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New procedure for issuing permanent and temporary residency permits is approved
Baker McKenzie, Kyiv, Ukraine,
Mon, May 21, 2018
On 25 April 2018 the Cabinet of Ministers of Ukraine adopted Resolutions No. 321 and No. 322, whereby a new format and the procedure for issuing permanent and temporary residency permits have been approved.
New form of residency permits
From 1 June 2018 permanent and temporary residency permits will be issued in the form of a plastic card with an electronic chip. This chip will contain certain biometric data about the foreign national, including his/her digitalized signature, photo and fingerprints.
Application to be submitted in person
Temporary residency permits may be issued to foreign nationals who have legal grounds to reside temporarily in Ukraine and are at least 16 years old (or have arrived to Ukraine for study purposes before the age of 16). The application must be submitted in person. For individuals under 16, or for those who have limited capacity (or are incapable), the permit is issued on the basis of the application of the sponsor of the applicant for a residency permit on the ground of family reunification.
To obtain a permanent residency permit, foreigners over 16 must also apply in person. For foreigners under 16 or for disabled or incapable persons, the permit is issued on the basis of the application of a parent (adoptive parent) or guardian with whom they reside.
Collection of biometric data
The requirement to submit applications for permanent or temporary residency permits in person has been established because of the new requirement to collect certain biometric data of the applicant (his/her digitalized signature, photo and fingerprints) at the time of filing the application. The applicant is also now obliged to verify and certify by his/her signature the correctness of the information indicated in the application.
Term of the residency permit
As previously, a temporary residency permit is issued for one year, unless certain exceptions apply. In particular, a foreigner who has arrived to Ukraine for work may obtain a temporary residency permit for the entire period indicated in his/her work permit.
From 1 June 2018, permanent residency permits will be issued for 10 years. Previously, such permits were issued for an unlimited time.
Exchanging a permit
Both permanent and temporary residency permits must be exchanged after they expire (previously, a temporary residency permit could be extended). The application to exchange a permit must be submitted at least 15 business days before the expiry date.
Residency permits issued on the basis of applications submitted before 1 June 2018 will be valid for the entire term for which they have been issued.
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As a matter of practice, for a certain period of time, residency permits may continue to be issued in the form of a paper book until the relevant local departments of the State Migration Service are equipped with the tools to enable them to issue permits in the form of a plastic card.
This LEGAL ALERT is issued to inform Baker McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases.