New home, new rules: how are foreigners’ residency checks for temporary and permanent residence permits handled?

August 5, 2024

In connection with the adoption of the Resolution of the Cabinet of Ministers of Ukraine No. 979 dated September 12, 2023 “On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine in Connection with the Adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Improvement of Legislation in the Sphere of Migration””, a check of foreigners at their place of residence when they are issued a permit for permanent or temporary residence in Ukraine has been introduced.

A foreigner who plans to obtain a permanent or temporary residence permit in Ukraine and who has submitted a number of necessary documents to the territorial body of the State Customs Service of Ukraine (hereinafter referred to as the SCSU) must fill in an application form. One of the fields of the application form is the field “Registered place of residence in Ukraine” and “Actual place of residence in Ukraine”.

The State Migration Service of Ukraine (hereinafter referred to as the SMSU) notes that a foreigner is obliged to provide truthful information about their actual place of residence. Providing false information may result in refusal to issue a residence permit to a foreigner.

A foreigner may submit documents confirming the fact of their residence at the address specified in the application form (certificate of ownership, lease (rental) agreement, etc.) when applying for a residence permit. Copies of such documents shall be attached to the application form.

Procedure for conducting checks

In case of failure to provide supporting documents, the employees of the SMSU will check the place of residence of the foreigner-applicant by visiting them at their place of residence. The check is carried out after the foreigner has submitted documents for the issuance of a residence permit.

The foreigner is informed about the time of the check by contact phone number and e-mail address one business day prior to the check.

If according to the database of the State Border Guard Service of Ukraine it is established that the foreigner at the time of the check has left Ukraine, the check shall not be carried out. If the foreigner for some reason has left the region of their residence, they should inform the SMSU employee about their departure and the date of their return during the notification about the check of the place of residence.

If the foreigner is not found at the declared place of residence during the check, this may serve as grounds for refusing to issue a permit.

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).