On August 24, 2024, the President signed Law No. 3897-IX On Amendments Regarding the Legal Status of Foreigners and Stateless Persons Participating in the Defense of Ukraine’s Territorial Integrity and Inviolability. Most provisions will come into force in November.
Overall, the proposed changes are aimed at foreigners involved in resisting Russia’s military aggression. It is worth noting that non-Ukrainian citizens face risks when joining the Armed Forces, as some countries consider voluntary military service in another country a crime, and in certain cases, this can be grounds for citizenship revocation.
We cannot say that drastic changes have been introduced to the law. However, new provisions do make it easier for many foreigners to obtain the desired migration status in Ukraine.
Previously, foreign servicemen (hereinafter – contract servicemen) were required to leave Ukraine within 7 days after their contract ended or was terminated. For those facing criminal charges in their home countries for serving in the Ukrainian army, or for citizens of states supporting Russia’s military aggression, returning poses significant risks. The lack of a “buffer period” left them barely enough time to pack their belongings, let alone plan future or simply rest after service.
Now, the Law allows contract servicemen to stay in Ukraine legally for up to 3 months after their contract ends.
The spouse of a contract serviceman now has grounds to obtain a temporary residence permit through reunification. Unlike most foreigners, they will not need to obtain a long-term visa. This can potentially reduce expenses and save time on migration-related issues for these families.
However, it’s important to note that the spouse’s stay will depend on their partner’s migration status. For example, if the service member is required to leave the country after their contract ends and the 3-month legal stay period expires, the same will apply to their spouse.
Previous legislation did not address the status of spouses and children/dependents of fallen servicemen, leaving them unprotected. This effectively meant that individuals not only lost their loved ones but also their right to reside in the country where they had built their lives.
Now, partners of fallen soldiers can immigrate regardless of how long they have been married (under the usual procedure, couples must be married for 2+ years). Their immigration is not subject to quotas, and they are exempt from the requirement to provide health status certificates and criminal background checks.
Previously, legislation recognized a specific category of foreigners— volunteers involved in anti-terrorist operations or in repelling Russian aggression in the temporarily occupied territories of Donetsk and Luhansk regions.
Law No. 3897-IX introduces a new category of individuals under migration law, referred to as “volunteers since 24.02.2022.” These are individuals who, since February 24, 2022, have:
“provided or are providing shooting, tactical, radio, explosive, medical, or other assistance to units of the Armed Forces of Ukraine, the National Guard of Ukraine, including territorial defense units and voluntary territorial community formations, while being directly in combat zones, and who have participated in combat or service missions with these units for at least six months.”
Note that this category is not for all volunteers. Also, contract servicemen are not included as they are under a different regulation.
These volunteers now can benefit from favorable conditions: they qualify for a temporary residence permit for 4 years, as long as they obtain a recommendation from the Ministry of Defense of Ukraine or the Ministry of Internal Affairs of Ukraine.
The law has clarified the definition of former servicemen, replacing the broad term “those who served.” During martial law, Former Contract Servicemen are individuals whose contracts were terminated due to reaching the maximum age for military service or due to health conditions, based on a Military Medical Commission’s conclusion. In other periods — peacetime or special period — this category also includes those whose contracts simply expired.
Previously, the law only focused on active servicemen as a group needing more favorable conditions. Now these conditions have been extended to those who have completed their service. The challenges that military service may have caused in their country of citizenship do not disappear when the contract ends, so the state must address these issues.
For instance, former contract servicemen who received a state award will now be treated the same as their awarded colleagues who are still in service when applying for citizenship. Given the reasons for discharge (age limits or health issues), this “equal treatment” is considered fair.
Essentially, contract servicemen have been exempted from certain requirements for obtaining citizenship.
In establishing these new conditions, the legislator focused on assessing an individual’s “contribution” to the defense of the country. Those who have sacrificed their health, for example, will face fewer obligations when applying for citizenship.
Since the onset of the full-scale invasion, there has been an increase in legal cases against individuals who failed to fulfill the requirement to terminate their foreign citizenship. Often, foreigners were unable to renounce their previous citizenship for objective reasons, such as ignoring authorities from their home country or political persecution. It’s important to note that failing to meet this obligation results in the loss of newly acquired Ukrainian citizenship. The situation remains critical for citizens of Russia and Belarus who have taken up arms to fight against the aggressor country.
