Legalisation of foreign citizens in Ukraine: key points

At the same time, despite the imposition of martial law, Ukraine’s migration legislation has not undergone significant changes. As a result, the rules governing the duration of stay and other migration-related matters remain standard legal issues that shall be addressed by those concerned.

Foreign citizens entering Ukraine without a visa are generally permitted to stay for no more than 90 days within any 180-day period, unless otherwise stipulated by international treaties. For citizens of countries subject to a visa regime, the permitted duration of stay is determined by the conditions of the issued visa, which typically also allows for a stay of up to 90 days.

After the permitted stay expires, foreign citizens shall leave the territory of Ukraine. Failure to comply may result in administrative liability in the form of a fine. However, the most severe consequence may be a ban on re-entry into Ukraine.

A temporary residence permit is one of the main legal mechanisms for foreign citizens to remain in Ukraine. It allows them to stay legally in the country for at least one year, with the possibility of extension, and to travel freely in and out of Ukraine without obtaining a visa each time, which is a significant convenience.

The law provides a relatively broad list of grounds for a foreign citizen to obtain a temporary residence permit in Ukraine. These include official employment, participation in volunteer activities, involvement in cultural, scientific, educational, or sports activities, employment in a representative office of a foreign company, participation in the activities of branches of foreign non-governmental organisations, and more.

Employment is among the most common grounds for obtaining a temporary residence permit. To employ a foreign citizen officially, the employer shall obtain a permit to use foreign labour, issued by the relevant regional employment centre.

This permit is a mandatory prerequisite for obtaining a long-term D-04 visa, allowing the applicant to submit documents for a temporary residence permit in Ukraine.

The D-04 visa is issued by Ukrainian consular offices abroad, typically for 90 days. The visa fee is USD 65, but the amount may vary depending on the applicant’s citizenship and the applicable bilateral agreements. For instance, U.S. citizens are charged a visa fee of USD 182 based on reciprocity. Therefore, foreign citizens are advised to check current consular fees in advance to avoid unexpected expenses.

It is important to remember that once a temporary residence permit is issued, foreign citizens shall register their place of residence at their address within 30 calendar days. Failure to fulfil this obligation is common in practice, particularly among individuals staying in Ukraine for short-term professional or humanitarian purposes. However, missing the registration deadline may result in an administrative fine and, in some cases, may even prevent the permit extension.

It is worth noting that under martial law in Ukraine, the validity of temporary residence permits that expired after the introduction of martial law is automatically extended for the duration of martial law and 30 days after its termination or repeal. Nonetheless, even though such permits are automatically extended, we recommend renewing them on time, especially if the foreign citizen plans to travel abroad, submit documents to banks, or obtain permits and enter into contracts.

At the same time, in response to legislative initiatives introduced by certain EU member states to regulate the legal status of Ukrainian citizens, Ukraine has implemented reciprocal mechanisms for simplified legalization. The most notable example is the Republic of Poland: under the Law of Ukraine No. 2471-IX dated 28 July 2022, Polish citizens are granted the right to reside in Ukraine for up to 18 months, with the possibility of extension. They may be employed without obtaining a work permit, register legal entities or operate as individual entrepreneurs, and access public healthcare, education, and other social services on terms comparable to those available to Ukrainian nationals. In this way, the Ukrainian legislator has established a special legal regime that significantly facilitates the integration of Polish citizens.

In conclusion, Ukrainian legislation enables foreign citizens to live and work legally based on a temporary residence permit. The process is relatively quick and non-bureaucratic if the application package is prepared correctly. This is particularly important for attracting foreign managers and specialists who can effectively integrate into the Ukrainian business environment, contribute to economic development, and expand international cooperation. At the same time, it creates favourable conditions for foreign businesses to enter the Ukrainian market through the direct presence of their representatives, which is especially relevant in Ukraine’s post-war reconstruction.