

Based on the logical analysis of the text of the changes, we come to the following conclusions:

• the permit for temporary residence in Ukraine has expired during the period of martial law on the territory of Ukraine, that is, after February 24, 2022 - you are legally on the territory of Ukraine. Also, you have the right to enter Ukraine without first obtaining a new visa to Ukraine, if this is provided for by the legislation of Ukraine.
• a temporary residence permit in Ukraine was subject to exchange in connection with the rules and circumstances provided for by law (for example, exchange upon reaching the age of 45, a change of surname in connection with the conclusion of a marriage or a change of name/surname in connection with passing the procedure for changing the full name and obtaining the corresponding certificate issued by the authorized state body of Ukraine) - you have the right to stay in the territory of Ukraine on legal grounds, if such circumstances occurred after February 24, 2022.
• foreigners whose documents have expired during the period of martial law on the territory of Ukraine will be obliged to contact the territorial units of the migration service or bodies authorized to provide administrative services of the migration spectrum - within 30 calendar days after the termination or cancellation of such status in the state - to extend the validity period or exchange your documents (this means - a permit for temporary residence in Ukraine or a permit for permanent residence in Ukraine).

These changes to the legislation do not apply to citizens of the Russian Federation

As of today, the practical application of these changes is unclear, as it requires additional clarification. For example, will a foreigner with an expired temporary permit be able to use such administrative services as, for example, issue an identification code or submit an application for registration of a legal entity, undergo identification at a Ukrainian bank or register a marriage on the territory of Ukraine.

The legal company "Prikhodko&Partners" has specialized lawyers on its staff who will be able to provide you with detailed and legally correct advice on the issue of a temporary residence permit in Ukraine, the procedure for its exchange or extension of its validity. Contact us at any time.