Residence opportunities for foreigners in Ukraine during martial law

Many foreign citizens come to Ukraine with various goals: from implementing volunteer or humanitarian programs to doing business and helping Ukraine during the war, not remaining aloof.

Despite the unprecedented situation in Ukraine, migration legislation has not undergone significant changes, which means a limited period of stay for foreigners on the territory of Ukraine.

Citizens of countries with a visa-free entry procedure may temporarily stay on the territory of Ukraine for up to 90 days within 180 days unless Ukraine’s international treaties determine another period

Citizens of countries with a visa-entry procedure can stay on the territory of Ukraine for the period defined by their visa, which is primarily 90 days. The foreigner shall leave Ukraine after the expiration of the specified terms.

At the same time, a more extended period of stay for foreigners on the territory of Ukraine may be needed to achieve their goals. Therefore, obtaining a temporary residence permit in Ukraine is a reliable and convenient solution.

The temporary residence permit will provide the opportunity to freely stay on the territory of Ukraine for one year (with or without the possibility of extending such a period), as well as the right to freely enter/exit, bypassing visa formalities and possible obstacles at the borders associated with the martial law.

Additionally, a temporary residence permit allows the registration of place of residence in Ukraine, which gives additional guarantees and comfort during the stay of a volunteer or foreign employee in Ukraine.

The legislation provides a wide list of grounds for temporary residence permit issuance. In particular, such reasons are: carrying out cultural, educational, scientific, sports, volunteer activities, employment, participation in the activities of subdivisions, branches, representative offices, and other structural departments of non-governmental organizations of foreign countries, work in the representative offices of foreign companies in Ukraine, etc.

At the same time, with the beginning of a full-scale war, a large number of foreign charitable and non-profit organizations incorporated their presence in Ukraine, which made it possible for foreign volunteers to obtain an appropriate volunteer visa, which is the basis for obtaining a temporary residence permit in Ukraine for up to one year with the possibility of its prolongation.

Also, one of the most common grounds for obtaining a temporary residence permit is employment. However, in such a case it is required to obtain a work permit first, which is the basis for a D-04 work visa and will subsequently guarantee the possibility of obtaining a temporary residence permit in Ukraine.

However, for employees of representative offices of foreign companies or non-governmental organizations incorporated on the territory of Ukraine, obtaining a work permit for foreigners’ employment is not required, which significantly simplifies the legalizing of stay in Ukraine for them.

Summing up, the current legislation of Ukraine opens opportunities for the legalization of foreigners in Ukraine, giving them the unhindered right to live in Ukraine during the validity of the temporary residence permit, which will allow them to realize their goals.

GOLAW can be of assistance in:

  • Advising on migration and visa matters
  • Legalization of stay of foreigners in Ukraine, obtainment of the temporary residence permits
  • Assistance in obtaining work permits for foreigners in Ukraine
  • Advising on the implementation of foreign volunteer activities in Ukraine.

Oleksandr Melnyk

Oleksandr Melnyk

Partner, Head of Corporate Law and M&A practice, Attorney at law

Practices | Sectors

1371

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