On November 5, 2025, the Cabinet of Ministers of Ukraine approved a list of countries with which dual citizenship is permitted. Citizens of these states may acquire Ukrainian citizenship without renouncing their own, and Ukrainian citizens may retain Ukrainian citizenship while acquiring citizenship of these countries.

At the time the resolution was adopted, the list included only five countries: Canada, Federal Republic of Germany, Republic of Poland, United States of America, and Czech Republic.

On May 8, 2026, the list was expanded to include EU countries, Switzerland, Norway, Iceland, and Canada.

Currently, the list of countries with which dual citizenship is permitted is as follows:

• Republic of Austria
• Kingdom of Belgium
• Republic of Bulgaria
• United Kingdom of Great Britain and Northern Ireland
• Hellenic Republic
• Kingdom of Denmark
• Republic of Estonia
• Ireland
• Republic of Iceland
• Kingdom of Spain
• Italian Republic
• Canada
• Republic of Cyprus
• Republic of Latvia
• Republic of Lithuania
• Grand Duchy of Luxembourg
• Republic of Malta
• Kingdom of the Netherlands
• Federal Republic of Germany
• Kingdom of Norway
• Republic of Poland
• Portuguese Republic
• Romania
• Slovak Republic
• Republic of Slovenia
• United States of America
• Hungary
• Republic of Finland
• French Republic
• Republic of Croatia
• Czech Republic
• Swiss Confederation
• Kingdom of Sweden.

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Legislative Initiative on Restricting Access to Public Service for Individuals with Dual Citizenship

If your education corresponds to any of the professions on the list, this is a valid ground for obtaining an immigration permit to Ukraine and, subsequently, a permanent residence permit. We recommend consulting one of our specialists to assess your specific situation.

Currently, the legal stay of foreign military personnel on the territory of Ukraine is confirmed by a military ID. However, as of 10 May 2026, a new requirement comes into effect: foreign nationals serving in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine are required to obtain a temporary residence permit.

Applications for the temporary residence permit must be submitted between 10 May 2026 and 10 November 2026.

To obtain the permit, applicants must submit the following documents to the regional department of the State migration service:

• passport and its notarially certified translation;
• military ID;
• military service contract;
• undertaking from the military unit.

The temporary residence permit shall remain valid for the duration of the military service contract, plus additional 6 months following its termination.

As of 10 November 2026, foreign military personnel will cross the border using their passport together with the temporary residence permit.

Foreign military servicemembers are exempt from the obligation to register or declare their place of residence.

Legal basis: the Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding the Legal Status and Medical Care of Military Personnel Who Are Foreign Nationals and Stateless Persons” dated December 17, 2025.

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Expired temporary residence permits must be renewed

FAMILY MEMBER IS REPORTED MISSING IN ACTION IN UKRAINE: WHAT TO DO

• The Military Unit: Reach out to the soldier’s unit to clarify the circumstances of the disappearance. Many units now have patronage services specifically designed to support families.
• Department for Coordination of Foreigners’ Military Service in the Armed Forces of Ukraine: They provide consultations and help with the documentation required for entitled payments. Email: int_legion_ua@post.mil.gov.ua
• Your Country’s Embassy in Ukraine: They can assist in communicating with Ukrainian authorities and provide additional diplomatic support.

2. Secure official Missing in Action (MIA) status.

Under Ukrainian law, a person officially gains Missing in Action status as soon as the information about their disappearance is entered into the Unified Register of Persons Missing under Special Circumstances, which can be done through the departments of the National Police of Ukraine. If you are not in Ukraine, you can refer to the mentioned entities or a legal representative to secure the status. This formal recognition is important as it opens access to rights and support from the Ukrainian government.

3. Provide DNA samples.

Submitting DNA is a critical step for identification and future repatriation. You can submit DNA samples at official identification centers in Ukraine, or if you are abroad, at any branch of State Enterprise “Document” — pasport.org.ua/centers, or directly through the International Commission on Missing Persons after reporting the missing person through ICMP’s Online Inquiry Center — oic.icmp.int. ICPM accepts samples in person at ICMP offices in Kyiv, the Hague, Sarajevo, or Tuzla; during its publicly announced collection campaigns held throughout the year in various countries (mostly in Europe); or — if all other options have been exhausted — via a remote DNA collection kit.

4. Request monthly payments.

Under Ukrainian law, close relatives can apply to the military unit for the soldier’s monthly salary while the service member holds MIA status. However, this procedure can be complicated for foreigners as it requires obtaining a Ukrainian tax identification number and a Ukrainian bank account. Also, foreign documents (passports, marriage and birth certificates, family composition certificates) must be apostilled and officially translated into Ukrainian.

5. Consider applying to change status to Killed in Action (KIA) after 6 months.

Under Ukrainian law, after at least 6 months in MIA status — and if circumstances suggest the person likely perished — relatives can petition a Ukrainian court to declare them deceased. This court decision enables access to one-time monetary assistance of 15 million UAH (around $345,000 USD or €290,000 EUR as of March 2026, depending on exchange rates) for families of fallen defenders. This payment is divided among eligible relatives. But again, for this, you will need to obtain a Ukrainian bank account and tax ID.

These processes can feel overwhelming, especially from abroad and in a foreign legal system. Expatpro law firm is available to support families in these situations. We provide legal support to gather information from Ukrainian institutions, assist with obtaining MIA or KIA status, handle paperwork for monthly payments, and guide you through securing the full compensation your family deserves.

Please feel free to reach out if professional guidance would make this process clearer or more manageable for you. Our thoughts remain with you and your family during this difficult time.

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Financial Support for Families of Fallen Ukrainian Defenders

The main purpose of the amendments is to regulate documentation issues, legal stay in Ukraine, and to ensure basic social and medical guarantees for foreigners serving.

Under the new rules, foreigners who have entered into a contract for military service will be able to obtain a temporary residence permit for the entire duration of the contract, plus three months after its termination. The law clarifies the list of documents on the basis of which such a permit is issued.

Separately, the law provides for the possibility of submitting a passport document with an expired validity period or one subject to replacement. This is permitted in cases where obtaining a new passport would require applying to the authorities of the aggressor state or the state not recognizing Ukrainian territorial integrity and sovereignty.

For foreigners who concluded a contract prior to the entry into force of this law, a transitional period is established – they should apply for a temporary residence permit within 6 months from the date the law enters into force. Until that time, they may continue to use their military ID to confirm their legal stay in Ukraine.

Foreign fighters who are documented with a temporary residence permit will not be subject to the requirement to register their place of residence.

The law also shortens the timeframe for the entry into force of amendments related to the exercise of the right to acquire and retain Ukrainian citizenship, and grants the Cabinet of Ministers up to three months to adopt the necessary subordinate regulatory legal acts.

At the same time, the law clarifies the scope of social guarantees for foreigners serving. The Law on Social and Legal Protection of Servicemen does not apply to them in full; however, they retain the right for vacation, financial remuneration, and medical support.

Introduced changes are aimed at simplifying the lawful stay of foreign servicemen in Ukraine and creating clearer and fairer conditions for military service.

We await the publication of the final text of the law after its signing by the President of Ukraine to provide a more detailed analysis.

However, last December, Minreintegration was liquidated. The Ministry of National Unity (Minnatsyednosti) was created on its basis. Yet, during the transfer of powers, the function of issuing submissions for foreign journalists’ residence permits was not transferred to the newly established ministry.

Thus, for almost a year, there was no authorized body in Ukraine to issue the necessary submissions, which effectively blocked the legalization process for foreign media workers.

A Solution is Found: A New Resolution

On November 19, 2025, the Government adopted a resolution that is expected to settle this issue. The authority to issue submissions for the temporary residence permit for foreign journalists has now been transferred to the State Committee for Television and Radio Broadcasting of Ukraine (Derzhkomteleradio).

This change opens the way for foreign correspondents to obtain residence permits and solves a problem that significantly complicated their professional activities in Ukraine over the past year.

Under this legislative proposal, individuals with dual citizenship will be prohibited from holding the following positions:

• Member of the Verkhovna Rada of Ukraine and their assistants;
• Members of the Cabinet of Ministers of Ukraine;
• Commissioner of the Verkhovna Rada of Ukraine for Human Rights (Ombudsman);
• Commissioner for the Protection of the State Language;
• Chairperson and members of the Central Election Commission (CEC) and members of election commissions;
• Heads of local state administrations and their deputies;
• Employees of the Security Service of Ukraine (SBU);
• Head of the National Agency on Corruption Prevention (NACP);
• Member of a political party;
• Civil servants of categories “A–С” where the jurisdiction of the state body covers the entire territory of Ukraine (e.g., State Tax Service, State Customs Service);
• Civil servants of category “B” where the jurisdiction of the state body covers one or more regions or cities (e.g., Central Interregional Directorate of the State Migration Service in Kyiv and Kyiv region);
• Civil servants of category “C” where the jurisdiction of the state body covers one or more regions or cities in positions related to: cybersecurity; state secrets; handling personal data; personnel management; defense and mobilization preparation; referendums and elections; urban planning programs and documentation; internal audit;
• Positions of categories 1–6 in local governmental bodies.

Dual citizenship will be the basis for the dismissal from abovementioned position. It will also be the ground for the dismissal from the military service.

On November 5, 2025, the Cabinet of Ministers of Ukraine approved a list of countries with which dual citizenship is allowed. Citizens of these countries can acquire Ukrainian citizenship without renouncing their own, and Ukrainian citizens can retain their Ukrainian citizenship while obtaining citizenship of these countries.

Currently, the list includes five countries:

1. Canada
2. Federal Republic of Germany
3. Republic of Poland
4. United States of America
5. Czech Republic

Worth mentioning that the list can be changed or supplemented in the future in accordance with the criteria defined by the Cabinet of Ministers. We are expecting the list of countries with which dual citizenship is allowed to be expanded soon, taking these criteria into account.

Employment of foreigners in Ukraine is a procedure that always involves a number of legal formalities. One of the key prerequisites for concluding an employment contract with a foreign national is the employer’s obligation to obtain a work permit for foreigners and stateless persons.

As a general rule, a fee is charged for the issuance of such a permit, the amount of which depends on the period of its validity.

However, Ukrainian legislation establishes specific exemptions for certain categories of foreign nationals. In particular, employers intending to hire foreigners and stateless persons who have directly participated in the defense and deterrence of the armed aggression of russia against Ukraine are exempt from paying this fee.

Who Is Eligible for the Exemption

The exemption applies to foreigners and stateless persons who served in the Armed Forces of Ukraine, volunteer formations, or other military units engaged in the defense of Ukraine.

This privilege is provided under the Law of Ukraine “On Employment of the Population” as part of the state’s policy to support individuals who contributed to the protection of the country. By enacting this rule, the legislator recognizes that foreign nationals and stateless persons who stood in defense of Ukraine deserve additional guarantees in the field of employment.

Required Proof of Participation

To benefit from the exemption, it is necessary to provide official confirmation of participation in the defense against the armed aggression. Without such documentation, the exemption cannot be granted.

Although the respective employment center verifies independently whether the exemption may be applied, it is strongly recommended that applicants assist the verification process by submitting any available supporting documents when applying for a work permit.

In connection with the implementation of the institution of multiple citizenship in Ukraine, on October 8, 2025, the Government approved the criteria for determining the countries whose citizens will be eligible for dual (multiple) citizenship in Ukraine. These criteria shall enter into force on January 16, 2026.

The list of countries shall be approved by a separate Resolution of the Cabinet of Ministers of Ukraine upon the submission of the Ministry of Foreign Affairs (MFA).

What will the MFA focus on?

When submitting countries for inclusion in the list, the MFA shall take into account the following criteria:

• Membership in the EU;
• Sanctions policy: the country’s application of restrictive measures (sanctions) in connection with the armed aggression against Ukraine;
• Membership in the Group of Seven (G7);
• support for the independence, sovereignty, and territorial integrity of Ukraine;
• Position during voting on decisions/resolutions in international organizations on issues related to Ukraine;
• Existence of strategic or other types of partnership relations;
• Level and prospects for the development of bilateral relations;
• Financial support for Ukraine;
• Other criteria that may have a significant impact on ensuring the national interests of Ukraine in the sphere of foreign and domestic policy.

The Resolution also stipulates the possibility of excluding a country from this list. It is currently unknown what legal consequences such exclusion will entail for the citizens of those countries who hold dual citizenship at the moment of exclusion.

Criteria for Dual Citizenship: What You Need to Know

Approved list of countries with which dual citizenship is allowed

Legislative Initiative on Restricting Access to Public Service for Individuals with Dual Citizenship

Multiple Citizenship in Ukraine: FAQ

• Who can acquire multiple citizenship under the new law?
  Only individuals meeting specific cases defined by law — such as birth, adoption, marriage, or acquisition under special CMU lists.

• Does the law apply to Russian or Belarusian citizens?
  No, citizens of aggressor or occupying states are excluded.

• Can you lose Ukrainian citizenship if you get another passport?
  Yes, if you voluntarily acquire the citizenship of a country not on the “friendly countries” list.

• Is dual citizenship automatically allowed for everyone?
  No, most citizens must meet strict requirements and exceptions listed in the law.

• Do civil servants and judges have special restrictions?
  Yes, multiple citizenship is still not allowed for civil servants and judges.

• Does the law change tax, pension, or military service rules?
  No, these areas are not affected by the new law and retain the old regulations.

• How to restore Ukrainian citizenship if you emigrated?
  The law introduces procedures for diaspora members to regain citizenship.

• What is the “friendly countries” list and how is it defined?
  The Cabinet of Ministers of Ukraine will establish this list in the future.

According to the current legislation, foreign volunteers and humanitarian workers must obtain a visa-D to stay in Ukraine for more than 90 calendar days. To complete this, a foreigner must leave Ukraine before the end of 90-day visa-free period and apply in the Ukrainian consulate abroad. Only after obtaining a visa-D, foreigners can come to Ukraine and apply for a temporary residence permit.

Therefore, the authors of the draft law aim to ease the conditions for the activities of foreign volunteers and humanitarian workers in Ukraine.

The draft law №13071, which is currently undergoing the stage of approval by the Verkhovna Rada committees, states the following:

• for the period of martial law and within 1 year from the date of its cancellation, volunteers and humanitarian workers* will be able to obtain a temporary residence permit without a visa-D.
• volunteers and humanitarian workers* who arrived in Ukraine after February 24, 2022 and applied for a temporary residence permit within 60 days of the adoption of this law are considered legally staying in Ukraine.

*Humanitarian workers are defined as foreigners who arrived in Ukraine to work in separate subdivisions of foreign legal entities registered as recipients of humanitarian aid in accordance with the Law of Ukraine “About Humanitarian Aid”.

• Instructions for conducting exams
• Program on the Fundamentals of the Constitution of Ukraine
• Program on the history of Ukraine
• Exams schedule
• Test tasks on the fundamentals of the Constitution of Ukraine
• Test tasks on the history of Ukraine
• Handbook to prepare for exams for foreigners and stateless persons who intend to be admitted to Ukrainian citizenship

We remind you that, in addition to the certificate of knowledge of Ukrainian history and the Constitution, applying for Ukrainian citizenship also requires a certificate of proficiency in the Ukrainian language, issued by the National Commission on State Language Standards.

