Under Martial law in Ukraine, the regulation of stay for foreigners engaged in volunteering becomes particularly important. Ukraine needs highly qualified specialists in all areas critical for recovery and reconstruction. They can be engaged by humanitarian organizations or be individual volunteers. Given the significant contribution of foreigners in supporting our country during the war, it is important to ensure clear and explicit rules for their legal stay on the territory of Ukraine.

Changes regarding the stay of foreigners and stateless persons in Ukraine for the period of Martial law

In connection with the armed aggression of the Russian Federation against Ukraine, the Decree of the President of Ukraine No. 132/2022 of March 14, 2022 “On Temporary Introduction of Visa-Free Regime” introduced a temporary visa-free regime for citizens of foreign countries who are employees of international medical or humanitarian organizations, funds or programs, other organizations arriving in Ukraine at the invitation of the Cabinet of Ministers of Ukraine to provide humanitarian assistance to the population. This visa-free entry regime shall not apply to foreigners who are citizens of the aggressor state.

In October 2022, the Cabinet of Ministers of Ukraine also adopted Resolution No. 1202 “Certain Issues Concerning the Implementation of Legislative Acts in the Field of Migration under Martial Law” hereinafter referred to as Resolution), the provisions of which, in particular, regulate the issue of the use by foreigners and stateless persons of temporary and permanent residence permits that expired during Martial law.

In practice, one may encounter different interpretations of the provisions of this Resolution. Foreigners and stateless persons with expired documents may be required to resubmit documents to obtain a new visa and residence permit, or to provide additional documents when crossing the state border.

However, the State Migration Service of Ukraine (hereinafter referred to as the SMSU) informs that the Regulation on the use of expired temporary and permanent residence permits during Martial law is in force.

The main terms and conditions of the Regulation on the Use of Expired Temporary and Permanent Residence Permits during Martial Law are as follows

Validity period: The Regulation is valid during the period of Martial law and one month after the end of Martial law.

Right of entry and exchange of documents

Foreigners and stateless persons (except for citizens of the Russian Federation) who have a temporary or permanent residence permit which expired after February 24, 2022, but who failed to timely submit documents for its exchange, are exempted from the obligation to renew the expired permit and have legal grounds to stay and enter Ukraine for a certain period of validity.

However, after 30 calendar days from the date of termination or revocation of Martial law, foreigners or stateless persons (except for citizens of the Russian Federation) are obliged to submit documents for exchange of such permits for temporary or permanent residence in accordance with the procedure established by relevant legislation.

Status of the residence permit

The permit shall be valid for entry and stay in Ukraine for the period of Martial law and one month after, unless being revoked.

The permit may be canceled in case of termination of the grounds for stay on the territory of Ukraine. According to paragraph 63 of the CMU Resolution No. 322 “On Approval of the Template, Technical Description of the Form and the Procedure for Obtaining, Issuing, Exchanging, Canceling, Sending, Withdrawing, Returning to the State, Invalidating and Destroying a Temporary Residence Permit” such grounds may include the below:

1. Receipt of data from the databases of the Register, relevant automated information and reference systems, registers and databases of other state bodies or information from the National Police of Ukraine, the Security Service of Ukraine, other state body which, within the limits of the powers granted to it, ensures compliance with the requirements of the legislation on the legal status of foreigners and stateless persons, information that the permit was issued on the basis of false information, forged or invalid documents;

2. Receipt of a reasoned request from the host party to cancel the residence permit (including in the case of dismissal of a foreigner or stateless person) or termination of the activities of the host party – a legal entity;

3. When a foreigner or stateless person has been sentenced to imprisonment in Ukraine;

4. When an authorized state body has made a decision on the forced return of a foreigner or a stateless person or their forced expulsion from the borders of Ukraine or on the prohibition of further entry into Ukraine;

5. When an authorized state body has made a decision on forced return of a foreigner or stateless person or their forced expulsion from Ukraine or prohibition of further entry into Ukraine;

6. A person has received a passport of a citizen of Ukraine (temporary ID of a citizen of Ukraine), a residence permit, a refugee certificate, a certificate of a person granted subsidiary protection;

6-1) If it turns out that the foreigner or stateless person has ceased to have grounds for staying on the territory of Ukraine, or if after the issuance of the permit it turns out that the legal fact confirmed/certified by the relevant document specified in parts 4-17 of Article 5 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”, which was submitted by the foreigner or stateless person for the issuance of the permit, is recognized as invalid, canceled, null and void, or such a document is not valid;

6-2) Receipt of an application from the foreigner or stateless person to cancel the issued permit;

6-3) In case of revocation of the decision on recognition as a stateless person;

7. In other cases provided for by relevant legislation.

Verification of the residence permit validity

Any foreigner or interested person can use the “Verification of Invalid Documents” service on the website of the SMSU to check the validity of the residence permit. To do this, it is necessary to enter the series and number of the permit and the system will automatically provide information on its validity.

If the permit turns out to be invalid, one can contact the State Migration Service of Ukraine (SMSU) to find out the reasons for recognizing it invalid or canceled.

Hotline of the State Migration Service of Ukraine: +38 (044) 363-22-50 (available only in Ukrainian)

Residents of the temporarily occupied territories may contact the State Migration Service through WhatsApp via the following number: + 38 (096) 033-24-42.

To sum up: Resolution of the Cabinet of Ministers of Ukraine No. 1202, adopted in 2022, facilitates the process of legalizing the stay of foreigners with expired temporary and permanent residence permits by extending the validity of their documents for the period of Martial law and one month after its completion. This ensures the possibility for foreigners to enter and stay on the territory of Ukraine to continue their activities without administrative obstacles.

By Natalia Povtar, lawyer in the area of civil society organizations development and support, the Ukraine Civil Society Sectoral Support, and Dariya Hrosul, assistant of the lawyer in the area of civil society organizations development and support, the Ukraine Civil Society Sectoral Support Activity

This material was prepared by CEDEM in cooperation with the State Migration Service of Ukraine within the project “Ukraine Civil Society Sectoral Support Activity”, which is implemented by ISAR “Ednannia” in consortium with the Ukrainian Center for Independent Political Research (UCIPR) and the Center for Democracy and Rule of Law (CEDEM) with the generous support of the American people through the US Agency for International Development (USAID).