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15 Aug
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Changes in the procedure for obtaining and extending a residence permit during martial law

How to obtain a temporary and permanent residence permit

Currently, to obtain a temporary or permanent residence permit, foreigners apply to the State Migration Service (territorial unit of the State Migration Service) or administrative service centers (CNAP) at their place of residence. The first step is to collect the necessary documents: a valid passport with a type D visa (or without it, if provided for by law, for example, for family reunification), documents confirming the grounds for stay (invitation, employment contract, immigration permit, etc.), as well as a photo, insurance, translations and receipts for payment of fees. After that, they submit an application form and documents to the selected State Migration Service office.

A valid passport is required to obtain a certificate.

The procedure is largely unchanged, but martial law has introduced its own peculiarities. In particular, during an air raid, administrative services are not provided, and some centers accept documents only “as long as technical capabilities are available.” Because of this, delays are possible in practice: it is recommended to check the SMS work schedule in advance and keep in touch with the responsible specialists. However, the main steps remain standard: collecting documents, contacting the SMS/CNAP, and waiting for a decision.

It is important to have a legal basis for a temporary permit: the most common are employment (labor contracts, international technical assistance projects), training or internship, family reunification, volunteering (including medical assistance), etc. For example, the government has introduced a visa-free regime for doctors and volunteers of humanitarian missions (except for aggressor citizens) from March 14, 2022, to simplify their entry and processing of relevant documents. During martial law, special procedures may apply for these categories: for example, the State Migration Service may issue a long-term residence permit for the period of performing such tasks.

For a permanent residence permit (permanent residence permit), an immigration permit is required (resolution No. 678 of 10.06.2022). It is necessary to submit a valid passport with a D visa and an immigration permit document, as well as documents confirming the grounds (for example, family ties or registration of employment). At the same time, the law allows submitting even expired documents if the citizen comes from an aggressor country or a country that has not recognized the sovereignty of Ukraine. Official instructions of the State Migration Service emphasize that all general provisions for processing are preserved, but there may be delays due to martial law. In the event of a complete inability to submit documents (for example, a region is controlled by war), it is allowed to apply after the situation improves.

How to extend a temporary residence permit

During martial law, a special regime applies: residence permits that have expired or were to be exchanged after February 24, 2022, remain valid for the entire period of martial law and for 30 calendar days after its termination. In other words, they are “automatically extended” without the need to immediately contact the migration service, unless they have been officially canceled. Accordingly, a foreigner can stay and enter Ukraine during martial law and for a month after it on the basis of such permits.

The martial law period effectively “freezes” the duration of stay under a permit. After its cancellation, foreigners (except citizens of the Russian Federation) must exchange expired permits within 30 days.

There is no actual “extension” in the usual sense – instead, the permit must be exchanged for a new one. Applications for exchange should be submitted during the last day of validity of the permit or later, but no later than 30 days after the lifting of martial law. If there are less than 15 working days left before the permit expires, the territorial unit of the SMS automatically extends the person’s legal stay for the period of consideration of the application. Thus, foreigners have enough time to exchange documents without risking illegal status. After the end of the war, all such permits must be exchanged in accordance with the law (the new deadlines will be counted from the date of lifting martial law).

It is worth noting that there are other clarifications. For example, the Cabinet of Ministers of Ukraine Resolution No. 1232 of 1.11.2022 provides for the automatic recognition of certificates and certificates without an apostille as admissible during wartime. That is, if previously refused due to the lack of apostille, Resolution No. 107 of 6.02.2023 allows reissuance of documents within 30 days after its publication. However, the basic principle – postponing the exchange deadlines until the end of hostilities – remains unchanged.

Russians with residence permits in Ukraine during the war

For Russian citizens with a residence permit in Ukraine during the war, certain strict restrictions have been introduced. Since November 2022, the consideration of applications from Russian citizens for the issuance, exchange or extension of residence permits has been suspended. New applications from Russians are actually not accepted until the end of martial law (the procedure has been postponed for at least 12 months after its termination). There are exceptions: it is allowed to issue/exchange a permit to Russian citizens who have family ties with Ukrainians (husband/wife, children, parents, close relatives) or who work under a contract in Ukraine. In the latter case, the government has even introduced the possibility of extending the period of stay for the period of issuing a new permit (“new procedure for extending the period of temporary residence”), but only if there are grounds – marriage, family reunification or employment.

For Russians with ID cards, the most important barrier is crossing the border. Ukraine has banned entry for male Russian citizens aged 16–60 (exceptions are only humanitarian circumstances). Even with a valid document, such individuals will not be able to return to Ukraine. For example, men aged 16–60 – many of whom may have had ID cards – are barred from entering during martial law.

In addition, after the introduction of a visa regime with Russia in 2023, entry for Russian citizens is possible only with a long-term D visa. That is, even the holder of the permit (or a person planning to obtain it) must first obtain the appropriate visa and ticket. Another innovation is increased control: applications from Russians are carefully checked, and the permit itself can be canceled in the event of loss of grounds for stay (for example, divorce or loss of job). It is important that formally the permit cannot be extended “automatically” for Russian citizens – only on special grounds and with appropriate approvals.

Thus, a Russian citizen with a residence permit in Ukraine during the war faces significant restrictions: his permit does not receive any military extension, and further extension or exchange is possible only if there are special conditions (family or work). All these rules are enshrined in regulatory acts and explanations of the State Migration Service and the government. Russian citizens who violate these rules (for example, try to enter without a D-visa or do not meet the criteria) may receive an official refusal to provide documents and even a ban on stay.

You can request a consultation with a migration lawyer regarding obtaining or extending a residence permit on this page.

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