Currently, individuals have the right to be granted citizenship if they have continuously resided in Ukraine for the past five years on a temporary or permanent residence permit.  Exceptions are made for those married to a Ukrainian citizen or serving in the Ukrainian military. The Draft Law now proposes to remove the possibility of granting citizenship to individuals with a temporary residence permit.

To obtain Ukrainian citizenship, individuals will need, according to the Draft Law, to reside in Ukraine for 10 years: first, 5 years to obtain a permanent residence permit (in the absence of other grounds for obtaining it) and then another 5 years before applying for citizenship. This makes the process significantly longer compared to the more lenient requirements that most of the European countries have. For example, in Germany, the residency requirement for obtaining citizenship was recently reduced from 8 to 5 years, and in certain cases, to 3 years.

For those seeking citizenship as the spouse of a Ukrainian citizen, the required duration of marriage may be increased from 2 to 3 years.

The draft law proposes to extend this requirement to persons applying for citizenship, except for those who obtain citizenship under a simplified procedure, the military, children and incapacitated persons.

Language Exams

The Draft Law proposes introducing this requirement for those applying for citizenship acquisition. Exceptions are made for those obtaining citizenship through a simplified procedure, military personnel, children, and legally incapacitated individuals.

Loss of Citizenship

The Draft Law suggests a complete revision of the grounds for the loss of Ukrainian citizenship. Acquiring citizenship will no longer be grounds for losing Ukrainian citizenship if it is citizenship of a country included in a legally defined list.

The voluntary acquisition of citizenship of a state recognized by Ukraine as an aggressor or occupying state will be grounds for losing Ukrainian citizenship. The same applies to acquiring the citizenship of any state not listed as one with a simplified procedure. Essentially, multiple citizenship is possible only for people wanting to hold a passport of a country from the legally defined list. Commenting on this provision in Draft Law No.10425, the Main Scientific and Expert Department of the Parliament noted that such an approach would amount to a violation of the principle of equality before the law. We cannot disagree with this.

The Draft Law proposes that foreigners obtaining Ukrainian citizenship through a simplified procedure would have the legal right to hold dual or multiple citizenship and enjoy all the rights and freedoms of a Ukrainian citizen. In contrast, Ukrainian citizens acquiring citizenship of other states not included in that list of countries (whose citizens can obtain Ukrainian citizenship through a simplified procedure) would risk losing Ukrainian citizenship and all the rights as Ukrainian citizens.

Among the grounds for the loss of citizenship outlined in the Draft Law are the use of a foreign passport within Ukraine, providing false information or forged documents to obtain citizenship, serving in the military of an aggressor state, committing crimes against peace, humanity, international order, or committing a terrorist act. Additionally, it includes the failure of individuals who acquired Ukrainian citizenship through a simplified procedure to pass the Ukrainian language, history, and the Constitution knowledge exams the within the prescribed timeframes.

A new positive aspect of this Draft Law, compared to previous legislative initiatives, is the introduction of sanctions for failing to pass the exams, which had not been stipulated before.

Unfortunately, the Draft Law overlooks an important issue: the timeframes for processing applications for the acquisition and termination of citizenship. The final decision in both cases is made by the President of Ukraine, and due to the lack of any legislative mechanisms of influence. From our experience, the processing time for these applications could be 5 or more years.

Among the positive changes in the Draft Law is the introduction of simpler procedures for foreigners serving in the military under contract, as well as for the families of military personnel.

Draft Law No.11469 introduces the concept of multiple citizenship in Ukraine; however, the text of the Draft Law contains several legal collisions as well as technical errors that need to be addressed. These changes must be implemented in line with the principles of equality and legal certainty for all Ukrainian citizens.

First was published at The Page

This article was first published at Ligazakon.net

Before applying for an immigration permit, it is obligatory to obtain approval from the Ministry of Economy. It should confirm the candidate’s compliance with the criteria of a highly qualified specialist.

In general, the document package for immigration will look like this:

• Application for the immigration permit;
• Three photos;
• Original and copy of passport;
• Proof of residence;
• Family status information;
• Medical certificates;
• Originals and copies of documents confirming the qualification level of the specialist;
• Approval from the Ministry of Economy;
• Non-criminal record;
• Receipt for payment of state fee.

However, the complete list should be formed after assessing your circumstances.

Applications for immigration permits are submitted either through the State Migration Service or through consular offices located at the foreigner’s place of residence.

Documents submitted through the State Migration Service are processed within 6 months. Applying through consular entities means your waiting period is 1 year maximum.

Like any bureaucratic process, immigration to Ukraine requires a thorough understanding of the situation and attention to details. However, in compliance with legislative requirements, everything is possible!

Still have questions? Please have no hesitation to contact us.

Kateryna Zatulko, senior associate, attorney-at-law

Svitlana-Rujuta Lapa, junior associate

• • the list of persons who may apply for an immigration permit has been expanded;
• • the timeframe for consideration of an application for an immigration permit has been reduced;
• • a procedure for verifying the fictitiousness of marriages when applying for an immigration permit on the basis of family reunification was introduced;
• • the administrative fee for applying for an immigration permit was increased;
• • the list of grounds for refusal to grant an immigration permit was expanded;
• • a deadline for applying for a permanent residence permit was set;
• • the procedure for withdrawal of a permanent residence permit and forced return in case of revocation of an immigration permit was clarified.

Renewed list of persons who may apply for an immigration permit

The law provides the possibility of applying for an immigration permit to persons who have resided in Ukraine continuously for the last 5 years on the basis of a temporary residence permit obtained on the basis of parts 4-12 of Article 4 of the Law of Ukraine “On the Status of Foreigners and Stateless Persons”. So, persons, who during the last 5 years were studying, working, volunteering, preaching and living in Ukraine, would be able to submit documents for an immigration permit.
For residence in Ukraine to be considered continuous, it is necessary not to leave Ukraine for more than 90 days per visit abroad, and in total, absence from Ukraine in a year may not exceed 180 days.
It will not be considered a violation of the continuous residence requirement if a person travels abroad on a business trip, study, vacation, medical treatment upon the recommendation of a relevant medical institution, or if a person changes his or her place of residence in Ukraine.
Family members of highly qualified professionals and workers will be able to migrate within the general quota set by the Cabinet of Ministers of Ukraine. This means that an immigrant’s spouse and children can apply for an immigration permit together with him or her if they enter and stay in Ukraine together. In other cases, the spouse of an immigrant will be able to apply for an immigration permit only if they have been married to an immigrant for more than two years.

Reduction of the timeframe for consideration of an application for an immigration permit

From now on, applications for immigration permits will be processed within 6 months instead of 1 year. However, the processing time will still be 1 year for applications for an immigration permit submitted through diplomatic institutions of Ukraine.

Procedure for verifying the fictitiousness of marriage in the process of consideration of documents for obtaining an immigration permit

The Law stipulates that, together with an application for an immigration permit based on family reunification with a citizen of Ukraine or a foreigner who already has a permanent residence permit, an applicant must submit a consent to verify the fictitiousness of their marriage. The spouse with whom the foreigner is “reuniting” must also provide such consent.
The requirements for the consent are not yet defined by law.
Checks of the fictitiousness of marriage will be carried out by the State Migration Service of Ukraine. The law stipulates that the checks will be in the form of interviews and written tests.
As a result of the verification procedure, the fact that a person is married to a citizen of Ukraine or an immigrant will not be recognized as a basis for granting an immigration permit in the following circumstances:

• – one of the spouses received material compensation in exchange for giving free consent to the marriage, if this is not mandatory when entering into a marriage abroad, in accordance with the law of a foreign state;
• – the spouses do not live together and are not connected by a common household;
• – the spouses did not meet or communicate before the marriage;
• – the spouses do not communicate in a language understood by both of them;
• – one of the spouses has previously been married to a citizen of Ukraine or an immigrant, which was not recognized as a ground for granting an immigration permit;
• – each of the spouses does not have information about the other spouse’s personal data (date and place of birth, place of residence, education, place of work, profession, religion, close relatives, peculiarities of life and preferences);
• – refusal of a person to have his or her spouse present in person when applying for an immigration permit;
• – refusal of each of the spouses to provide written consent to an interview and written tests for verification.

Increase in administrative fees

Before the Draft Law enters into force, the fee for processing and issuing an immigration permit is UAH 179.74. The Draft Law stipulates that the fee will be 0.5 of the subsistence minimum for able-bodied persons as of January 1 of the calendar year, i.e., as of 2023, it will be UAH 1,342. It also provides that in case of submission of documents for an immigration permit through diplomatic institutions of Ukraine abroad, a consular fee is charged in the amount set by the Ministry of Foreign Affairs of Ukraine.

The list of grounds for refusal to grant an immigration permit

The renewed grounds for refusal to grant an immigration permit are:

1. 1) a court decision to invalidate a marriage on the grounds of its fictitiousness;
2. 2) failure to pass the “fictitiousness” test of the marriage by the State Migration Service of Ukraine;
3. 3) failure to confirm the legality of stay in the territory of Ukraine;
4. 4) failure to submit all documents required by the Law;
5. 5) bringing to criminal or administrative liability for illegal crossing or attempting to cross the state border illegally;
6. 6) violation of the procedure for entering and leaving the temporarily occupied territories;
7. 7) violation of the legislation on the legal status of foreigners and stateless persons;
8. 8) failure to comply with a court decision or a decision of state authorities authorized to impose administrative penalties;
9. 9) failure to fulfill property obligations to the state, individuals or legal entities.

New deadlines for a permanent residence permit application

From the moment of obtaining an immigration permit, a foreigner will still have 1 year to apply for a permanent residence permit in Ukraine. However, this period is limited by the period of legal stay/residence of the foreigner in Ukraine, as it is stated by the Draft Law that he/she must apply for a permanent residence permit no later than 15 business days before the expiration of his/her long-term visa or temporary stay/residence.
So, to submit documents for a permanent permit, a foreigner will have to take into account both the validity period of the immigration permit and the validity period of his valid documents for residence in Ukraine (period of stay, visa or temporary residence permit validity).

Procedure for withdrawal of a permanent residence permit and forced return in case of cancellation of an immigration permit

If an immigration permit is canceled, the permanent residence permit issued on the basis of this permit is canceled. Along with the decision to cancel the immigration permit, the migration service also makes a decision on forced return.
All three decisions must be made simultaneously, and hard copies sent by registered mail to the foreigner in respect of whom they were made or handed over to him/her personally within 5 calendar days.
The canceled residence permit is withdrawn by the migration service or border guard service.
The decision on forced return specifies the time limit for departure abroad. If during this time the person has not left Ukraine and has not appealed the decision on cancellation of the immigration permit and permanent residence permit to the court, he or she is subject to forced expulsion.
If a person has appealed the decision on cancellation of an immigration permit and permanent residence permit to a court, the enforcement of the decision on his/her forced return is suspended until the court decision enters into force.
If the court finds the decision to revoke the immigration permit and permanent residence permit unlawful and revokes it, the immigration permit is considered valid and is the basis for applying for a permanent residence permit by way of exchange.

N.B. The article is written for informational purposes only. If you want to join the Ukrainian Army, please, apply on the website: https://ildu.mil.gov.ua/. Our company does not deal with this matter, since enrollment to the army is carried out by the relevant military authorities.

One of the most popular questions that our experts get after the full-scale invasion started is “Can you join the Ukrainian army as a foreigner?”. In this article, our experts have collected a maximum of answers to questions about how a foreigner can join the defense of Ukraine.  

Foreigners can join the Armed Forces of Ukraine

Since the beginning of the full-scale armed invasion of Ukraine by the Russian Federation on 24 February 2022, foreign citizens have been actively joining the Armed Forces of Ukraine voluntarily to fight for Ukraine and protect the territorial integrity and sovereignty of Ukraine. 

The International Defense Legion of Ukraine, which is part of the Armed Forces of Ukraine, was formed to enable foreigners to enlist in military service and to defend Ukraine in the fight against the aggressor state. 

Further detailed information about the International Legion can be found here: https://ildu.mil.gov.ua/. 

Following the Decree of the President of Ukraine No. 82/2022 of 28 February 2022, a visa-free regime was introduced for foreigners who have joined the International Defence Legion of Ukraine.  

Requirements for foreigners to perform military service 

According to the Law of Ukraine “On Military Duty and Military Service”, foreigners who are legally residing in Ukraine may perform military service in the Armed Forces of Ukraine. Women can also be recruited for military service under a contract, but only if there are vacant military positions. 

Foreigners who are eager to join the Ukrainian Army can be recruited for military service after signing a contract. 

General requirements to start military service: 

1. Age from 18 to 45 years, or 50 years, or 55 years depending on the military position;  
2. Right to legally reside in Ukraine;
3. Identity document availability. 
4. Absence of criminal record;
5. Suitable health conditions for military service;
6. Passing through the professional and psychological selection successfully;
7. Sufficient level of physical fitness;
8. Previous experience of military service (non-mandatory). In case of relevant experience absence, foreigners accepted for military service are to be sent to educational units for training and undergoing special courses for the acquisition of the relevant military specialty.

Procedure for the enlistment of foreigners who legally reside in the territory of Ukraine for military service

Stage 1. Submission of documents

To enlist for military service, foreigners apply to the territorial recruitment and social support center at their place of residence or directly to the military unit in which they wish to serve under the contract. 

Stage 2. Inspections 

The relevant territorial recruitment and social support center in a way of sending inquiries to the competent authorities, and conducts checks on foreigners who have expressed a desire to perform military service to verify the legality of their stay in Ukraine, the availability of identity documents, the absence of a criminal record, and the accuracy of other information provided by the foreigner. 

Step 3. Providing consent to the processing of personal data.

Stage 4. Passing a mandatory medical examination by the Military Health Commission.

Stage 5. Professional and psychological selection.

Stage 6. Passing the physical training standards. 

Stage 7. Signing a contract.

Depending on the position, the contract is concluded for 3 years or a period of up to 5 years. 

Cases when a foreigner is barred from entering into a contract  

A contract for military service cannot be concluded when: 

1. The foreigner is staying in Ukraine illegally.
2. There is an outstanding criminal record.
3. No consent to the verification of information or identity document checks was provided.
4. The fact of submitting false information or forged documents has been established.
5. The time remaining for the foreigner to reach the age limit for military service is less than the term of the prospective contract for military service.

Procedure for the enlistment of foreigners residing outside Ukraine for military service 

Such foreigners can enlist for military service through the mechanism of joining the International Defense Legion of Ukraine. 

To join the International Legion of Ukraine, foreigners residing abroad must apply to the Embassy of Ukraine in the country of citizenship or legal residence. A sample application can be found at the following link: https://bit.ly/3BSVjAh. 

A foreigner should submit an application and his/her passport, as well as documents confirming military service in the past (in case of availability).  

The documents can be submitted either during an in-person visit to a diplomatic mission of Ukraine abroad or via electronic means of communication. 

After verification of the submitted information, the foreigner will have an interview at the Embassy with a defense attaché. Further, an application is submitted for enlistment in the Armed Forces of Ukraine for voluntary military service under a contract.

