Migration procedures: changes during martial law
On 1 March 2022, the State Migration Service of Ukraine announced that it was temporarily suspending its work on providing administrative services, in particular: issuing a passport of a citizen of Ukraine and delivering documents directly to its territorial bodies; pasting a photo into the passport of a citizen of Ukraine upon reaching 25 and 45 years of age.
At the same time, the State Migration Service of Ukraine clarified the following information:
1. Everyone who is on the territory of Ukraine must carry the following identity documents: passport of a citizen of Ukraine; passport of a citizen of Ukraine to travel abroad. For foreigners and stateless persons: permanent residence permit, temporary residence permit, refugee identity certificate, identity card of a person in need of additional protection.
2) While martial law is in effect, citizens of Ukraine, foreigners and stateless persons have limited access to exchange of documents proving: identity, confirmation of citizenship of Ukraine or special status of the person.
3) Individuals may present an expired document or document to which the photograph has not been pasted in time an identity document.
On 18 March 2022, the State Migration Service of Ukraine reported that starting from 15 March 2022, territorial bodies and territorial subdivisions of the State Migration Service of Ukraine, which are located in safe areas where no active hostilities are taking place, resume work on providing administrative services, including using a passport of a citizen of Ukraine, foreign passport of the citizen of Ukraine, permanent and temporary residence permits. The State Migration Service of Ukraine will also paste photos into a passport of a citizen of Ukraine, extend the validity of a passport of a citizen of Ukraine to travel abroad and enter information about children, in particular, paste a child’s photo into a passport of parents, which allows citizens to cross the border freely.
Citizens who have lost documents or whose documents’ validity period has expired may apply to the designated body of the State Migration Service, which works in compliance with martial law (list of telephone numbers of the State Migration Service of Ukraine). The answers of the State Migration Service of Ukraine to the most frequently asked questions about documents are available here.
On 23 May 2022, the Administration of the State Border Guard Service of Ukraine clarified the procedure for leaving abroad for men who permanently reside, work, and have contractual obligations abroad.
Besides, On May 27, 2022, the State Migration Service of Ukraine announced that it was partially resuming the work of the online service “Electronic Queue”. As of June 2022, individuals can register in the electronic queue only to submit documents for obtaining a passport of a citizen of Ukraine and a passport of a citizen of Ukraine for travel abroad.
On 27 May 27 2022, the Government of Ukraine adopted Resolution No. 627 “Some Issues of Stay of Foreigners and Stateless Persons who Came to Ukraine to Work as a Correspondent or Representative of Foreign Media”, which greatly simplified the possibility of foreign journalists to stay in Ukraine.
This means that for the period of martial law and within 30 days after its abolition or termination, to foreigners and stateless persons who have arrived in Ukraine for work by correspondents or representatives of foreign media, no restrictions established by paragraph 2 of the Order on extension of stay and extension or reduction of the temporary stay of foreigners and stateless persons in the territory of Ukraine, approved by the CMU Resolution No. 150 of 15.02.2012, shall be applied regarding the terms of temporary stay in the territory of Ukraine. However, foreign journalists shall undergo an accreditation of media representatives during the legal regime of martial law. According to the resolution, the Ministry of Defense will constantly inform the State Border Guard Administration and the State Migration Service about representatives of the media that in due course have been accredited.
At the same time, as of 1 June 2022, the legislation does not provide for any changes regarding the automatic extension of validity of residence permits for foreigners and stateless persons in Ukraine. This means that the relevant categories of persons need to monitor the expiration of residence permits in Ukraine and, if possible, submit the necessary documents in advance to extend their validity to the authorized migration authorities.
It should be remembered that the procedure for extending the period of stay and extending or reducing the period of temporary stay of foreigners and stateless persons on the territory of Ukraine is established by the Resolution of the Cabinet of Ministers as of 15 February 2012 No. 150.
On 28 July 2022 the Law of Ukraine No. 2471-IX came into force, providing citizens of Poland (as well as their spouses and children, regardless of citizenship) with the right to temporary stay on the territory of Ukraine for 18 months. Citizens of Poland are also granted a right to extend their right to stay by obtaining a residence permit (enrollment to the higher education institution, conclusion of a labor agreement (contract)).
Citizens of Poland are also granted rights to:
– be employed without obligation of prior obtainment of work permit;
obtain social benefits, incl. cases of incapacity for work, unemployment, disability, etc.;
– receive medical assistance with the same rights as provided for citizens of Ukraine;
– register as a taxpayer, obtain the taxpayer registration number;
– conducting business activities on the territory of Ukraine with the same rights as citizens of Ukraine, etc.