"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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WHAT PROBLEMS MAY OCCUR DURING MARRIAGE WITH A FOREIGNER?

During the marriage registration procedure, problems often arise, which are very difficult and sometimes impossible to solve on your own, without the involvement of a lawyer. The main reasons are the lack of orientation of foreigners in Ukrainian law, the inability to communicate with government agencies, such as the migration service or marriage registration authorities, and ignorance of the mechanisms of the whole process.

The following marriage options may arise for foreigners:

  • between two foreigners;
  • between Ukrainian and foreigner.

The most difficult option – a foreigner intends to marry a foreigner in Ukraine.

First of all, it is necessary to determine the body to which to apply for marriage registration. If you consider, for example, Kyiv or Kyiv region, then you can apply for such a service to: state bodies of registration of civil status (in simple words – DRACS), to the pilot institutions “Marriage for a day”, “Done” and others. The main thing is to set for yourself what is a priority: marriage registration in state bodies. Normal, not fast registration, within one month, and in pilots – marriage can be concluded in a day.

The cost of receiving services in the latter will be much higher, but the quality of this service is immediately different.

Secondly, you need to collect the right package of documents.

For foreigners, it is both difficult and not difficult. To register a marriage, you must provide the original passport of a foreigner (husband), the original notarized translation of the passport into Ukrainian with two registration numbers (a certified copy of the passport and the translation itself), the original passport of another foreigner (woman), a notarized translation of the passport into Ukrainian with two registration numbers, if foreigners were previously married – they must provide a document confirming the divorce in the state of its conclusion (certificate of divorce in Ukraine or a document confirming the dissolution of marriage in another country, legalized in accordance with the law), and – identification codes (if available).

Further, the most important point to pay attention to immediately: a foreigner can stay in Ukraine on the basis of a visa, on the basis of a temporary / permanent residence permit in Ukraine, other documents (refugee or person with additional protection), or illegally.

In case of stay in Ukraine on the basis of a visa (any), the body to which foreigners apply for marriage registration makes a corresponding internal request to the migration service to confirm the validity of the visa and the legality of the person’s stay in Ukraine.

This action is carried out in order to ensure the legality of the stay of foreigners in Ukraine, because it is impossible and illegal to marry foreigners who are in Ukraine illegally.

The registration of the marriage itself can be carried out only if the relevant body has received a positive response from the migration service. Sometimes, the answer to this request can go until the 21st day, which significantly delays the marriage registration process.

There are cases when the request for confirmation of the legality of the stay is sent to the LCA even for those foreigners who are holders of a temporary or permanent certificate. In 99% of cases, such requests are sent when a foreigner provides for registration an obsolete certificate (green / blue book, or the oldest sample – white sheets).

And, last but not least, if the main thing for you is to apply the minimum of effort with the maximum positive result – involve the specialists of our company in the preparation of the necessary for the state registration of marriage.

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