After having been authorized to travel to Ukraine, the foreigner will receive instructions, the necessary documents, and equipment. It is recommended to bring a military kit, such as clothing items, equipment, a helmet, and body armor, if available.

Then a foreigner should go to Ukraine and upon arrival signs a contract for military service. 

Peculiarities of military service undergone by foreigners 

Foreigners enlisted for military service under a contract are subject to a probationary period of 2 months. If it is established that a foreigner who has entered military service is unable to take up a military position and perform official duties, as well as the repeated violations of military discipline are uncovered, the foreigner is considered to have failed the probationary period.

A foreigner who is enlisted for the first time in military service takes an official obligation to strictly observe the Constitution and laws of Ukraine and to faithfully perform the duties of military service.

State guarantees for foreign military personnel 

The amount of financial support for foreigners is determined at the same level as for military personnel who are citizens of Ukraine. In addition, foreigners and stateless persons are entitled to one-off financial assistance in the event of the death of a serviceman, disability, or partial disability. The family members and parents of the deceased serviceman are entitled to such a payment in the event of the death of a serviceman. 

In this respect, it is necessary to carefully fill in the information about foreigners’ family members at the time of enlistment for military service. 

The contract may be terminated at the foreign serviceman’s request at any time. 

Ukraine is taking all possible measures to provide foreigners with the opportunity to be freely involved in military service, to help the Ukrainian people, and to fight against the aggressor state.

Is it legal for Americans to fight for Ukraine?

For Americans seeking to provide assistance to Ukraine, there are two options to consider. First, the International Defense Legion of Ukraine is a military unit that allows foreign nationals with combat experience to join and serve in the Ukrainian army.

Alternatively, join the Ukrainian Volunteer Army, the unofficial movement created specifically to assist the regular military forces, encourages volunteers to join, including Americans. While this may still carry certain legal risks and implications, the process and requirements for joining this unit are different from joining the International Defense Legion of Ukraine.

The legal company EXPATPRO presents its activities on the Internet only at the official website https://expatpro.co/, as well as social networks:
https://www.facebook.com/expatpro.co
https://www.linkedin.com/company/expatpro.co/

Recently, we received reports of interaction with a fraudulent organization that copied our company’s website. Ukrainian police rejected our claims about the fact of fraud, as the representatives of our team are not direct victims of scammers and there are no proven losses.
We also filed a DMCA complaint, but the scammers restored the fake website in a while.
Last week, we knew that scammers imitating us created the NATO-Ukraine Relief Commission website. The Ministry of Internal Affairs of Ukraine has no information about any such program (here is a link to the official website https://mvs.gov.ua/uk). There is no NURC registration data (legal entity number, bank account) in the registers, etc., from which we conclude that such an organization does not exist.
We add screenshots of scammers’ resources not placing their links to avoid increasing the reputation of these fake sites. Please check out the screenshots below!

Our team has previously complained about blocking these sites, also our experts are solving the issue in the online field. We will continue to do so in the future if individuals or organizations use our name.

But we also ask you to be aware! Our project’s official website and social networks are indicated in this text. We do not have any other resources. Differences in even one letter can lead you into the hands of fraudsters. If you have any questions or concerns, please email us at welcome@expatpro.co. If you are asked to provide any data or make a financial transaction under the name of a representative of our company, please make sure that you are dealing with us!
In case there was any damage caused to you or your company we can help with filing the claim to the National police of Ukraine as Attorneys.

Be aware of scam resources:
expetpro
NATO-Ukraine Relief Commission

We also share with you a link to the Cyber Police of Ukraine: https://ticket.cyberpolice.gov.ua/

In 2022, the Diia City special tax regime was launched. The idea behind this tax regime is to create special conditions for IT businesses (product companies, in particular) that will concentrate their assets in Ukraine.

What does this special tax regime imply?

Foremost, it replaces income tax with a tax on distributed profits. The difference between these two is the taxation base.

The Tax Code of Ukraine provides that transactions of a Diia City resident (hereinafter the Resident), which meet the criteria of a capital flow of such a company and which are not directly related to its business activity, are subject to tax. Such a mechanism is new and the criteria for classifying transactions as such, which are considered operations on distributed profits, have not yet been elaborated and improved, therefore certain changes are possible shortly.

Among such operations:

1. dividend payout paid by a resident in cash or a nonmonetary form.

Exception: distribution of dividends in the form of interests (equities, shares), if such distribution does not change the interest allocation of the participants in the authorized capital, and the increase in the authorized capital by the value of the distribution is taking place.

2. payout(repayment) of funds or property by a resident to a holder of equity rights, provided that their value exceeds an initial contribution (an investment).
3. refund (resumption of an estate) held in trust by a resident or in a joint venture(if the amount paid back exceeds the amount that has been initially transferred).
4. debt obligations performance(payment of interests, commissions, fees, penalties), in favor of non-residents of Diia City.

Exception: Performance of debt obligations in favor of resident and non-resident banks (if funds have not been provided through a permanent establishment);

5. performance of debt obligations (payment of interests, commissions, remunerations, penalties) in favor of:

– a related non-resident person;

– a non-resident, if the amount of debt obligations exceeds the payer’s equity capital by 3.5 times or more;

– persons who are tax residents of an offshore jurisdiction.

6. transfer of a property (including works, services) to a non-resident of DiiaCity on special terms and conditions, without claiming to compensate their value (including a transfer for free).

Exceptions: 

– transfer of a property to non-profit organizations;

– distribution of such a property (works, services) during advertising/marketing and if the value of such a property (works, services) does not exceed 2 subsistence minimums for an able-bodied person as of 1 January of the accounting year;

– the value of such a property (works, services) is subject to personal income tax or it is not included in the calculation of the total monthly (annual) income (according to Article 165 of the Tax Code of Ukraine) or it is not subject to tax according to par. 170.7 of Article 170 of the Tax Code of Ukraine;

– additional benefits are transferred under special conditions in favor of the resident’s specialists, provided that they are not subject to personal income tax due to the absence of personalized accounting.

It is important to know that an identified lack of property under certain conditions may also be considered free transmission by a resident;

7. granting financial aid, inter alia:

– to a person, who is not a resident of Diia City and provided that it is granted on the special conditions, non-refundable;

– to a related person, who is not a resident of Diia City, irrespective of the conditions of repayment;

– to a non-related person, who is not a resident of Diia City, if the amount has not been returned within 12 months from the month following the calendar month, when such financial aid was provided or deemed uncollectible, terminated due to a debt release;

Exceptions:

– provision of financial aid to non-profit organizations;

– provision of financial aid according to a collective agreement or a decision of a management body of a resident to its specialist, who is not at the same time a person related to the resident;

– the amount of financial aid or debt for goods (works, services) is subject to personal income tax, or it is not included in the calculation of total monthly (annual) income (Article 165), and/or it is not subject to tax according to paragraph 170.7 of Article 170 of the Tax Code of Ukraine;

– the amount of uncollectable debts a) is recovered by a borrower after their forgiveness; б) is not recovered after expiration of a limitation period; в) is the principal amount of a loan or a deposit given to a taxpayer without stipulation of terms for the return of such a principal amount;

– contributions to foreign (international) organizations and institutions in the amount that is not exceeding 300 subsistence minimums for an able-bodied person established as of January 1 of the year in question (1 organization);

8. provision of financial aid and/or a free transmission of a property (works, services) to non-profit organizations in the amount exceeding 0.5% of the resident’s net operating income as reported in the financial statements for the previous tax year;
9. provision of a non-repayable financial aid and/ora free transmission of a property (works, services) to non-profit organizations, which are national higher educational institutions in the amount exceeding 1% of the amount of the resident’s net operating income as reported in the financial statements for the previous tax year;
10. provision of funds, property (including non-current assets) to a non-resident (except for the events of transactions with a permanent establishment of a non-resident in Ukraine) related to:

– settlement of obligations (if: a) respective borrowed funds have not been credited to the accounts with the Ukrainian banks; б) have not been used as the payment for the property, which 1) is located on the territory of Ukraine or 2) has been imported to the customs territory of Ukraine;

– settlement of obligations (on recognized fines, penalties, forfeitures, damage compensation, loss of profit) in favor of the non-resident related persons and/or the non-residents considered as offshores;

– investments in the projects, if they are located outside Ukraine, except for: 1) payment of membership (entrance fee) and/or target contributions to foreign (international) organizations and institutions in amount not exceeding 300 subsistence minimums for an able-bodied person established by the law as of January 1 of the tax (reporting) year per an organization; 2) acquisition of a property abroad, if it is imported to the customs territory of Ukraine prior to the payment made or within 365 days from the date of funds transfer; 3) acquisition of property abroad with a view to its further sale without importing it to the customs territory of Ukraine provided that the funds are received in accounts opened with the Ukrainian banks within 365 days from the date of the property payment transfer; 4) acquisition of property located in Ukraine, and it will be received by a resident prior to the payment or within 365 days from the date of the funds transfer; 5) investment in intangible assets;

11. purchase of works/services, except:

– receipt of works/services before or within 365 days from the moment of payment;

– acquisition of works/services with a view to their further sale abroad provided that the proceeds from the sale of such a property are credited to the accounts opened with Ukrainian banks within 365 days from the date of payment for their acquisition;

– acquisition of electronic services, which are subject to payment in the form of a fixed payment on a prepayment (subscription) basis;

12. provision of property/works/servicesto a non-resident of the Diia City under a contract that provides for the payment of compensation of the value of such property/works/services.

Exception: sale (provision) of the property after receipt of the payment or if funds from such a sale (provision) are credited to the resident’s accounts, that are open with Ukrainian banks within 365 days from the date of: 1) customs clearance of the property export; 2) transfer of risks connected with ownership of the property (without import/export of the property); 3) written certificate, invoice, other instrument confirming the provision of services, works, property/non-property rights; 4) receipt of a report on the revenues/volume and value of the property (works, services) sold (in the event the sale has been made through representatives by providing access via an electronic interface, providing technical, organizational, information and other opportunities using information technologies and systems to establish contacts and conclude agreements (taken the receipts (invoices) do not list the property (works, services) and their factual supplier).

13. transfer of funds (provision of the property) by a Diia City resident for and on behalf of a non-resident in favor of such a non-resident (a person authorized by him) within the commission agreement, agent’s commission, etc., excluding: 1) an amount of funds / value of a property provided under the contract and returned to such a non-resident or the person authorized; 2) value of property (works, services), which has been purchased under the commission (power of attorney) and at the expense of such a non-resident for the funds received for the purpose of such a purchase (but on condition that the Diia City resident does not meet the conditions of a permanent establishment of the non-resident); 3) revenues from sale of property (except for equity rights and securities), works, services provided by the non-resident for sale (while provided that the Diia City resident does not meet the attributes of a permanent establishment of the non-resident); 4) the amounts paid by a non-resident on the purchase of securities or equity rights in Ukraine and returned to the non-resident as a result of their sale;
14. Royalties paid to a person who is not a resident of Diia City in the amount that exceeds: the amount of royalty income and + 4% of net revenue from the sale of property/work/services and net of royalty income for the previous year.

Exception: 1) the resident does not have financial statements for the previous year (in this case current year data are used for the calculation; 2) these rules do not apply to royalty amounts accrued to an individual, provided the personal income tax has been withheld (paid) from such an amount;

15. Royalties paid in favor of:

– non-residents registered in offshore zones;

– non-residents in respect of objects with the intellectual property rights that first arose for a resident of Ukraine;

– a non-resident who is not subject to taxation in respect of the royalties in his country of residency;

– a non-resident who is not a beneficial (actual) recipient of royalties, except for cases when the actual recipient has granted the right to receive royalties to other persons;

– joint investment institutions (unless the respective operations are carried out by a non-resident through a permanent establishment).

16. transfer of funds (property) as a founder’s/participant’s contribution to the charter capital to a legal entity, which is a non-resident of Diia City; as a contribution to a joint venture to a non-resident of Diia City, to a non-taxpayer or to a trust management of a person, who is not a resident of Diia City.
17. transfer of funds, property in regard to the acquisition of goods from a single taxpayer, during the tax year in an amount exceeding 20% of the amount of expenses from any activity as shown in the statement of comprehensive income for the previous tax period.

Tax rate

The basic rate is 9% of the taxation base.

However, if a resident of Diia City carries out a controlled transaction, the rate of 18% shall be applied to:

– the excess of the price determined on an Arm’s Length Principle over the negotiated value of the goods/works/services sold;

– the excess of the negotiated price over the price determined by the Arm’s Length Principle of the goods/works/services sold.

If a resident is a controlling person, the adjusted profit of the controlled foreign company is a separate object of taxation following Article 39-2 of the Tax Code of Ukraine.

Special rates of the Unified Social Tax, a Personal Income Tax, and a Military Tax

In addition to the special tax rating of Diia City residents’ capital, the special tax rates for the income of Diia City specialists are provided.

Thus, the rate of the personal income tax is 5%, and the unified social tax is charged not on the amount of remuneration of a specialist but based on the minimum wage (22%), the same as in the case of individual entrepreneurs-freelancers.

However, unlike the case with an individual entrepreneur, the Diia City resident shall also collect a military levy of 1.5% from the amount of the specialist’s remuneration.

Diia City tax regime is still new and unfamiliar; it will take time to get used to a different approach to determining the taxation base and the logic of tax charges. Accurate accounting shall be additionally encouraged by the duty of residents to undergo the audits. The first results will be announced in 2023.

• Registration of a public formation
• Activities of representative offices of foreign non-governmental organizations
• Legalization of foreign citizens – volunteers in Ukraine

 

Foreign citizens can legally participate in volunteering in Ukraine under certain conditions defined by Ukrainian law. This article explains how foreigners can volunteer, what legal framework regulates their activity, which organizations are open to foreign volunteers, and what residence or visa status they need to stay in Ukraine legally.

 

Foreign citizens have always actively helped Ukraine in various spheres and were widely involved in the Ukrainian volunteer movement, which has now become especially important due to the full-scale armed aggression of the Russian Federation against Ukraine. That is why it is important to consider the issue of organization of the activities of foreign volunteers in Ukraine and their legal integration into the Ukrainian volunteer movement.

Foreigners citizens can volunteer through non-profit organizations registered as legal entities  in Ukraine and included to the list on the website of National social service of Ukraine.

Therefore, the organization must meet the following criteria:

– Registered as a legal entity in Ukraine;

– Listed in the register of non-profit organizations;

– Included in the list of the National social service of Ukraine (here – NSSU).

Registration of a public formation in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations

The most common types of public formations that can be used for volunteering are non-governmental and charitable organizations. An NGO may act in the form of an organization or a union.

The formation of an NGO is carried out at the constituent meeting of its founders and is documented with the minutes of association. Within 60 days from the date of the meeting, the NGO must be registered according to the respective law. The minutes of association and charter do not require notarization.

For registration, you need to submit to the state registrar at the location of the public formation:

– Application;

– Minutes of association;

– Charter.

After the state registration of a legal entity, the registration application and copies of the constituent documents, certified by the signature of the head or representative of such organization, must be submitted to the State Tax Service for assignment of the non-profit status.

