Migration changes

Migration changes dated 21/10/2022: expired residence permit are valid during the wartime

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.

Kateryna Zatulko

Senior lawyer, attorney