The process of applying for a permanent residence permit is inherently complicated. When collecting documents, it is necessary to clearly understand all the risks that may arise when submitting incorrectly prepared documents, the citizenship of the applicant and the availability of the original documents, as well as to holistically assess the entire subjectivity in the work of the migration service employees when applying for a permanent residence permit.
The process of applying for a permanent residence permit is divided into two blocks:
- the first block is the receipt of an immigration permit, according to which the foreigner applies for the issue of an immigration permit. This process takes up to 12 calendar months in accordance with the law.
- the second block is the receipt of the most permanent residence permit.
On the basis of an existing immigration permit, citizens of countries with a visa regime for entering Ukraine must obtain an appropriate visa at the Ukrainian Embassy in the country of their citizenship (or another country, if there are reasons for this) for the procedure for applying for a permanent residence permit in Ukraine .
An exception is those citizens who at the time of signing the immigration permit had a temporary residence permit in Ukraine. In this case, they will not need to get a visa. Citizens of countries with a visa-free regime of entry into Ukraine have the right to immediately apply for a permanent residence permit after receiving an immigration permit. The main condition is the legal stay in Ukraine at the time of signing the immigration permit. Legal residence in this context means the presence of a temporary residence permit, extension of the period of stay or stay within the framework of the allowed 90 days over the past 180 days.
Issues begin to emerge when applying for immigration. When designing a permanent look – almost never a problem.
1) The value of the address of residence / registration of place of residence when applying for an immigration permit.
If, before submitting documents for an immigration permit, a foreigner received a temporary residence permit in Ukraine, he must have a certificate with the address of residence (form 13), which must be presented when applying for an immigration permit to Ukraine. When, however, a foreigner does not have a temporary residence permit in Ukraine, but he wants to submit documents for an immigration permit and stays in Ukraine legally (90 days, extension of stay or visa) – he must provide the notarized consent of the owner of the house / apartment / other for the residence of such a foreigner in this house / apartment / other. You should carefully consider the selection of an apartment / house of residence. After receiving the documents, the employees of the migration service, in accordance with the law, carry out a series of actions aimed at establishing the existence of grounds for refusing to issue a permit for immigration to Ukraine for a foreigner. Such inspections are carried out by the Security Service of Ukraine and the bodies of the National Police of Ukraine. These authorities establish the fact of residence at the specified address, physical presence at the specified address, the presence of a “bad” characteristic of the given address, the number of registered or resident persons at the specified address, etc. If it is proved that there are reasons for refusing to issue an immigration permit, these authorities will notify the migration service of this and, accordingly, a refusal will be issued to issue a permit for immigration to Ukraine. A repeated package of documents can be submitted only after a year.
2) The significance of the reality of marriage when applying for a permanent residence permit.
Due to the fact that the fictitious nature of marriage is established only in court, many foreigners resort to marrying Ukrainian citizens “not for love”, not being afraid of the consequences, and after 2 years of marriage, they apply for permission to immigrate. Artificially creating the basis for obtaining a permanent residence permit in Ukraine, foreigners do not always understand the significance of the whole procedure. Namely, the most common reason for refusing to issue an immigration permit on the basis of marriage from civil Ukraine is the premature dissolution of the marriage. If a foreigner divorces him before receiving an immigration permit, he will immediately be refused. So, as an act of marriage registration record during the period of obtaining permission (and this is 12 months), it is checked several times.
It is impossible to parse and predict all the errors and problems that may arise during the process of obtaining an immigration permit, but it is possible to alleviate the consequences and reduce the burdens. To do this, you need to contact the specialized lawyers of the migration department of the Prikhodko & Partners law firm.