The application for registration of a legal entity as a non-profit may be submitted simultaneously to the state registrar as an annex to the application for state registration of the establishment of a legal entity.

The non-profit status

To define organization as non-profit, certain criteria must be met, namely:

• the constituent documents of such an organization must contain a prohibition on the distribution of income (profits) or part thereof among the founders (participants), members of such an organization, employees (except for remuneration of their labor, accrual of a single social contribution), members of governing bodies and other related persons;
• the constituent documents of the organization provide for the transfer of assets to one or more non-profit organizations of the corresponding type or inclusion in the budget revenue in case of termination of such a legal entity (as a result of its liquidation, merger, division, accession or transformation).

Adding into the list of the NSSU

Foreigners can carry out volunteer activities through those organizations and institutions that involve volunteers in their activities, information about which is available on the official website of the central executive body that implements the state policy in the field of volunteering. Such body in Ukraine is the NSSU.

Organizations that have the right to involve volunteers in their activities and information about which is published on the official website of the NSSU, have the right to invite foreigners and stateless persons to carry out volunteer activities in Ukraine. Such an invitation is necessary for a foreign citizen to obtain a long-term visa type D and consequently obtain a temporary residence permit.

Organizations and institutions that involve foreigners and stateless persons in volunteer activities have special responsibilities in the field of migration, namely:

• within 5 business days from the start of the volunteering activities of the specific foreigner, inform the NSSU in writing.
• within 5 business days from the date of the termination of such activities, inform the State Migration Service of Ukraine.

Activities of branches/representative offices of foreign non-governmental organizations

Volunteer activities can also be carried out through the branches, departments, representative offices and other structural units of foreign non-governmental organizations. State registration in Ukraine of a separate subdivision of a foreign non-governmental organization, representative office, branches of a foreign charitable organization is carried out through its accreditation without acquiring the status of a legal entity.

The documents specified by law are submitted for registration to the Ministry of justice of Ukraine. Documents issued by the foreign state must be legalized (consular legalization or apostille) and translated into Ukrainian with notarization.

Legalization of foreign citizens – volunteers in Ukraine

Foreigners and stateless persons who are legally residing in Ukraine and have legal capacity are allowed to become volunteers.

The law provides for the right of volunteers to proper conditions for volunteering, provision of special protective equipment, reimbursement of expenses related the implementation of volunteer activities, including the costs of obtaining a visa, travel, postal and telephone services, medical examination, vaccination and other medical and preventive measures directly related to the provision of volunteer assistance.

Foreign citizens who carry out volunteer activities can stay in Ukraine legally within the established terms of stay for states with visa-free entry regime/within the period specified by visa for states with visa entry, and under a temporary residence permit.

In order to obtain a temporary residence permit, a foreigner must obtain a long-term visa type D (D-10), which indicates the grounds for future stay – volunteering in Ukraine.

N.B. There is only a limited list of countries whose citizens do not need a D-visa to obtain the temporary residence permit in Ukraine.

The purpose of stay in Ukraine for the visa D-10 obtaining is:

• participation in international and regional volunteer programs or
• participation in the activities of volunteer organizations.

The participation of a volunteer organization in the process of legalization of a foreigner on the territory of Ukraine is required both at the stage of forming a package of documents for the visa obtaining, and at the stage of submitting documents for obtaining a temporary residence permit.

A temporary residence permit is issued for one year and could be extended if there are grounds for that.

Among the necessary documents for obtaining a temporary residence permit are the following standard documents:

• passport document with the visa type D-10;
• translation of the passport document, certified by a notary;
• health insurance policy for the entire period of stay in Ukraine;
• receipt of payment of the administrative fee;

and

• statement of the state body responsible for the implementation of the volunteer program or statement of the organization or institution that involves volunteers in its activities;
• original of the Extract from the Register of Legal Entities, Individual Entrepreneurs and Public Organizations

In case a volunteer carries out his/her activities in Ukraine by participating in the activities of branches, departments, representative offices or other structural units of foreign non-governmental organizations he must obtain a visa type D-07, and for the temporary residence permit application he must bring a set of standard documents, as well as a statement of the relevant structural unit of the foreign organization and a document on the registration of such a unit, for example, a certificate or extract from the State Register of Legal Entities, Individual Entrepreneurs and Public Organizations.

According to the law, entry to Ukraine, stay in Ukraine and transit through the territory of Ukraine of foreigners and stateless persons is subject to sufficient financial security. Therefore, in the application, the host party (an organization that involves volunteers in its activities, a structural unit of a foreign non-governmental organization) indicates its obligation to cover all expenses of the foreigner on the territory of Ukraine and provide financial support to the foreigner for his all the period of his stay in Ukraine.

Volunteering in Ukraine allows foreigners to contribute meaningfully to humanitarian, social, and reconstruction projects. However, it’s essential to comply with the legal requirements and partner with verified organizations to ensure both safety and legitimacy. Therefore, in order to carry out volunteer activities as a foreigner on the territory of Ukraine, it is necessary to find or register a volunteer public formation.

If you need to find or register a volunteer organization, contact us!

FAQ: Volunteering in Ukraine for Foreign Citizens

Can foreign citizens legally volunteer in Ukraine?

Yes. Foreign citizens can participate in volunteer activities in Ukraine under the Law of Ukraine “On Volunteering Activity.” They must cooperate with officially registered volunteer organizations and comply with the rules set by Ukrainian migration authorities.

 Do foreigners need a visa to volunteer in Ukraine?

Foreign citizens from visa-free countries can stay in Ukraine for up to 90 days within a 180-day period. For longer stays, volunteers need to obtain a D-10 visa and a temporary residence permit based on a volunteer program.

How can a foreigner find volunteer opportunities in Ukraine?

Foreigners can join international NGOs, Ukrainian volunteer foundations, humanitarian missions, or reconstruction projects. It’s best to contact officially registered organizations that can issue the required invitation letter for visa or residence purposes.

What types of volunteer work are available for foreigners in Ukraine?

Most common areas include humanitarian aid distribution, support for displaced persons, rebuilding infrastructure, logistics, and medical assistance. Many NGOs also accept foreign professionals for advisory or technical roles.

Is it safe for foreigners to volunteer in Ukraine?

Safety depends on the region and the type of work. Volunteers are advised to cooperate only with verified organizations, avoid high-risk zones, and follow official safety instructions and local curfews.

Can foreign volunteers receive financial support or accommodation?

Some organizations provide accommodation, meals, or transportation for volunteers, while others operate on a self-funded basis. It’s important to clarify these conditions before arrival.

Do volunteers need special registration or permits in Ukraine?

Yes, foreign volunteers must register their place of residence and ensure their volunteer organization is listed in the national register. For long-term volunteering, an official contract with the organization is mandatory.

Can volunteering in Ukraine lead to a residence permit?

Yes, a temporary residence permit can be issued for up to one year to foreigners participating in officially recognized volunteer programs. It can be extended if the program continues.

On October 21, 2022, the Cabinet of Ministers of Ukraine adopted the Resolution “Some Issues of Implementation of Legislative Acts in the Field of Migration in time of Martial Law”. The Resolution provides an opportunity for foreigners to legally stay and enter the territory of Ukraine having temporary or permanent residence permits, which have expired or needed to have been exchanged during the martial law period.

The right to legally stay in Ukraine and enter it under the expired documents or the documents which have had to be exchanged after February 24, 2022 retains for the period of martial law and within 30 calendar days from the date of its termination or cancellation.

This rule does not apply exclusively to citizens of the Russian Federation.

The Government has established an obligation for foreigners subject to the Resolution, within 30 calendar days from the date of termination or cancellation of martial law, to submit documents for the exchange of temporary or permanent residence permits, which expired or were subject to exchange after February 24, 2022.

In our opinion, it also provides the opportunity to exchange the expired temporary or permanent residence permit during the war.

A similar rule was in effect for some time during the first months of the quarantine, but then it was canceled without a transition period for legalization, and everyone, who had an expired residence permit, ended up in the status of an illegal migrant. Therefore, according to our practice, we still advise you to exchange residence permits in time.

The Ministry of Finance of Ukraine has finally adopted the forms for the ownership structure. This means that starting from July 11, 2021, the documents on the UBO (Ultimate Beneficial Owner) and legal ownership structure will have to be submitted when registering a new business entity.

Starting from July 11, 2021, a 3-month period (basically for directors/managers of existing legal entities registered prior to April 28, 2020) for submitting the first ownership structure reports starts.

What Documents Are Required?

For individuals –founders (who are the UBO): certified copies of passports are required (where such persons are not citizens of Ukraine, the respective personal document with a translation is required).

For legal entities – founders: a certified extract from the business registry shall be submitted.
In the case of a chain of owners, official documents confirming the structure and the grounds for exercising control (influence) are also required.

Direct and Indirect Control

When a legal entity is established directly by an individual, and the individual owns 25% or more shares, there occurs direct control over the legal entity. In this case, it is easy to track the connection.

When it comes to the cases where the UBO is identified through a number of other legal entities, it is necessary to provide the documents that can prove that such UBO has de jure and de facto control over each legal entity in the chain.

First Steps

Within the period from July 11 – October 11, 2021, all legal entities are required to submit the documents to confirm/update their current ownership structure.

Directors/managers of legal entities will also need to provide the respective official documents. For individuals in the ownership structure: a copy of their passport, certified by a notary is required. For foreign nationals, a translation shall be provided as well.

For legal entities: extracts from business registries, other official documents proving ownership are required (documents issued abroad should be apostilled or legalized by a consulate, depending on international requirements).

When to Update?

Starting from January 01, 2022, heads of legal entities will be obliged to keep the information about the UBO and the ownership structure updated. The obligation consists of 2 parts:

1) annual reporting (within 14 days of the registration date) AND

2) in case of any changes to the structures or information about the UBO, the head of the legal entity will have 30 business days to update the information in the State Register of Legal Entities of Ukraine.

Liability

The Code of Ukraine on administrative offences provides for a fine (UAH 17,000 – 21,000) in case of failure to submit or untimely filing the information about the UBO/ownership structure. This fine is imposed on the heads of legal entities in Ukraine.

Obtaining A Tax ID in Ukraine

UBO & legal ownership structure

Digital Transformation of Residence Registration

Legislator to Strengthen the Liability for Traffic Violators

How to Draw Up An Invitation for a Visa?

2021 Migration Quotas

If you still have questions about applying for a Ukrainian visa, please contact: kz@expatpro.co

See also:

Obtaining A Tax ID in Ukraine

Apartment purchase in the primary market

In the previous article, we have considered in detail how to purchase an apartment in the secondary market. You could easily check it here.

In this article, we will focus on purchasing an apartment in a new building.

The stages of apartment purchase are as follows:

♦  Verification of all the available information and documents on the apartment or ‘due diligence’.

♦  Choosing the way of investment and signing the agreement.

♦  Registration of the ownership rights.

Stage 1: Due Diligence

Prior to signing an apartment sale and purchase agreement, it is advisable to carry out the due diligence procedure of this apartment. There is no obligation to do so, but we always analyze any potential risks relating to the deal in order to be sure whether it is reliable for our clients to contribute funds in purchasing such an apartment.

If you want to be sure that the potential investment object is trustworthy and your money is not to be wasted, the due diligence procedure is a must.

What exactly should be checked? 

1) information on real estate developer (general contractor)

The history of the works, reputation, other projects, the real estate developer members, whether it has any debts to the state or other persons, including tax debts, whether there are no arrests and other encumbrances, whether it is not bankrupt or engaged in other court proceedings.

For this purpose, it is necessary to monitor the State Register of Legal Entities, the Register of Enforcement Proceedings, Unified Register of Debtors, the registers of the State Fiscal Service of Ukraine, Unified State Register of Court Decisions, other registers and databases.

It is also important to check the Unified State Register of Court Decisions on the information concerning the object of construction and the land plot, whether the buyers have sued the developer for breach of the obligations.

2) the legal regime of the land plot, on which the house is built or under construction

It should be borne in mind that the land plot on which construction takes place should be allocated for the specified purposes (see the Public Cadastral Map of Ukraine) – the construction and maintenance of a multi-apartment residential building, and the appropriate purposes should be indicated in the town planning documentation. Otherwise, a permit for the construction of such a house may be appealed to the court, leading to years of litigation and construction may not be completed.

You should verify whether the land plot is in the ownership or temporary used, who the owner or leaseholder is (check the respective lease agreement, certificate of land ownership, superficies agreement, etc.) If the land plot is not in the ownership, the lease term should not be less than the approximate term of the house completion and occupancy permit. The developer or constructor shall be indicated as the owner or tenant.

The relevant documentation regarding the specifics of the land plot itself (documents for changing the intended use of the land plot (if any available), technical documentation for setting the boundaries of the land plot, its division and/or consolidation, etc.) should also be checked.

3) permission documentation

You should verify whether the developer has any urban conditions and restrictions (for buildings located in Kyiv, such is checked with the Urban Cadastre of Kyiv). It is a crucial point since the city conditions and restrictions specify the number of floors in the building, the distance from the building to other elements, etc.)

There occurred a precedent in Kyiv recently when a developer was obliged to demolish several floors of the building to comply with the urban conditions and restrictions and obtain all the necessary documents to legally complete construction.

The next point of verification – whether there is a permit to perform construction work (NB! The declaration of the commencement of construction work is not a permit); the contractor’s license for construction; the project documentation; the document confirming the mandatory examination of construction projects: the liability classes (consequences) of the objects of the type CC2 (average consequences – houses up to 100 m high, from 20 to 300 permanent residents) and the type CC3 (significant consequences – from 100 m high and 300 permanent residents). The agencies approved by the government for conducting the mandatory examination of the construction projects can be checked here.

Other permitting documents include permits for special types of work, an order for a building address assignment to a new construction object, approval of construction conditions by the general contractor, the permission of specialized departments when the construction is executed in historic and architectural zones, exclusion zones, etc.

Often enough, a developer may downgrade the liability classes (consequences) such as indicating CC1 class (private house construction) instead of CC2 (construction of an apartment building up to 100 m high) for their own purposes, e.g. to avoid obtaining the costly license mandatory for CC2 and CC3 objects. However, this may result in an inability to legally commission the property and register the title.

Said another way, the higher the consequences class, the more difficult it is to bring both the legal and project aspects of the facility construction in compliance with the requirements of the legislation.

Hence, when selecting the object type CC2, and especially CC3, all the documents shall be checked as carefully as possible.

Depending on the status of the facility, you should also verify:

♦  An agreement on urban utility services communication, with heat, water, and energy supply included. The supporting documents may include contracts for public utility services;

♦  Certificate on completion of construction;

♦  A technical passport for an apartment;

♦  Certificate on facility commissioning;

♦  Certificate (an order of the district administration) on the postal address assignment;

♦  An agreement with the city council on payments of the share contribution to the city infrastructure (NB! Without payments under such an agreement the building may fail to receive the postal address, which will lead to the failure of the investor’s title registration).

Construction permits, construction completion certificates and commissioning certificates shall be verified with the State Architectural and Construction Inspection Register of permitting documents.

Besides, it is advisable to check whether there exists an increased public interest and attention to the facility (public disputes, rallies, and mass protests, etc.) and whether the developers and constructors are involved in some illegal schemes of money laundering or political scandals.

