RELEASE FROM LIABILITY OF VIOLATORS OF MIGRATION LEGISLATION

 Today we will touch upon a very relevant topic: " What to do if the residence permit or the period of stay on a visa during quarantine has expired? "

 At the moment, this is a very common question among foreign citizens who have remained in Ukraine. On March 18, the Resolution of the Cabinet of Ministers № 259 was adopted, which covers the problems of implementing legislative acts in the field of migration for the period of quarantine throughout the state of Ukraine.

 It should be noted that the provisions of the decree apply only to persons who at the time of the start of quarantine, namely on March 12, 2020, had legal grounds for applying for an extension of their stay in Ukraine, that is, were here within the framework of a visa or within 90 days , or had legal grounds for the execution or exchange of a temporary residence or permanent residence permit.

What does the ordinance state?

 For the period of the quarantine in Ukraine, introduced by the Cabinet of Ministers, and within 30 days from the day the quarantine was lifted, administrative penalties in any form will not be applied to stateless persons and foreign citizens who have violated the legislation in the migration field. In particular, for non-compliance by such persons with the period of their stay in the state of Ukraine or for untimely registration or exchange of a permanent or temporary residence permit, if such violations occurred during the quarantine period. This means that violators will not be subject to fines or other types of sanctions. At the moment, quarantine on the territory of Ukraine is established until August 31 by the Resolution of the Cabinet of Ministers of Ukraine № 641.

 Also, the resolution has provisions stating that the execution of documents for the period of quarantine is carried out at the place of the person's appeal to the SMS authorities, and not according to the generally accepted rule - the place of registration.

What to do in this situation?

 According to the first resolution, “violators” must apply in the manner prescribed by law to the State Migration Service (State Migration Service) within 30 days from the date of quarantine elimination in order to extend the period of stay in the country or issue or exchange a permanent or temporary residence permit. This group of persons includes foreign citizens and stateless persons who failed to cross the Ukrainian border in order to leave the country or they were unable to contact the SMS units with the intention of extending their stay in the Ukrainian territory or with an application for an exchange or registration of permanent residence or a temporary residence permit, since a quarantine was established, or if the deadline for applying for such documents came during the quarantine period throughout Ukraine.

 Also, the SMS informs that the reception of stateless persons and foreigners, including those seeking protection in Ukraine, recognized refugees and persons in need of additional protection, is carried out taking into account the regional characteristics of restrictive measures related to the spread of COVID-19 by appointment only.

 To avoid problems with the law during the quarantine period, or for legal support in extending the period of stay or exchanging or obtaining residence permits, please contact Prikhodko and Partners Law Firm, we will provide you with high-quality and competent legal assistance.