The new law expands the category of individuals who can submit a declaration of renunciation of foreign citizenship. A declaration merely signifies the intent to renounce citizenship (or allegiance) rather than imposes an obligation to do so.
Under the new law, the following individuals can submit a declaration of renunciation of foreign citizenship:
Additionally, those who acquired citizenship from, January 1, 2018, to August 25, 2024, may submit a declaration of renunciation of foreign citizenship if they are:
Another positive change in Law No. 3897-IX is the permission to use a passport that is expired or due for exchange. However, this option is only available in cases where obtaining a new passport would require an individual to approach the authorities of a country that has committed acts of armed aggression against Ukraine, does not recognize Ukraine’s territorial integrity and sovereignty, and refuses to acknowledge the illegality of violations against Ukraine’s territorial integrity and sovereignty (specifically, those that voted against the United Nations General Assembly Resolution “On the Territorial Integrity of Ukraine” dated March 27, 2014, No. 68/262).
There were 11 countries that opposed the mentioned resolution: Russia, Armenia, Belarus, Bolivia, Cuba, North Korea, Nicaragua, Sudan, Syria, Zimbabwe, and Venezuela.
| Process | Those allowed to present an expired passport |
| Permanent Residence Permit | Contract servicemen who have served for more than 3 years; Contract servicemen deemed unfit for service due to illnesses, injuries (trauma, concussions, disabilities) sustained while performing military duties; A spouse of a serviceman who died in the line of duty. |
| Extensions of Stay | Former contract servicemen;“Non-existent category”*; |
| Temporary Residence Permits (TRP): issuance and legal stay | “Volunteers before February 24, 2022”;“Volunteers after February 24, 2022” They are legally present in Ukraine from the moment they apply for a Temporary Residence Permit. |
| Immigration Permits | Service members who have served for more than 3 years;Service members deemed unfit due to illnesses, injuries (trauma, concussions, disabilities) sustained while fulfilling military duties (they are legally present in Ukraine from the day they submit their documents for the permit); They are legally present in Ukraine from the day they submit their documents for the permit, provided they do so within 6 months of the contract’s end. “Non-existent category”*; |
| Citizenship | Active contract servicemen;Former contract servicemen. |
*Unfortunately, one of the references in the law is incorrect, leading to a “phantom” category of people. It appears the legislator meant to refer to those who have lived in Ukraine for over 5 years on a temporary residence permit (subpara 11 of para 2 of Article 4 of the Law on the Legal Status of Foreigners and Stateless Persons), but mistakenly cited a non-existent point 11 in part 3 of the same article. Without a prompt response from Parliament, this reference is invalid, meaning those intended to benefit from the changes will not be able to do so.
Voluntary service in the Ukrainian army may lead to political persecution. Many are familiar with cases of Russians being accused of “extremism” for donating to the Armed Forces of Ukraine, not to mention the direct act of resisting the aggressor state by joining the military.
Committing crimes against humanity, genocide, or other serious offenses in Ukraine is a valid reason for denying citizenship — a logical step to ensure national security. However, refusing citizenship to individuals with fabricated charges would be unjust.
Accusations of crimes based on the political motives of the occupying or aggressor state, or any country that doesn’t recognize Ukraine’s territorial integrity, won’t be a reason to deny citizenship to contract soldiers, volunteers, or those who have made significant contributions to Ukraine and whose citizenship is in the national interest.
Additionally, volunteers cannot be forcibly returned to a country that does not acknowledge Ukraine’s territorial integrity and sovereignty or refuses to recognize the illegality of such actions.
We can say the Law No. 3897-IX is indeed an important step in creating fair conditions for foreigners and stateless persons who defend Ukraine, including military personnel, their families, and volunteers. Making it easier to legalize their status in Ukraine is a significant way for the state to show its gratitude to those protecting it.
We expect updates to the rules on citizenship, immigration, and temporary residence to explain the new provisions of the Law.
Any questions? Our lawyers are always ready to assist you!
Senior lawyer, attorney
Junior associate
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