You can also check the desired developer in reliability ratings published by media resources.

The due diligence procedure is rather complicated, but at the same time, it is a substantial step for apartment purchase in Ukraine. Without it, one cannot be 100% sure that there will be no problems with the purchased apartment.

Stage 2: Ways of Investment and Signing the Agreement

The legislation provides 4 ways for developers to receive funds from individuals for the construction of facilities – investing in construction financing funds, issue of target bonds, participation in collective investment institutions, and in real estate transaction funds. Developers also widely use other methods of accumulating funds for construction (presale contracts, sale and purchase agreement of property rights), which are not expressly prohibited by law but are absent in specific regulations, and are governed by general terms of civil legislation.

Every way of investment has its pros and cons. The main disadvantage of all the ways is that nobody can guarantee that the building will be commissioned on time or that the developer will not go bankrupt. To minimize these risks, checking every single thing on the stage of due diligence is the best option for the investor.

The first investment option is about entering into an agreement with the construction financing fund. The manager of the fund is a bank or other licensed financial institution that has an agreement with the constructor, which undertakes to build one or more construction projects and commission them as required by law and transfer to the fund. The fund is obliged to finance the construction according to the agreement.

The fund receives money for construction from potential investors who intend to buy an apartment. After concluding the agreement with the fund and paying the price of the property under the terms of agreement (which may be partially paid), the investor receives the certificate of participation in the construction financing fund (it shall indicate in details all the features of the apartment – area, floor, number, etc.) After the building has been commissioned, an investor has to sign the apartment acceptance/transfer certificate or refuse from signing and hold a demand against the developer on the elimination of construction defects. After signing, the investor receives another certificate, under which the ownership right is registered.

The main advantage for the investor is that the use of money by the developer is monitored and controlled. In the event of non-fulfillment of the obligations, the fund may even change the developer. However, there may be cases when developers are closely linked to and influenced by the funds in a way that funds do not even aim to control the progress of construction and track the use of money for its intended purpose. This can lead to long-term construction.

The second option is to invest in target bonds. The lot of such bonds corresponds to the area of one apartment. The target bond indicates only its series, number, the number of square meters and does not specify an apartment itself (with a description of its exact location). Therefore, it is necessary not only to purchase a lot of target bonds but to conclude with the developer the ‘booking’ agreement regarding a particular apartment where area equals the number of square meters indicated in the bond.

Once construction is finished the developer repurchases the bonds and the investor receives the apartment. The bonds are issued under the control of the National Securities and Stock Market Commission (NSSMC).

Participation in collective investment institutions is similar to a construction financing fund with the only difference being that the bank (in construction financing fund) as a third party between an investor and developer is replaced by an asset management company (in collective investment institutions).

The potential investor concludes a forward contract with the asset management company. Such a contract is registered on the stock exchange. Under this agreement, the investor acquires property rights to the apartment, pays the asset management company, and undertakes to pay the established price to the constructor after the building is commissioned. The forward contract shall include such important features as the payment deadline, the terms of construction completion, commissioning date, apartment number, floor, area, etc. After the building is commissioned, the contractor and investor conclude the main agreement under which the apartment is being transferred to the investor based on the existing property rights.

Funds of real estate transactions are not common in Ukraine, though they are considered a legitimate form of investment.

Presale contracts and agreements on the sale and purchase of property rights (title deeds) are a bit risky forms of investment. They allow the developer to sell the same apartment twice and more since such agreements are not registered anywhere and may have standard and vague terms that do not specify the apartment that is purchased at the time of the start of construction.

The investor should remember that the standard contract is always in favor of the developer. Therefore, it is always a good idea to consult a lawyer about the terms of the particular agreement proposed by the developer.

At the stage of construction, you do not acquire any ownership rights or receive any title deeds by concluding any of the above contracts. For these reasons, it is crucial to study every document regarding the constructor and developer, and carefully read all the terms of the proposed agreement before signing. Otherwise, you risk wasting your investment or being engaged in long-term litigation, or waiting for decades for the building to be finally constructed or commissioned.

Stage 3: Registration of Ownership

Once the title has been registered, the investor becomes the rightful owner of the apartment. The registration can be done through the Administrative Services Center.

Before the registration, you will also have to obtain a technical passport for the apartment. You should also request the developer to provide you with certified copies of the document confirming that the building has been commissioned and assigned an address.

The package of the documents required for registration depends on the way of investment you have chosen (e.g., in case of investing in target bonds, you have to submit the target bonds purchase agreement and the ‘booking’ agreement).

EXPATPRO has extensive experience in real estate deals in both the primary and secondary real estate markets and is always ready to advise you on all and any issues you have concerning apartment purchase at any stage from choosing a reliable property to signing the agreement and registering ownership rights.

EXPATPRO has considerable experience in real estate support activities and advising both on the secondary and primary real estate market of Ukraine, as well as in the successful completion of the real estate deals.

You are welcome to read our next article on purchasing an apartment in a new building here.

Read Part I of the article at our Facebook page

Read the first part of the article on Exaptpro

Now, there are mandatory qualification requirements and additional ones. The quotas were also redistributed:

• Manager of information security system – 100 applicants;

• Specialist in information security organization (that includes now Specialists in organization of protection of the restricted data, Professionals in information security organization and Professionals in organization of protection of the restricted data) – 300 applicants;

• Software engineers (Senior software engineers, Design Engineer (in electronics), Software Engineer) – 3000 applicants;

• Analysts (consolidated data analysts, analysts in computer systems, analysts of computer communications, Analysts of operation and application software) – 200 applicants;

• Chief Technical Officer – 500 applicants;

• Professionals in computer technologies – 800 applicants;

• Information and Software Operators – 100 applicants.

Managers of information security system and quality systems must have not less than 3 years of experience in the respective field.

Additional requirements:

University/college diploma, proven income received for the work as manager of information system/ manager of the quality systems, proven income received in the preceding calendar year not less than 24,000 USD, CISSP, CISA, CISM, ITIL Master, CompTIA Security + certificates.
Chief Technical Officer must have at least 3 year of experience at the respective position.

Additional requirements are:

University/college diploma in technical sciences, proven income received in the preceding calendar year not less than 24,000 USD, MIT certificate.

Specialist in information security organization must have at least 3 year of experience at the respective position.Diploma in technical sciences, proven income received in the preceding calendar year not less than 24,000 USD, CISSP, CISA, CISM, ITIL. Master certificates are additional requirements to the candidate.
Software engineers must have at least 3 years of experience. In addition, diploma in technical sciences can be presented, proven income received in the preceding calendar year not less than 24,000 USD, MIT certificate.
Computer system engineers, design engineers (in electronics) must have at least 3 year of experience at the respective position; additional requirements are diploma in ‘Computer engineering’, ‘Cybernetics’, ‘Mathematics’, ‘Applied Mathematics’, ‘Informatics’, proven income received in the preceding calendar year not less than 24,000 USD, MIT certificate.
Professionals in computer technologies also must have at least 3 year of experience. The same is applicable to Information and Software Operators. Additional requirements for both categories is proven income received in the preceding calendar year not less than 24,000 USD.

Read the second part of the article.

The crisis in Belarus has created an inquiry for the option to relocate the IT business to safer jurisdictions.
One of the options that Ukraine may offer is the obtainment of the permanent residence permits. This year the Cabinet of Ministers of Ukraine approved the quota for IT specialists in Ukraine – 5000 permits should be issued in 2020.

This number of immigration permits is allocated to the following Ukrainian regions/cities:

– Dnipropetrovsk region – 600 permits;
– Lviv region – 600 permits;
– Odesa region – 600 permits;
– Kharkiv region – 700 permits;
– Kyiv – 2500 permits.

However, there are limits to the number of positions available in the IT sector the applicant can hold, and the requirements to them.
Please take a note to the following limits:

– Information Security System Manager – 100 applicants;
– Information Security Specialist – 100 applicants;
– Restricted Data Protection Officer – 100 applicants;
– Information Security Professional – 100 applicants;
– Restricted Data Protection Professional – 100 applicants;
– Senior Software Engineer – 500 applicants;
– Consolidated Data Analyst – 500 applicants;
– Chief Technical Officer – 500 applicants;
– Design Engineer (in Electronics) – 1000 applicants;
– Software Engineer – 2000 applicants.

The requirements for the documents to prove the qualification, please check here.

The immigration clearance process for IT specialists consists of the following stages:

1) submission of the application file with the respective documents to the State Migration Service of Ukraine or filing the documents through a consulate or embassy of Ukraine (in the second case, they are obliged to send the documents to the State Migration Service of Ukraine within 1 month). The decisive authority has 1 month to check whether the papers comply with a procedure and whether the file is complete. As a result, the applicant either gets a refusal or the decisive authority sends the requests to other state bodies for verification;
2) The Security Service of Ukraine, Ministry of Internal Affairs, National Police, State Border Service of Ukraine, Ministry for Development of Economy, Trade and Agriculture of Ukraine shall, within 30 days, provide the State Migration Service of Ukraine on whether they support the application upon the request of the State Migration Service of Ukraine. The aforementioned authorities may extend the response period for another 30 days.
3) Upon receival of the replies from the other state authorities, the State Migration Service of Ukraine analyses the information provided and takes a decision within 1 month.

Thus, the whole process will take at least 3 months, and, during this period, the applicant should take care of other grounds for a legal stay within the territory of Ukraine, if necessary.
The stages are clear in general, but the devil is in the details.
The main problem expected to be faced by job seekers and the decision-making authority is how the work experience shall be confirmed properly: the references from employers, customers. Since the practice is deplorable in such a process, all the documents are accepted. But the more, the better.
The second tricky moment is related to legal issues and the competence of the authorities. According to the Law of Ukraine ‘On Immigration’, the qualification requirements for the categories of professionals and specialists limited by quota, should be approved by the Ministry, which is responsible for the employment policy, which is the Ministry of Social Policy. At the moment, we have the List of specialties and requirements to the specialists and employees approved by the Ministry for Development of Economy, Trade and Agriculture of Ukraine.
Obtainment of an immigration permit gives the right to get a permanent residence permit in Ukraine with no validity limit.
Check if this option can be used by you, or find out info on other options.

Before paying a visit to Ukraine, foreigners have to obtain an entry visa. However, Ukrainian legislation provides visa-free entry for the citizens of countries that ratified the Visa Waiver Treaties with Ukraine (more).

In some cases, foreigners who entered Ukraine on the grounds of Visa Waiver Treaties have to leave the country to get a visa of a special type.

Entry visas to Ukraine are issued by the Consulates of Ukraine located abroad. Since 2019, citizens of some countries can get an E-visa before a trip to Ukraine, which is valid for up to 30 days and single entry only. If you are a citizen of a country on the list, you can get an E-visa through the online application system, please check for more details here.

Ukrainian visas are issued within the following 3 types:

● Transit (B type) visa;
● Short-term (C type) visa;
● Long-term (D type) visa.

More about visa types:

Short-term (C type) visas. C type visas are issued in cases where a foreigner intends to stay in Ukraine for up to 90 days within 180 days starting from the first entry to Ukraine. C type visas are issued as a one-entry, two entries or multiple entries.
C type visas are the most commonly issued visas to Ukraine for the following purposes: tourism, business travel or private visits.
Nowadays, C type visas are not issued to the citizens of the countries participating in the Visa Waiver Treaties.

Long-term (D type) visas. D type visas are issued as multiple entry visas valid for 90 days. There are limited grounds for long-term visa, and it is required for the foreigners who plan to get residency in Ukraine. Visa D is obtained by foreigners intending to apply for a temporary residence permit due to work, family reunification, studying in Ukraine or other reasons. More about D type visa here.

Transit (B type) visas. B type visas are issued in cases where Ukraine is not the country of the traveler’s final destination and passengers/cargo are to transit through Ukraine by car/coach. Each transit period should not exceed 5 days. B type visas are issued as a one-entry/two entries/multiple entries visas.

Documents required for visa to Ukraine

To get a visa to Ukraine a foreigner must provide Ukrainian consulate with the following documents:

1) Passport, valid for at least 3 months after the intended date of departure from Ukraine;
2) Visa application form;
3) Medical insurance valid in Ukraine, with at least 30,000 Euro coverage;
4) Proof of sufficient funds to cover the costs of stay (e.g. bank statement or ATM receipts);
5) One photo 35 х 45 mm;
6) Paid visa fee receipt;
7) Document confirming the purpose of the trip to Ukraine.

For instance, for getting a Short-term (C type) visa, an applicant has to submit an invitation letter, a document confirming the tourist purpose of the stay.

For a Long-term (D type) visa, an applicant should submit a work permit, an immigration permit, an invitation from a university, an invitation from an international NGO, a document proving family ties (for family reunification), confirming the purpose of the trip. More about D type visa here.

Visa fee

The visa fee depends on 1) citizenship; 2) age of the applicant.

Citizenship criteria: the basic visa fee for processing visa applications via regular service is $65.00. Fees are doubled for all applications filed upon expedited service, which means $130 for urgent case consideration. Visa fees for certain visa types for applicants from some countries might differ from the basic visa fee above, due to the reciprocity principle.

Age criteria: visas for minors are issued free of charge.

A foreigner may apply for a visa irrespective of the previous duration of stay in Ukraine: even if there was an overstay, a visa can be issued. Please note, if the fine was imposed for the breach of the law, it shall be paid prior to the visa application submission. However, the visa is not issued to the individuals banned from entering.

Visa processing time

Up to 10 working days from the day of application within regular service, unless the additional check is necessary.
Up to 5 working days from the day of application within expedited service.

2. Applying for D type visa in the consulate of Ukraine abroad based on working in the foreign legal entity representative office in Ukraine. More info about this type of visas here.

3. Submitting required documents to the Migration Service office in Ukraine for a temporary residence permit. Read more about the temporary residency by this link.

You may also be interested in the article – USPS Fingerprinting.

However, there are situations when the return of the child may be difficult or even impossible. For example, if more than a year has passed since the removal, and the child has adjusted to a new society, or if the child objects to return, and has reached the age when his/her opinion must be taken into consideration.

The Ukrainian legislation is being amended extremely fast these days. Parliament is providing the business with the instruments to get ready for the quarantine, that was approved last night by the Cabinet of Ministers of Ukraine.

How this affects business:

For the period from March 18 – April 03, 2020
– railway, air and bus intercity and interregional passenger transport services are suspended (except for the possibility to travel by private transport only);
– the public overland transport continues to operate – transportation is allowed for 10 passengers max simultaneously;
– the operation of the subway is suspended in Kyiv, Dnipro, and Kharkiv.

City malls, cafes, restaurants, beauty salons, fitness centers shall remain closed for the period from March 17 – April 03, 2020. Food delivery is allowed.

