General overview of issues related to the legalization of foreigners in Ukraine

Main Grounds for Legalization in Ukraine

The legal grounds for the legalization of foreigners and stateless persons include employment, entrepreneurial activity, education, family circumstances, humanitarian reasons, and other specific cases.

Thus, foreigners who have an official work permit with a Ukrainian company, have established their own business, or have invested in an existing one are entitled to obtain a temporary residence permit. In addition to a traditional employment contract, a gig contract in the IT sector also provides foreigners with the opportunity to apply for a residence permit.

Family grounds for legalization include marriage to a Ukrainian citizen and reunification with close relatives who are Ukrainian citizens or permanent residents of Ukraine.

Foreign volunteers and humanitarian workers who plan to carry out long-term activities in Ukraine face significant challenges. Staying in the country for more than 90 days requires obtaining a D-10 type visa, which serves as the basis for further issuance of a temporary residence permit.

Types of Residence Permits

Ukrainian legislation establishes two main types of residence permits: a temporary residence permit and a permanent residence permit. Both documents identify a foreigner or a stateless person and confirm their right and legal grounds for temporary or permanent residence in Ukraine.

A temporary residence permit is issued to foreigners who reside in Ukraine for a specific purpose – such as employment, education, marriage, family reunification, or other reasons.

The validity period of a temporary residence permit depends on the grounds for residence:

• for employees – the duration of the work permit for foreign nationals;

• for business founders – 2 years;

• for students and participants in international technical assistance projects – for the period of study or project implementation, respectively.

A permanent residence permit is granted to individuals who have obtained an immigration permit – primarily relatives of Ukrainian citizens – as well as to other categories, both within and beyond immigration quotas, including highly qualified specialists, investors, and researchers.

Key Procedures and Documents

Obtaining a Tax Identification Number

First and foremost, it is necessary to obtain a taxpayer registration number by submitting the required documents to the regional office of the State Tax Service (STS). Without this number, it is impossible to sign an employment contract, open a bank account, or most importantly – legalize a long-term stay in Ukraine.

Applying to the Migration Service or Administrative Service Center (CNAP)

To obtain a residence permit, a foreigner must apply to the local office of the State Migration Service (SMS) or the Administrative Services Center at their place of residence, providing a complete set of documents. It is important to note that the documents must be submitted no later than 15 working days before the end of the legal period of stay in Ukraine.

Required Documents

The application package must include: a completed application form, a passport with a certified Ukrainian translation, health insurance, a taxpayer identification number, and documents confirming the grounds for residence in Ukraine (such as an employment contract, company incorporation documents, etc.). A receipt confirming payment of the administrative fee must also be provided.

Issuance of the Residence Permit

A residence permit is issued within 15 working days from the date the documents are accepted from a foreigner or stateless person. The applicant must personally submit the documents and collect the permit.

The procedure for obtaining a permanent residence permit is similar, but the package of documents must include a copy of the decision granting an immigration permit. The application form must indicate that residence in Ukraine is based on an immigration permit, and a certified copy of this document (stamped by an SMS officer) must be attached.

Extension and Revocation of Residence Permits

A temporary residence permit cannot be extended; once it expires, the foreigner must apply to the competent authority for a replacement.

Documents for replacing a temporary residence permit must be submitted no later than the last day of its validity, while a permanent residence permit must be renewed no later than 15 working days before its expiration date. In addition to expiration, a residence permit must be replaced if the information on it changes, an error is found, or the document becomes unsuitable for further use.

It is also important to remember the risks of withdrawal and revocation of a temporary residence permit. If a foreigner loses the grounds for residence for instance, if their employment contract or gig contract is terminated the State Migration Service will revoke the permit. A copy of the decision is sent by email or registered mail within 3 days, after which the foreigner must surrender the permit, deregister their place of residence, and leave Ukraine within 7 days from the date of receiving the decision.

Conclusions

To reside legally in Ukraine for the purposes of employment or education, foreigners must undergo the legalization procedure. It is worth noting that the process may be simplified for citizens of certain countries. For example, Ukraine and Poland have introduced reciprocal additional legal and social guarantees under which Polish citizens may work in Ukraine without obtaining a special work permit and apply for a temporary residence permit without holding a long-term visa.

Although residence permits that expired after February 24, 2022, remain valid during the period of martial law, it is still advisable to update the documents whenever possible.