Migration Law News

Recent stories in the legislation on the registration of foreigners' legal status took place regarding the issuance of temporary residence permits, namely: the procedure for the exchange of documents, the introduction of certificates in the form of ID cards, etc. In essence, the institution of the extension of the validity of certificates of temporary residence has been canceled and changed for the exchange of such certificates, which is currently to be done not later than 15 working days before the expiry of the validity of the certificate.

Also relevant is the issue concerning the requirements of some staff of the LCA to the package of documents submitted by the person for obtaining a certificate. For example, in the case of obtaining certificates on the basis of volunteering, if earlier copies of the volunteering organization's documents (statements, certificates, certificates, statutes) certified by the director of such organization were to be filed, in recent years, in practice, they still require the originals of such documents, although this is not required by law. Instead, cases of refusal to accept documents on this basis are already known.

The controversial and debatable issue is also the issue where a foreigner or stateless person received a temporary or permanent residence permit, but they also had a certificate that they needed additional protection. In such a case, such person is obliged to give up the status of the person who needs additional protection.

With regard to permanent residence cards, if they were issued indefinitely, now a foreigner or stateless person will have to exchange it every ten years.

An interesting question was the practical implementation of the Presidential Decree "On the decision of the National Security and Defense Council of Ukraine dated 10 July 2017" On Strengthening Control over the Entry into Ukraine, Exit of Foreigners and Stateless Persons from Ukraine, Adherence to Their Rules of Stay on the Territory of Ukraine " .

In essence, it is still unclear how the mechanism of preliminary registration of a visit report to Ukraine will work, which any foreign citizen of the state of migration risk (for example, the Russian Federation) must place on the website of the Ministry of Foreign Affairs of Ukraine before planning a trip to Ukraine.

It should also be noted about the latest legislation in the field of documenting the legal status of children of foreign citizens or stateless persons. So, at the moment, each child can get a separate document (her own ID card), while earlier, according to the past, information about the child was entered into the certificate of her parents.

It became a new issue and it is possible to submit documents for the registration of temporary residence documents to the State Enterprise "Document", although the services of such an enterprise are more expensive than the services of the territorial bodies of the LCI, but the person submitting the documents to the State Enterprise can be sure of the high service of providing services and the absence of queues. . You can also agree that the ability of the state to receive better services, despite being more expensive, reduces the corruption component of accelerating the processing of applications for a particular circle of persons, as well as unloading and normalizing work in the territorial bodies LCA

The issue of prohibiting foreigners from combining education and formal employment as well as leaving the country after graduation is also a problem at the moment. In this case, in case of a change in the reason for staying in Ukraine, foreigners must go abroad and receive a D visa again, which is almost negligible for some citizens.

Hence, there is a collision: if this is a security question, then why such persons are forced to undergo the same checks again, as in the case of obtaining a visa, and when receiving a certificate, the person undergoes the same documentary checks. At the same time, if the same question is possible fictitious reasons for obtaining a certificate, why foreigners should travel outside the country, and can not directly resolve all contradictions in Ukraine.

Such a restriction on the part of the state is rather controversial, since it is impossible to say with certainty that the obligatory necessity to travel outside the country, in case of obtaining the relevant grounds for obtaining a certificate (or the conclusion of a marriage with a Ukrainian citizen or employment), will somehow effectively affect reducing the number of fake marriages or other abuses.

NECESSARY CHANGE

Our specialists were asked to make changes to the migration legislation regarding such a basis for obtaining a D visa and, accordingly, a temporary residence permit as a "family reunion with a citizen of Ukraine". At the moment, there is no such ground and it is supposed to reunite the family only on the basis of marriage, at the same time, such an understanding is too narrow and does not take into account the widespread need to "reunite" not only with a husband or wife, but also with children or parents or other relatives.

It is also proposed to provide the opportunity for relatives of foreigners and stateless persons who arrived in Ukraine for the purpose of family reunification to obtain a temporary residence permit in case their family members are employed in Ukraine or participate in the realization