As these measures are harsh, especially for small business, the Parliament has passed the following changes to the legislation:
• Such quarantine is considered a force majeure event;
• Employees are allowed to be put on unpaid leave; place of work and the working hours can be changed, with the option to work remotely (distance work);
• All the deadlines for submission of declarations have been changed (annual declaration can be submitted till July 01, 2020), cash register installation has been postponed (from October 01, 2020, to January 01, 2021, for those who sell technically sophisticated production and medicines, or whose income exceeds 1 mln. UAH) and extended through April 01, 2021, for other business entities (if they accept cash, bank cards).
• Persons, who fail to comply with the new regulation can be fined (17000 – 34000 UAH), plus criminal liability may be applied;
• PEs are relieved from the duty to pay the social tax (for March and April);
• No fine is applied in case the entity fails to pay in full or in time the social tax in March and April;
• No inspections by the state authorities, that were not preliminarily scheduled till May 31, 2020 (except for the pricing policy inspection, sanitary control).

For more details and how the new rules will affect your business, please contact our business administration team.

Under the Ukrainian legislation, the visa-free entry regime, or non-visa regime, implies that nationals of the list below do not have to obtain a visa to enter Ukraine.

Citizens of the countries below are allowed to stay on the territory of Ukraine without a visa for up to 90 days within 180 days term. If the trip is planned for more than 90 days, the foreigner shall get a long-term D-type visa.

Visa-free regime applies to citizens of the following countries:

Albania
Andorra
Antigua and Barbuda
Argentina
Austria
Belgium
Bosnia and Herzegovina*
Brazil
Brunei Darussalam*
Bulgaria
Canada
Chile
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
The Holy See
Hong Kong (China)*
Hungary
Iceland
Ireland
Israel
Italy
Japan
Kazakhstan
Kyrgyzstan
Latvia
Lichtenstein
Lithuania
Luxemburg
Macedonia
Malta
Monaco
Montenegro
Netherlands
Norway
Panama
Paraguay
Poland
Portugal
Qatar
Republic of Korea
Romania
Saint Kitts and Nevis
San Marino
Serbia*
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkey
UAE
UK
Uruguay
USA

* Please note some countries have specifics, e.g. for citizens of Bosnia and Herzegovina, Serbia visa-free stay on the territory of Ukraine is allowed for up to 30 days during 60 days term; for citizens of Brunei Darussalam – up to 30 days; for citizens of Hong Kong – up to 14 days.

Pursuant to the Ukrainian visa regulations, citizens of a number of countries may stay in Ukraine for not more than 90 days within 180 days term and are exempt from the obligation to obtain any visa type to enter Ukraine (business visa or spouse visa for further residency). 8 countries fall under this rule: Armenia, Azerbaijan, Belarus, Georgia, Moldova, Mongolia (only for service, tourist, private trips), Russian Federation, Uzbekistan.

Ukrainian visa rules also allow citizens – holders of diplomatic or service passports from different countries to enter Ukraine without obtaining a visa.

See also:

• Non-visa stay in Ukraine. 90 days rule.
• How to get a visa to Ukraine
• How to get D type Visa in Ukraine?
• How to extend visa in Ukraine?
• How to get E-Visa to Ukraine?

Usually, foreigners from the EU, USA, UK, Canada, South Korea, Turkey and some other countries have the right to stay legally in Ukraine without any visa (90 calendar days during 180 day-term). To find out more about visa-free countries please follow this link. Citizens of other countries who intend to stay temporarily in Ukraine need a visa. The list of countries, whose citizens need to obtain a visa to enter Ukraine, please see here.

The procedure of calculating the 90-day visa-free stay in Ukraine follows the relevant rules. You can get more information about it here.

So, how to extend your stay in Ukraine for more than 90 days?

The answer is simple – to obtain a temporary residence permit in Ukraine.

The temporary residence permit is an official document that gives the right to stay in Ukraine legally, as well as to leave the territory of Ukraine and return to Ukraine for an unlimited number of times during its validity, with the right to extend it. The validity of a temporary residence permit varies – from several months to several years. For example, 3-year valid permits are issued in case of work or a long-lasting international project, etc.

Current Ukrainian legislation provides the following list of reasons for a temporary residence permit:

♦  official employment;

♦  participation in international technical support projects (such projects must be registered);

♦  religious activity based on the invitation from a religious organization (officially registered, with а permission to involve foreigners);

♦  participation in activities of representative offices and other structural units of foreign non-governmental organizations;

♦  work in representative offices of foreign business entities or representative offices / branches of foreign banks;

♦  international cultural, educational or scientific activities under international contracts of Ukraine or specific programs, participation in international or regional volunteer programs, as well as participation in work of Ukrainian volunteer organizations (a special list of such organizations is approved by the government);

♦  study in Ukraine (not intended but already arranged);

♦  work as a correspondent or a representative of foreign media;

♦  investing at least 100 thousand euros in business in Ukraine;

♦  marriage with a citizen of Ukraine;

♦  family reunification with citizens of Ukraine or persons legally residing on the territory of Ukraine (holders of a temporary or permanent residence permit).

Before applying for a temporary residence permit, the applicant (if not a citizen of a visa-free country) will have to get a D-type visa (read more about visas to Ukraine).

A Temporary Residence Permit Due to Employment in Ukraine

The most common and transparent way is official employment in Ukraine. Any foreigner has a right to be employed in Ukraine if they obtain a work permit in accordance with the legislation of Ukraine. After receiving  a work permit, a foreign citizen is eligible to apply for a temporary residence permit in Ukraine. The permit is issued for a term of validity of the work permit of a foreigner (and it can be up to three years).

Being an Employee versus Registering One’s Own Business

Using employment at a company as a means of legalizing the stay in Ukraine does have certain risks. The foreigner is dependent on the employer and can lose the residency right in case of dismissal from the position. The employment as the ground to legalize the stay in Ukraine is much easier and safer for those foreigners, who register their own business in Ukraine and hold a position of the director or a deputy director of their own company. By using this method, potential investors and foreigners who intend to run a business in Ukraine (no matter how big or small) won’t have any problems maintaining a temporary residence in Ukraine for as long as they need.

Family Reunification and Marriage

Family reunification is another reason for a temporary residence permit. This can include reunification with parents, a spouse who is Ukrainian and those persons who have already obtained permission to stay legally in Ukraine. For instance, if a foreigner has started a business in Ukraine, received a work permit and a temporary residence permit, then his/her family may join him and acquire legal status in Ukraine without a need to obtain a work permit or some other legal grounds for staying in Ukraine.

For residence permits based on family reunification, applicants need to apply for a D-type visa and afterward – for a temporary residency. That is how family reunification works. It is much easier to obtain residency if you have some family ties in Ukraine, for example, marriage to a Ukrainian, having a child who is a citizen of Ukraine or having relatives who are (were) Ukrainians or were born on the territory of Ukraine. The existence of family connections must be verified (through marriage certificate, birth certificate, etc.). If such documents are obtained abroad, please pay attention to the rules of legalization and apostillation of the documents issued in a foreign country for their further legal use in Ukraine. A temporary residence permit for family reunification is issued for a period of 1 year with the right to extend it.

When the marriage with a citizen of Ukraine lasts for more than 2 years, a foreigner has the right to obtain a permanent residence permit in Ukraine.

Education in Ukraine – an Opportunity for Getting a Temporary Residence Permit

A temporary residence permit can be issued to foreigners, who come to Ukraine for study at Ukrainian universities and colleges. The list of accredited Ukrainian universities and colleges is available on the website of the Ministry of Education and Science of Ukraine.

A foreigner, who intends to study in Ukraine and get a temporary residence permit based on studying, has to receive an invitation from the Ukrainian university registered with the Ministry of Education and Science of Ukraine.

It is also important to check whether all the documents for studying comply with the rules of legalization and the apostilling for their future use in Ukraine.

Based on the invitation for studying in Ukraine, a foreigner gets a D-type visa at the Consulate of Ukraine located abroad. Afterward, all the necessary documents must be filed with the State Migration Service of Ukraine for temporary residence permit issuing.

Submitted documents shall confirm the fact of studying in Ukraine (duly certified copies of the university admission order with studying term details of such foreign student) and the university’s obligement to inform the State Migration Service of Ukraine in the event of student’s expulsion.

Temporary residence permit validity depends on the study term of such foreign student in Ukraine. Usually, this kind of a temporary residence permit is valid for up to 1 year, and after the expiration date, it can be prolonged (or exchanged) based on a new document confirming the fact of studying in Ukraine. There is no need to get a new D-type visa if the legal deadline for prolongation (or exchanging) of the temporary residence permit is met.

Documents for temporary residence permit exchange have to be filed at the latest 15 working days before the end of the studying term, specified in the university’s admission order of the foreign student.

Temporary Residence Permit for Overseas Journalists

Foreigners, working as journalists at the foreign mass media outlets can obtain a temporary residence permit, if they arrive in Ukraine for work, and have the letter from their employer – foreign mass media outlets.

The procedure of the issue of the temporary residence permit for the overseas journalist includes the following steps:

1.  Obtaining a D-type visa based on the letter from the foreign mass media.

2.  Filing a request to the Ministry of Information Policy of Ukraine with letter from the foreign mass media regarding the application to the State Migration Service of Ukraine for a temporary residence permit.

Please note the specific requirements for the foreign mass media request filed to the Ministry of Information Policy of Ukraine for receiving the application to the State Migration Service of Ukraine.

3.  Submitting the documents to the State Migration Service of Ukraine, including the foreign mass media request on the issue of the temporary residence permit.

Usually, a temporary residence permit for the overseas journalist is valid for up to 1 year with the right to prolong it.

Temporary Residence Permit for Overseas Sportsmen and Cultural Workers

Ukrainian legislation also allows foreigners to get a temporary residence permit due to cultural, scientific, and educational activities. When foreigners arrive in Ukraine, they need to obtain the petition (application) from the corresponding state authority. Such activity (cultural, scientific, educational, etc.) has to be specified in international treaties between the Government of Ukraine and the government of such foreign country of citizenship or has to be foreseen at the specific state programs.

As an example, the Ministry of Youth Affairs and Sports can invite a foreigner for professional sports activities in Ukraine, or a foreign cultural worker can arrive in Ukraine upon the invitation of the Ministry of Culture of Ukraine and then obtain a temporary residence permit on this ground.

Moreover, foreign volunteers have the possibility of getting a temporary residence permit in Ukraine for volunteer programs, but only if they have the corresponding invitation from a volunteer organization, registered by the Ministry of Social Politics of Ukraine. Temporary residence permit issued for overseas volunteers, sportsmen, scientific and cultural workers is valid for up to 1 year.

To sum up, obtaining a temporary residence permit in Ukraine grants foreigners rights to stay within the territory of Ukraine, leave and enter the country whenever needed, work, study, and receive state services within the validity term of their temporary residence permit. However, foreign citizens, willing to get legal status in Ukraine, need to remember that any breach of Ukrainian laws related to the foreigner’s legal status (including overstaying in the country, providing the forged documents, or false information) may result in forced expulsion from Ukraine and a ban on re-entering.

Read about legalization of foreign volunteers in Ukraine.

Nowadays, Ukrainians enjoy a visa-free regime for traveling to the EU, which has become a prominent event for the Ukrainian society a while ago. From the other side, Ukraine grants a right to the nationals of the European Union member countries and many other countries for visa-free entry. (Please check the list of visa-free states here). At the same time, oftener stories and more questions occur related to troubles of foreigners violating the laws of Ukraine in the sphere of border crossing, due to misinformation. Let us make a sense of it.

Ukrainian guests are getting concerned that they will be banned from entering Ukraine because of the so-called ‘overstay’. These difficulties are related to the requirements of the EU, the Security Service of Ukraine in order to guarantee that the foreigner stays in Ukraine legally and is not dangerous neither to Ukraine nor to its EU-partners. Therefore, more foreigners are being denied entry or even banned to enter Ukraine. The establishment of entry regulations for Russian nationals is a vivid example of the Ukrainian government seeking to tighten control over the Ukrainian border.

1. What is an overstay and how it occurs? And how to calculate 90 days of stay in Ukraine?

According to Ukrainian legislation, the citizens of many countries have a right to stay in the territory of Ukraine without obtaining a visa for 90 days within the 180-days term. How is it calculated?
1. The specific date of control must be chosen. For example, it may be the date of planned entry to or departure from Ukraine (when the journey happened).
2. Starting from this date, one has to count down 180 days (back). Only within this period, the foreigner may legally stay in Ukraine for 90 days without obtaining a visa.
3. Next is to check 90 “visa-free” days within this 180 days. The foreigner has to count the days of stay by the stamps of entry and departure from Ukraine indicated in the passport documents.
If the foreigner counts more than 90 days of stay within the 180-days term, it means that the law has been violated and the ‘overstay’ occurred.
You can easily check your days of stay here using the migration calculator. Please refer: https://dmsu.gov.ua/en-home/e-services/duration-of-stay-calculation.html

2. What happens if the foreigner has overstayed?

This information is easily checked at the border control. Please take note, nowadays the border control system allows combining information on foreigners using two passports of the same country.

According to article 203 of the Code of Administrative Offences of Ukraine, the foreigner will be fined for 1700-5100 UAH.
The overstay is not covered by the fine, therefore, the foreigner will have to wait 90 days before re-entering Ukraine. Moreover, a foreigner may also be banned from entering Ukraine.

3. How to stay in Ukraine for more than 90 days?

As per Ukrainian legislation, there are several ways to stay in Ukraine for more than 90 days for non-Ukrainian citizens:
1) get a temporary residency;
2) get a permanent residency;
3) extend a stay in Ukraine up to 180 days.
More about residency in Ukraine

Using one of the given ways a foreigner may enter and leave Ukraine legally (for some period or constantly) with no limitations. For those, who consider obtaining one of the aforementioned statuses without breaching border rules before applying, it is also worth noting that you will have to cross the border before getting one of them.

4. What to expect in the future?

The border crossing regime is not getting easier. We expect new rules to be introduced for Russian citizens visiting Ukraine. More foreigners are currently seeking legal status in Ukraine due to the political situation in the neighboring countries. The situation in the East of Ukraine though makes the issue more complicated, as well as the requirement of EU policies that Ukraine has undertaken to perform.

Under these rules, foreigners from countries that ratified the Visa Waiver Treaties with Ukraine (listed below) will not have to leave the territory of Ukraine to get a long-term visa (D type visa). Read more about the D type visa here. Since June , 2019, D type visa will be issued at the Ministry of Foreign Affairs (Department of Consular Service) in Kyiv as well as at the Consulate of Ukraine abroad.

We kindly remind that D type visa is required for those foreigners who intend to get residency in Ukraine. A long-term visa is used for getting temporary and permanent residence permits.

The procedure of getting D type visa is simplified only for those foreigners who plan to obtain a temporary residence permit in Ukraine on the following grounds:

– employment;
– participation in international technical assistance projects;
– employment at representative offices of foreign businesses in Ukraine;
– employment at branches or representative offices of foreign banks;
– implementation of cultural, scientific, educational activities on the grounds and in the manner prescribed by the international agreements of Ukraine or special programs, as well as participation in the international and regional volunteer programs, or activities of voluntary organizations registered in Ukraine;
– in cases when a foreigner is a founder or participant or beneficiary owner (controller) of a legal entity registered in Ukraine and whose share is not less than 100 thousand euros;
– education.

Unfortunately, simplification of procedure does not appeal to the issuance of D type visa on the ground of family reunification (foreigners who arrive in Ukraine for reunification either with persons who are Ukrainian nationals or foreigners who’ve got a temporary residence permit and are legally staying within the territory of Ukraine).

