New rules for extension of the stay period for foreigners and stateless persons in Ukraine

On September 12, 2023, the Cabinet of Ministers of Ukraine approved Resolution No. 979, which, in particular, approves the new Procedure for extending the period of stay and temporary residence, extending and shortening the period of temporary stay of foreigners and stateless persons on the territory of Ukraine.

In this article, we will look at what changes have occurred and how a foreigner can now obtain an extension of his stay in Ukraine.

1. The main positive change is that provision of documents to confirm residence address no longer need

Previously, in order to submit documents to extend the period of stay, a foreigner, in addition to the host party, had to bring to the Migration Service the owner of the housing providing him/her with a place of residence. The owner had to take the original documents of ownership. If the housing was owned by several people, then the presence of all owners with documents was necessary. There was also the option to bring the owner’s written consent certified by a notary to the submission, but you still had to provide the originals of the ownership documents for the housing.

This created great obstacles for foreigners, because it is not always possible to arrange for the owner/s to visit the Migration Service or obtain the necessary papers. This forced foreigners to buy addresses, which in turn created the preconditions for refusal to receive a stay extencion stamp for providing false information.

At the moment, there is no need to provide documents to the address.

2. The rule for submitting documents no earlier than 10 working days has been canceled

According to the old rules, it was possible to apply for an extension no earlier than 10 working days before the expiration of the period of stay. Now this restriction does not exist. However, the lower limit must still be observed - submit documents no later than 3 working days before the end of the legal period of stay.

3. A new list of grounds for extension has been approved

One can apply for an extension of stay on the following grounds:

• treatment, childbirth, caring for a sick family member;
• forced stop on the territory of Ukraine due to emergency circumstances;
• registration of inheritance;
• availability of grounds for obtaining a permanent or temporary residence permit;
• filing an application for an immigration permit or Ukrainian citizenship;
• other circumstances excluding the possibility of departure of a foreigner or stateless person.

4. It is allowed to submit documents when the legal term of stay is violated

If an application is submitted within the last 3 working days of the legality of stay - documents confirming the existence of grounds precluding the possibility of leaving the territory of Ukraine are attached to the application.

If documents are submitted in violation of the legality of stay - the application is accepted after the foreigner and the host party are brought to administrative responsibility, that is, payment of a fine.

5. If a foreigner has a debt to the state or legal entities/individuals of Ukraine, the extension will be refused

You can check whether a person is a debtor in the Unified Register of Debtors.

6. A procedure for extending temporary residence has been introduced

If a foreigner or stateless person applies for an exchange of a temporary residence permit later than 15 working days before the expiration of its validity, but no later than on the last day of the validity period of the permit, he/she, in parallel with the acceptance of documents for extending the validity of the permit, get the term of temporary residence in Ukraine extended.

In this case, the period is extended by no more than 15 working days. There is no need to add additional documents to the residence permit exchange application. A stamp about the extension is made in the foreigner’s passport. There is no fee for such an extension.

7. Checking the validity of the extension stamp via QR code

Anyone can check the validity of the stamp about the extension of the period of residence and the extension of the period of stay in the passport on the SMS website using the QR code applied to the stamp affixed by the Migration Service, if a positive decision on the extension is made.

8. A new approach to the extancion of stay

The new rules determine that the period of stay is extended:

• for the period necessary to consider the application for an immigration permit and obtaining a permanent residence permit or citizenship of Ukraine;
• or up to 180 days from the date of last entry - in all other cases.

9. One can appeal or re-apply for an extension within 10 days from the date of the refusal decision

Notification of refusal will be sent to the foreigner’s email address mentioned in the application form no later than within the next business day from the date of when decision is made.

If the circumstances due to which the extension of stay was refused change or are eliminated, provided the application deadlines are met, the application can be resubmitted.

10. The state fee for filing an application has been increased

Now the payment will be 268.5 UAH.

Need help prolonging stay in Ukraine? Contact us, our lawyers will help you!