New trends in migration legislation

The European way of development of Ukraine, which is fruitfully declared by the Ukrainian authorities, is gradually reflected in migration legislation. The main trends are the simplification of migration rules for foreigners and foreign investors, as well as the tightening of requirements and rules for crossing the border of Ukraine with European countries in the framework of a visa-free regime with the European Union.

After making certain amendments to legislative acts to facilitate the investment climate adopted in 2017, in the spring of 2018, amendments were made to the Code of Ukraine on Administrative Offenses, which strengthened the responsibility of foreign citizens for offenses in the field of migration.

These changes have significantly simplified the way to obtain permits for the use of labor of foreign citizens in Ukraine and obtain temporary residence permits in Ukraine. Thus, the procedure for attracting foreign workers by Ukrainian enterprises was greatly facilitated (subject to the payment of wages at the 10 minimum level), the list of required documents and the time for their consideration were significantly reduced.

It should be noted that the list of grounds for obtaining a residence permit for foreign investors was expanded. From now on, a foreigner who has made an investment in the amount of 100 thousand Euros in the authorized capital of a Ukrainian legal entity can receive a residence permit in Ukraine for a period of 3 years without formal employment.

Also, the list of categories of foreign citizens who have the opportunity to receive a residence permit in Ukraine for more than 1 year has been expanded: investors, foreign IT professionals, employees of creative professions, and the like.

However, in April 2018, the Cabinet of Ministers of Ukraine approved the Resolution: No. 321 of April 25, 2018 “On Approval of the Sample, Technical Description of the Form and the Procedure for Completion, Issue, Exchange, Cancellation, Forwarding, Withdrawal, Return to the State, Recognizing Invalid and destruction of a residence permit ”and No. 322 of April 25, 2018“ On the approval of the sample, the technical description of the form and the Procedure for processing, issuing, exchanging, canceling, sending, withdrawing, returning to the state, invalidation and destruction of the residence permit 01.06.2018 ".

The main novelties of these changes were the introduction of a new form of documents with a contactless electronic carrier, which is made in the form of a plastic card such as ID-1. From now on the validity of a temporary residence permit is 1 year, except for the exceptions provided for in the Law. A residence permit is issued for a period of 10 years, after which it is subject to mandatory exchange.

It should be noted that from 01.06.2018 the procedure for processing documents for minors and underage foreign citizens has changed: they will receive a separate document according to the statements of their legal representatives. Previously, information about minors was entered into the documents of their parents. Consequently, the number of types of temporary and permanent residence on the territory of Ukraine will grow in any case.

The fact that the institution of extending the period of validity of a residence permit is actually canceled and replaced is scandalous. In Resolution No. 321, we will not find a procedure for extending the period of validity of the species if there is a basis; the residence permit is subject to exchange if it expires. Contrary to the provisions of the Law of Ukraine "On the legal status of foreigners and stateless persons", the provisions of which do not mention the mechanism for the exchange of certificates at all, the Decisions No. 321 and No. 322 define the grounds and procedures for its implementation.

The Transitional Provisions of Decree No. 321 and No. 322 expressly state that the documents issued earlier (in the form of a paper book) are valid for the period on which they were issued. However, it should be remembered that, as for the citizens of Ukraine, upon reaching 25 and 45 years of age, the species must be reissued. In this case, the foreign citizen already needs not to stick in the photo, as was previously envisaged, but to issue a new type of residence permit.

In fact, the legislator often creates conflicts, including in immigration laws, which in the future will be multiplied by the lack of technical and personnel support for the HMS of Ukraine, which in turn will lead to difficulties in the interaction of the Ukrainian state system with foreign citizens.

By contacting the law firm Prikhodko and Partners, you will always receive high-quality migration services and be aware of all the news in this area.