The list of documents required for visa remains unchanged (more info here). For a Long-term visa – a work permit, an invitation from a university, an invitation from an international NGO are the documents, confirming the purpose of the trip.

Visa fee under new rules

To issue a long-term visa without leaving Ukraine, a foreigner shall pay approximately 97 USD within regular service (194 USD within expedited service) that is more expensive than issuance in the Consulate of Ukraine abroad (within regular service — 65 USD).

Visa processing time

Up to 10 working days from the day of application within regular service. Up to 5 working days from the day of application within expedited service.

Countries that ratified the Visa Waiver Treaties with Ukraine:

Read also

E-VISAS RETURNING

Nowadays, Ukrainians enjoy a visa-free regime for traveling to the EU, which has become a prominent event for the Ukrainian society a while ago. From the other side, Ukraine grants a right to the nationals of the European Union member countries and many other countries for visa-free entry. Please check the list of visa-free states here.

At the same time, more and more often foreigners have problems while crossing the border due to ignorance and misinformation. Let us make a sense of it.

Ukrainian guests are getting concerned that they will be banned from entering Ukraine because of the so-called “overstay”. These difficulties are related to the requirements of the EU, the Security Service of Ukraine in order to guarantee that the foreigner stays in Ukraine legally and is not dangerous neither to Ukraine nor to its EU-partners. Therefore, more foreigners are being denied entry or even banned to enter Ukraine. The establishment of entry regulations for Russian nationals is a vivid example of the Ukrainian government seeking to tighten control over the Ukrainian border.

1. What is an overstay and how it occurs?

According to Ukrainian legislation, the citizens of many countries have a right to stay within the territory of Ukraine without obtaining a visa for 90 days within 180 days. How is it calculated? The officials take a specific date and count down 180 days back. After that, they check whether you have used 90 “visa-free” days within this term. If so and you are still in Ukraine it means you have violated the law and “overstayed”. You can see the instruction for calculating “number of days” here.

2. What happens if the foreigner has overstayed?

This information is easily checked at the border control. Please take note, nowadays the border control system allows combining information on foreigners using two passports of the same country and simple change of one passport to another will not help confuse border guards. According to article 203 of the Code of Administrative Offences of Ukraine, the foreigner will be fined 1700-5100 UAH for it. Moreover, a foreigner may also be banned from entering Ukraine.

The overstay is not covered by the fine, therefore, the foreigner will have to wait 90 days abroad before re-entering Ukraine.

3. How to stay in Ukraine for more than 90 days?

As per Ukrainian legislation, there are several ways to stay in Ukraine for more than 90 days for non-Ukrainian citizens:

1) get a temporary residency;
2) get a permanent residency;
3) extend a stay in Ukraine.

More about residency in Ukraine.

The foreigner having a permit may without any limitation enter and leave Ukraine on legal grounds (for a certain period or permanently). The third option does not provide such an opportunity, it is recommended to choose it for those who are at the stage of obtaining official documents for the issuance of permits (for example, work permits or marriage certificates, etc.).

4. What to expect in future?

The border crossing regime is not getting easier. We expect new rules to be introduced for Russian citizens visiting Ukraine. More foreigners are currently seeking legal status in Ukraine due to the political situation in the neighboring countries. The situation in the East of Ukraine though makes the issue more complicated as well as the requirement of EU policies that Ukraine has undertaken to perform.

Citizens of countries with a visa regime of entry may stay in Ukraine only on the basis of a visa (short- or long-term) obtained at the Ukrainian consulate abroad. More about visa types.
Ukraine has established a visa regime of entry for nationals of the following countries:

Australia
Algeria
Angola
Afghanistan
Bahamas
Bangladesh
Barbados
Bahrain
Belize
Benin
Bolivia
Botswana
Burkina Faso
Burundi
Butane
Vanuatu
Venezuela
Vietnam
Gabon
Guyana
The Gambia
Ghana
Guatemala
Guinea
Guinea-Bissau
Honduras
Grenada
Djibouti
Dominica (Commonwealth)
Dominican Republic
Ecuador
Equatorial Guinea
Eritrea
Ethiopia
Egypt
Yemen
Zambia
Zimbabwe
India
Indonesia
Iraq
Iran
Haiti
Jordan
Cape Verde
Cambodia
Cameroon
Kenya
China (PRC)
DPRK
Colombia
Congo (Democratic Republic)
Congo (People’s Republic)
Costa Rica
Ivory Coast
Cuba
Kuwait
Laos
Liberia
Lebanon
Libya
Lesotho
Mauritius
Madagascar
Malaysia
Malawi
Mali
Morocco
Mexico
Mozambique
Myanmar
Namibia
Nepal
Nigeria
Niger
Nicaragua
New Zealand
Oman
Pakistan
Palestine
Papua New Guinea
Peru
South Africa
Puerto Rico
Rwanda
El Salvador
Sao Tome and Principe
Saudi Arabia
Swaziland
Senegal
Sierra Leone
Syria
Singapore
Sudan
Thailand
Tanzania
Timor-Leste
Togo
Tunisia
Turkmenistan
Uganda
Uruguay
Philippines
Central African Republic
Chad
Sri Lanka
Jamaica

The law of Ukraine defines the procedure of marriage registration in Ukraine between a citizen of Ukraine and a foreigner or a stateless person as well as a marriage between foreigners or stateless persons.
As per current law, foreigners and stateless persons have equal rights and obligations regarding marriage and family relations as well as citizens of Ukraine.

What conditions should be observed for marriage?

According to the law, the marriage procedure in Ukraine is not complicated. It is necessary to comply with the following conditions to register a marriage in Ukraine:

– a bride and a groom should be of the marriage age (18 years old, a right to marry can also be obtained by a court decision – following the petition filed by persons who are of the age of 16);
– a bride and a groom should not be married to another person;
– no other drawbacks for a marriage, such as: marriage between siblings is forbidden, between relatives of direct line ascending, between an adoptive parent and adoptive child).

Documents you need for marriage in Ukraine

When compared to a marriage between Ukrainian citizens, a marriage procedure with the foreign citizens in Ukraine is far more complicated.
Foreigners willing to register their marriage in Ukraine have to provide the Registrar (department of the Ministry of Justice) with the following documents:

1. Original passport or other specified documents (with a notion, confirming the legality of their stay atin the territory of Ukraine, unless otherwise provided by the current Ukrainian legislation).
2. If the foreigner’s passport doesn’t contain information about his marital status, the foreigner should submit the legalized certificate, confirming that he is not married, issued by the authorized body in a country of his origin with a translation into the Ukrainian language.
3. Foreign citizens, who were previously married, will be able to register a repeated marriage only if they provide documents confirming the termination of their previous marriage. For example, a court decision of marriage dissolution, if it is final, a certificate of marriage dissolution, a spouse’s death certificate, or other documents confirming the termination of a previous marriage, provided for by foreign legislation. Such documents must be issued by the authorized body and appropriately legalized with a further translation into the Ukrainian language.

The procedure of marriage registration with foreign citizens

The procedure of marriage registration for foreigners in Ukraine is as follows:

1. Personal application submitting to the Registrar. In case, the person attempting to enter into marriage is not able to submit an application personally for valid reasons, his/her signature upon the application must be notarized. A notarized application shall be submitted by a representative acting on the grounds of a notarized power of attorney.
2. The Registrar accepts the application, explains to the applicants their rights and obligations, the procedure of marriage registration, duty to provide the correct information and the outcomes of the submitting of false information.
3. The actual date of marriage registration is appointed on the grounds of agreement with the applicants. Generally, a marriage with a foreigner shall be registered in 1 (one) month after the application. Earlier marriage registration shall be performed for valid reasons, confirmed by the documents (pregnancy, serious illness, etc.)
4. Marriage is registered in the presence of both applicants.

The procedure of check of the foreigner’s legality of stay in Ukraine

The principal point, which is vital for marriage registration with the foreign citizen, is that a foreigner must stay in Ukraine legally as of the day of marriage registration.
After obtaining all the above-mentioned documents, the Head of the Registrar subdivision shall send a request to the State migration service verifying whether a foreigner’s stay in Ukraine is legal and finding out the number of days, he has before leaving Ukraine.
Based on the inspection results the State migration service issues a conclusion on a legal stay of foreign citizens in Ukraine notifying of a number of days he/she stayed in Ukraine legally.

Urgent marriage procedure

A marriage procedure, when a man and a woman willing to marry are citizens of different countries can be both general and urgent.
Since 2016 the project called “Marriage for a day” (Marriage within 24h) has been performed in several cities of Ukraine. The price for such service shall amount to 2 500,00 UAH during working days, and 3 500,00 UAH at weekends and holidays. This price also includes the payment for Registrar services and the state fee.
For an urgent marriage procedure, it is necessary to conclude an agreement with an institutor (commonly it is a state institution) and submit a general application for marriage registration. The future spouses shall apply to the Registrar district subdivision (at the institutor’s location area), where a marriage registration will be carried out only after payment of services and when all necessary documents have been obtained (conclusion issued by the State migration service, receipts, agreement, application form, passport translation).
After a marriage registration, a married couple obtains the marriage certificate.

Visa agreement procedure after marriage

After the marriage registration, a foreign citizen, if planning to reside in Ukraine, shall apply for a temporary residence permit. A foreigner should leave Ukraine to obtain a new type “D” visa (on the grounds of a marriage certificate). The purpose of visiting Ukraine shall be family reunification. This procedure (of the re-entering) should be carried out even though a foreigner is a citizen of a country, that ratified the Visa Waiver Treaties with Ukraine.

Permanent residence permit

A marriage with a citizen of Ukraine is a ground for obtaining a residence permit in Ukraine. For two years being married to Ukrainian citizen, a foreigner can get a permanent residence permit, and later – will obtain citizenship of Ukraine.

If a foreigner enters into marriage with a person who is not a citizen of Ukraine but is a foreigner, who has a permanent residence permit, he will be able to obtain such a permit without observing these two years. But for becoming a citizen of Ukraine in such circumstances, a foreigner should wait five years, observing a variety of other conditions.

A Marriage outside of Ukraine

A marriage between a citizen of Ukraine and a foreign citizen, which wass registered outside the territory of Ukraine, is considered to be valid in Ukraine. This marriage should not be registered in Ukraine repeatedly. Though, a marriage certificate issued to a foreigner and a citizen of Ukraine outside its territory should be properly certified (legalized/apostilled) in a country of its consignment and translated into the Ukrainian language with a notarization.

Dissolution of marriage

A marriage can be dissolved in a judicial or non-judicial manner (through the offices of the Registrar) depending on certain circumstances (common children and their age, parties’ motivation, definiteness with children, alimony, and division of property matters).

Division of Conjoint property

A property that has been acquired by the spouses in marriage belongs to both wife and husband on the joint ownership title.

Usually, in case of marriage dissolution, a spouses’ property is divided between them into equal parts. At the same time, the separate private property of a wife or a husband is: a property acquired: before marriage, in marriage but on the grounds of a gift agreement or as an inheritance, in marriage but purchased with his/her own money, an apartment or a land property purchased as a result of privatization.

Marriage contract

A married couple may conclude a marriage contract. This contract can be concluded both before and after marriage registration (in this case a marriage contract shall be valid as of the day of marriage registration) and shall be notarized. A marriage contract regulates spouses’ property relations, defines their property rights and obligations.

Cover photo from The Paris Photographer.

Read about controlled foreign companies tax regulations in our article.

Starting a business is not an easy thing. The duly organized company at the very beginning is easier to run, structure and develop it for the future. Thus, it will be useful to be clear on the aforesaid issues. These will prevent extra expenses in case of wrong decisions, difficulties occurring while negotiations and any surprises arising out of the unfamiliar jurisdiction.
We hope your business in Ukraine will become successful and prosperous!

How to calculate 90 days of stay in Ukraine properly?

When this 90 days term expires foreign citizen has two options:

1) leave Ukraine with the right to re-enter after 90 days period;
2) extend a stay in Ukraine.

Legislation of Ukraine provides the following options for the extension of stay of any foreign citizen:

1) get temporary residence permit;
2) get permanent residence permit;
3) to be granted a decision by migration service office on permission to extend the stay on the territory of Ukraine.

Such a decision (3) shall be granted only when there are serious grounds, such as illness, pregnancy or childbearing, illness of the family member who has to be taken care of, waiting for the official documents being issued (such as immigration permit, obtainment of the citizenship of Ukraine, etc.), force majeure events that do not allow to leave Ukraine within the legally permitted terms of stay. All the aforesaid facts have to be supported with the respective documents.

The application for extension of stay on the territory of Ukraine shall be submitted to the local migration service office and, what is important, at least three days before the expiry of the visa or 90 days’ term. The special stamp is inserted in the passport when the migration service body grants with the decision on the extension of the term of stay on the territory of Ukraine. The maximum period of extension is 90 calendar days. If you leave Ukraine before the 90 days term, you will not be permitted to re-enter Ukraine, so you will have to either wait for 90 days or get the new visa.

Planning to set up a business in Ukraine? Read our article regarding on the first steps.

There are two types of residency permits in Ukraine: temporary residence permit and permanent residence permit, which differ in the procedure of acquiring (grounds for the issue) and the scope of rights that are granted with such a document.

Temporary Residence Permit

The temporary residence permit is the official document, that gives the right to the holder to legally stay in Ukraine, leave and reenter the territory of Ukraine an unlimited number of times within the term of validity.

The temporary residence permits’ validity varies: from several months up to several years (for example, in case of the work or long-lasting international project, etc. permits are given for a 3-year validity term).

The law of Ukraine provides the following list of grounds for getting temporary residence permit:

• Official employment;
• Participation in international technical assistance projects (such projects must be officially registered);
• Preaching, performing religious rituals, or conducting other canonical activities at the invitation of an officially registered religious organization (there must also be an approval to involve foreigners);
• Employees of branches or representative offices of foreign legal entities registered in Ukraine;
• Employees of representative offices of foreign banks;
• Participants of international cultural, educational, or scientific activities provided for by international contracts of Ukraine or specific programs, participants of international or regional volunteer programs;
• Volunteering in Ukrainian NGOs (there is a government-approved list of organizations that can invite foreign volunteers);
• Provision of medical assistance or rehabilitation assistance on a volunteer basis during martial law;
• Correspondent activity of representatives of foreign media;
• Studying in Ukraine;
• Investing at least 100,000 EUR in a business in Ukraine;
• Marriage to a citizen of Ukraine or a foreigner holding a temporary residence permit in Ukraine;
• Military service in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine;
• Provision of shooting, tactical, radio-technical, explosive, medical, and other assistance to units of the Armed Forces of Ukraine, the National Guard of Ukraine, including units of territorial defense and volunteer formations of territorial communities, provided they are directly in combat zones and jointly carry out combat missions with such units for at least 6 months.

Before applying for a temporary residence permit, a foreigner must obtain a type D visa (learn more about visas to Ukraine).

Permanent Residence Permit

The permanent residence permit is another type of a document that gives a foreigner the right to stay in Ukraine legally for a long period. It has no validity limits (has an indefinite duration, but the document itself has to be renewed in certain cases). Likewise the temporary residence permit, the permanent residence permit allows staying in Ukraine, easily leave and enter its territory, employment by any company without obtaining a work permit. Therefore, the legal status is quite similar to citizenship, but a bit reduced – no voting rights, no title rights to agricultural land, no option to benefit from the visa-free entry to EU due to the Visa Waiver Treaties, etc.

The grounds for acquiring permanent residence permit is available for:

• Being a highly qualified specialist (that are highly demanded by the Ukrainian economy);
• Scientists and/or cultural figures whose immigration is in the state’s interest;
• Investors who have invested at least 100,000 USD in the economy of Ukraine;
• Brothers/sisters, grandsons/granddaughters, or grandfathers/grandmothers of Ukrainian citizens;
• Spouses of Ukrainian citizens, as well as of persons with permanent residence permits in Ukraine, provided they have been married for at least 2 years;
• Former citizens of Ukraine;
• Incapacitated parents or minor children of foreigners who have a permanent residence permit in Ukraine;
• Persons who have served in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine for 3 or more years, or for at least 1 year during martial law, or have served less but were recognized by a military medical commission as unfit as a result of illnesses or wounds received during military service;
• Overseas Ukrainians;
• A legal guardian or trustee of a Ukrainian citizen, or a person under the guardianship of a Ukrainian citizen;
• Persons who have continuously resided on the territory of Ukraine for 3 years from the date of establishing their status as a victim of human trafficking;
• Persons who have continuously resided in Ukraine for 5 years on the basis of temporary residence permits;
• One of the spouses, if the other spouse died during military service in Ukraine;
• Persons who have the right to acquire citizenship by territorial origin;
• Stateless persons who have resided in Ukraine on the basis of a temporary residence permit for 2 years from the date of obtaining the status of a stateless person in Ukraine.

Before applying for a permanent residence permit, a foreigner must obtain an immigration permit.

It is worth noting that foreigners are obliged to register their place of residence in Ukraine within 30 calendar days after receiving a residence permit.

To register as a Private Entrepreneur (FOP) in Ukraine, you need to obtain a tax identification number (TIN), prepare and submit the registration application along with your passport and address proof to the Administrative Services Center or a notary, and then open a bank account. You can choose the simplified tax system (5 % of income under certain limits) and must pay a mandatory social contribution. Read the full step-by-step guide in the article.

Taxes for PE

PE runs the business under the selected taxation system: general or simplified.

The general taxation system provides for the payment of 18% net income tax. Besides, the PE has to pay 1.5% of the military tax and 22% of the single social contribution to the Pension Fund from net income. Registration as a VAT payer is mandatory if annual turnover reaches 1 000 000 UAH (in Ukraine, VAT is 20%).

The simplified taxation system provides for the payment of a single tax depending on the selected single tax group and is applied with restrictions on activities (the latter means that some activity types are prohibited for taxation under the simplified system). Consequently, a PE can choose one of the four groups of the single taxation system:

1) PE of the first group pays a fixed tax (210 UAH per month in 2020), provides only retail sales of goods or household services to the population, has an annual income of up to 1 000 000 UAH and no employees;

2) PE of the second group pays a fixed tax (944 UAH per month in 2020), sells, produces goods, provides services (performs work) exclusively to the population and / or payers of the single tax, has an annual income of up to 5 000 000 UAH, and no more than 10 employees. Such PEs can work for / provide services to business entities who use the simplified tax regime or only to individuals;

3) PE of the third group has annual income up to 7 000 000 UAH, no restrictions on the number of employees, and pays a single tax of 3% of income (for VAT payer) or 5% of income (for non-VAT payer).

4) PE of the fourth group – farm owners whose tax rates depend on the type of land.

PEs usually tend to choose the third group of single tax, which allows them to conveniently keep records, perform work and provide services to any legal entity or PE and export services (goods, works).

Please take into consideration that restrictions exist in the form of payment for single tax payers: it can be made exclusively in cash (cash and / or bank transaction).

Additionally, the single social contribution to the Pension Fund at the rate of 22% of the minimum wage (that is 1039,06 UAH in 2020) shall be paid monthly.

Worth noting, if a PE receives payments in cash (POS-terminals are also considered as cash transaction) and the amount of income is over 1 000 000 UAH, a special cash-register machine shall be installed.

The major fact against doing business as a PE is that PE is liable with all his property.

PE vs Employeе

A significant number of companies, especially IT companies, in order to optimize the tax burden, often use a scheme, according to which a certain specialist is engaged to work as a PE instead of being hired as an employee. At the same time, the employer significantly reduces the tax burden and avoids certain obligations imposed over him by labor law (vacation, decree, guarantees of dismissal, etc.).
There is a risk that the relationship between the person and the company will be recognized as a de facto employment relationship. And, consequently, result in fines for the ‘employer’.

It should be noted that the legislation on the activities of PE is changing. The procedure for registration and the taxation system for PE are permanently simplified and improved. Frequent changes occur in taxation, the use of special cash registers implemented.

Various initiatives lessen the impact of the PE on reducing budget revenues, for example, several of the recently announced:

●  to approve the criteria that would establish the actual employment relationship between the PE and the company;
●  on the introduction of the fifth group of the simplified tax system for IT professionals (that provides a slight increase to 5% tax rate for PEs in IT, 1,5% military fee, and a higher social tax rate (22% of the two minimum salaries, in 2020 the amount equals to 2078.12 UAH) and special contribution to the development fund, increasing from 1% in 2020 to 5% in 2024 annually);
●  to prohibit PEs from providing any services (in this case, the schemes of avoiding employment relationships will cease to exist).

On June 25, 2020, the Resolution of the Cabinet of Ministers of Ukraine No. 522 repealed the Order No. 392 on self-isolation or mandatory observation for foreign citizens entering the territory of Ukraine.

The Resolution stipulates that foreigners who were tested negative by means of polymerase chain reaction (PCR) for COVID-19 can be released from self-isolation or observation.

A foreigner who came from a country with a high prevalence of coronavirus infection has to take a test after crossing the border, then immediately move to expected self-isolation or observation location and after a negative test result, the foreigner can cease isolation at once.

According to the information provided at the hotline of the Ministry of Health of Ukraine, the procedure for ceasing isolation is as follows:

After the Act at Home [DIY vdoma / Дій вдома] application installed and the appropriate geolocation evidenced, you need to take a PCR test at one of the accredited private clinics. Please find out if a clinic has a mobile medical team, if so you have to call them.
If the clinic does not provide a mobile medical team, you need to call 102 to report that you are in self-isolation, and you need to go to the hospital to pass a PCR test to quit self-isolation. This message is necessary in order to record the fact of departure, for no fine to be imposed.
Please notify the medical workers at the clinic of your intention to take a PCR test to be released from isolation (you will be given a special medical form to be completed). After the PCR test has been passed, the clinic sends the test results to the public health center, which in turn resends it to the Ministry of Health. Within 5 days, you will receive a message from the Ministry of your self-isolation release (if tested negative for COVID-19).
Despite aforementioned, all the foreigners entering Ukraine are obliged to have appropriate medical insurance to cover the costs for treatment of COVID-19 (in case if any).

On a positive note, if a foreigner comes from a country with the nonsignificant spread of infection, she/he does not need to be observed.
Worth noting, not subject to observation are those citizens of the countries with a high incidence of COVID-19, that have not been in the territory of these states during the last 14 days, as well as the employees of diplomatic missions and consular posts of foreign countries, members of official international missions, organizations accredited in Ukraine, their members, families, drivers and crew members of freight vehicles, crew members of aircraft and ships, river vessels, members of train and locomotive crews, participants of external independent evaluation, each accompanied by one person, if there is no reason to believe that they were in contact with a person infected with COVID-19. Also, the persons who gave consent to self-isolate using the Act at Home application are not subject to observation.

Besides, no self-isolation is necessary for the foreigners with the residence permit, both permanent and temporary, as well as the persons with the refugee status, and persons in need of protection, who are already based on the territory of Ukraine.

That foreigners who were tested negative by means of polymerase chain reaction (PCR) for COVID-19 can be released from self-isolation or observation.

Business opportunities in Ukraine exist in almost any sphere that you could think of: IT area, manufacturing, agriculture, marketing, advertising, and other services. As an employer you can benefit from Ukraine’s rich and underutilized labor pool, higher education is available to all citizens and education is compulsory here. At the same time, Ukraine is a desirable destination for global nomads who work remotely and can do their job wherever they choose, such as IT workers, designers, translators, consultants, copywriters, etc. Many of these foreigners can earn a good salary from serving Western clients and then take advantage of Ukraine’s low-cost living to enjoy comfortable lives here. Read about simplified procedure of TRP Issuance.

How Can Foreigners Stay in Ukraine Legally?

Citizens from a long list of countries can enter Ukraine without a visa: citizens of EU countries, the USA, Great Britain, Canada, Georgia, South Korea, Japan, and some other countries can stay in Ukraine for 90 days during six-month. In case of violation of this rule, a foreigner who overstays in Ukraine gets “illegal status” and thus can’t use government services, notaries and other official services. For example, foreigners who have overstayed their time in Ukraine cannot obtain a Ukrainian tax ID, get married, nor give a power of attorney to a lawyer. A foreigner who breaks the 90-day stay rule can also be fined (as per article 203 of the Code of Administrative Offences of Ukraine) or even be banned from entering Ukraine for 3 months to 3 years period. Of course, such inconveniences can considerably disrupt the business activity or the personal life of a foreigner who has been residing in Ukraine.

Quick Guide: How to Get a Residence Permit in Ukraine

• Apply via the State Migration Service of Ukraine
• Provide valid grounds, such as employment, business registration, family reunification, or ethnic Ukrainian status
• Obtain a D-type visa (if required) before applying
• Submit the full set of documents and pay the government fee
• Expect processing time of 15–30 business days for a Temporary Residence Permit

Temporary Residence through Employment

There are several ways for a foreigner to avoid such inconveniences and stay in Ukraine legally for a continuous period. The most common and transparent way is official employment in Ukraine. Any foreigner has a right to be employed in Ukraine if he or she obtains a work permit as per the legislation of Ukraine. After getting a work permit, a foreign citizen is eligible to apply for a temporary residence permit in Ukraine for 1 year (for the employed owners of a business in Ukraine the term may be up to 3 years) with the unlimited right to extend it (and the work permit also) each time.
Recently, the procedure of getting a work permit in Ukraine became easier to understand. The list of required documents no longer includes diplomas, criminal records clearance, and medical documents, making the permit easier to obtain. An employer now has the option to choose the term of a work permit’s validity (up to 1 year for “regular employees” and up to 3 years for owners of a business).

Self-Employment and Running a Business in Ukraine

Using employment at a company as a means of legalizing one’s stay in Ukraine does have certain risks. The foreigner is dependent on the employer and can lose the residency right in case of dismissal from the position. Conversely, using employment to legalize one’s stay in Ukraine is much easier and safer for foreigners who register their own business in Ukraine and become the director or a deputy director of their own company. Using this method, potential investors and foreigners who want to run a business in Ukraine (no matter how big or small) won’t have any problems maintaining a temporary residence in Ukraine for as long as they need. Moreover, such owners of the business can obtain temporary residence status for up to 3 years.

It’s worth noting that with the recent changes to work permit procedures, an employer in Ukraine now has relatively high expenses when employing foreign citizens as “regular employees”: the monthly salary of a foreign specialist has to be not less than 10 minimum salaries as per the legislation of Ukraine (currently it is 32,000 UAH or about $1,200) plus taxes calculated on this amount. At the same time, the owner of a business can have a minimum salary of 3,200 UAH (or about $120).

Residence Permit via Family Reunification

Family reunification is also the reason for issuing a temporary residence permit. This can include reunification with one’s parents, a spouse who is Ukrainian and those who have already obtained permission to stay legally in Ukraine. For instance, if a foreigner has started a business in Ukraine, received a work permit and temporary residence permit, then all his family may join him and also acquire legal status in Ukraine without a need to obtain a work permit or some other legal basis for staying in Ukraine. For residence permits based on family reunification applicants need to apply for a D type visa and after that – for permanent residency in Ukraine. This is how family reunification works.
It is much easier to obtain residency if you have some family connection in Ukraine: for example, marriage to a Ukrainian, having a child who is a citizen of Ukraine or having relatives who are (were) Ukrainians or were born on the territory of Ukraine.
However, getting married to a Ukrainian citizen does not automatically grant you permanent residency: you need to prove that your marriage lasted for more than 2 years, otherwise you can only apply for a temporary residence permit.

Overseas or Foreign Ukrainian

Being an “Overseas(Foreign) Ukrainian” is another efficient mechanism that gives foreigners who identify themselves as Ukrainians, have a blood relationship with Ukrainians or someone who was born on the territory of modern Ukraine. This special status gives foreign citizens the right to get free of charge a long-term 5-year visa, an immigration permit and thus, apply for a permanent residence permit, work in Ukraine without obtaining a work permit and thus, apply for a temporary residence permit (Law of Ukraine No. 4381-VI On Foreign Ukrainians, Law of Ukraine No. 5067-VI On Employment of Population).

How to get residence permit in Ukraine?

Ukrainian legislation sets out the grounds for issuing a permanent (for life) residence permit. They include the following:
● Marriage with a citizen of Ukraine for more than 2 years
● Being a parent of a citizen of Ukraine
● Being a child of a citizen of Ukraine
● Being born on the territory of Ukraine

The aforementioned grounds are unconditional. But Ukrainian legislation also recognizes some grounds for issuing an immigration permit (and, therefore, a permanent residence permit) within the annual government-established quotas. These quotas are used in the following cases:

● Investors, who invest at least 100,000 USD in the Ukrainian economy are permitted to apply for an immigration permit and, thus, receive a permanent residence permit;
● Scientists and cultural activists, Ukraine is interested in;
● Brothers, sister, grandparents or grandchildren of Ukrainian citizens;
● Parents, spouses, and minors of immigrants to Ukraine;
● Highly-qualified specialists in high demand in Ukraine.

Additionally, Ukraine currently supports repatriation processes and provides possibilities for acquiring special status for those foreigners who used to be citizens of Ukraine in the past.

Visa D Requirement and Application Process

To acquire residency in Ukraine (temporary or permanent) foreign citizens need to obtain a D type visa at a Ukrainian consulate abroad. This is one of the steps for obtaining a residence permit. The cost of such a visa differs. It depends on your country and is based on the principle of reciprocity (i.e., the cost of visas in your country for Ukrainian citizens). Exceptions to this requirement include citizens of Belarus, Georgia, Moldova, Azerbaijan, Uzbekistan, Armenia, and Russia, who do not need to obtain a D type visa for residency.

The good news is that obtaining a temporary or permanent residence permit provides you with almost the same scope of rights and duties that a Ukrainian citizen has. Those foreigners who obtain a permit may stay within the territory of Ukraine, leave and re-enter the country within the validity term of their permit, work, study, and obtain government services. But foreign citizens, willing to acquire legal status in Ukraine, need to remember that any violation of the laws of Ukraine related to the legal status of a foreigner (including overstaying in the country, providing of forged documents or false information) may result in forced expulsion from Ukraine and a ban on re-entering.