Ukraine – Temporary Residence Procedure

… below is a schedule for getting temporary residency and is what you have to do if you work here.

You can fly in and out with a briefcase / hold 2 passports / hide in a loft /  pay for false stamps or ….do it the right way – which is a pain – but necessary.

Out of the whole schedule the most critical issue is getting the “apartment contract / agreement that a foreigner can stay” agreed with your landlord and it being notarised as living somewhere in Ukraine without this is worthless if you want to follow the procedure correctly.

The schedule is up to date but will change in the next few months as the procedure for getting a Work Permit is changing (police records  – translation of documents etc). At the moment not even the legal companies know what is required and how so for now just follow the guidance below.

NB – “WE” means – the company;
NB 2 – I have removed the details of how much each part costs in legal fees and who we use… some parts we do in-house

I.   Ukrainian Tax ID (hereinafter – ID);
II.   Work Permit (for working foreigners);
III.   IM-1 visa(for working foreigners) or M-1 visa (for their wives, partners and children having the separate passport, and living in Ukraine with working expats);
IV.   Temporary residence certificate (for working foreigners);
V.   Registration with OVIR;
VI.   Dealing with Custom House.

I.   Ukrainian Tax ID

When to apply:       once, when a foreign citizen started to work, or is in Ukraine.
How long the process takes:       about 5 business days since application.

Documents to apply with:

–   Notarized PoA from a foregn citizen to a person entitled to obtain ;
–   Certified translation of the 1st page of passport.

II.   Work Permit (for working foreigners)

When to apply:    once, when a foreign citizen started to work, having his/her ID, then every year a month in prior the expire of current work permit.
How long the process takes:    about 2-3 weeks since application.

Documents to apply with:

1.   Application (prepared by law firm, we check data and sign);
2.   Substantiation (prepared by law firm, we check data and sign);
3.   List of foreigners (prepared by law firm, we check data and sign);
4.   Decree on foreigner or/and Employment Agreement certified by company (signature+seal);
5.   A short and simple CV of the foreigner indicating his higher education history and work experience (should be given to a law firm for documents preparation based on it)
6.   PoA on a person entitled to apply (representatives of a law firm);
7.   Minutes on the authorized company person in case of obtaining work permit for them certified by company (signature+seal);
8.   Copies of the education documents of the foreigner. These docs should certify the higher education only (Certificates, Diplomas etc, with translation certified by translation agency) certified by company signature+seal);
9.   Copy of the foreigners? passport and ID code certified by company (signature+seal)
10.   Company?s Tax clearance certificate (should be ordered at Tax authority at least 10 business days prior to applying for work permit, valid for 1 month);
11.   The report on free vacancies of company in standard form 3-PN (the accountants know this form 3-ПН). The report opens a vacancy for one foreigner only (should be ordered at least 10 days prior to applying for work permit, valid for 1 month).
12.   Payment order for the official duty
13.   Notarised copy of the Charter of company;
14.   Notarised copy of the Certificate on the registration of company;
15.   Notarised copy of the Statistics committee Certificate of the company;
16.   copy of the Minutes on the company?s Director and Financial Director (or another persons who act on behalf of the company and signs all the docs from the company in this procedure).

III.   IM-1 visa(for working foreigners) or M-1 visa (for their wives, partners and children having the separate passport, and living in Ukraine with working expats)
When to apply:    once a foreign citizen gets new or prolonged work permit.
How long the process takes:    up to 5 business days since application.

Documents to apply with:

1. For working foreign citizen:
– Application form;
– the original and a copy of Work Permit;
– 1 photo (some embassies demand 2);
– A copy of passport
 
2. For members of the family of working foreign citizen with separate passports:
– Application form;
– The invitation from working foreign citizen (optional but can be a required for an embassy if a spouse/partner/children are citizens of EU, or a must invitation from a company and shall be registered with OVIR, if not EU citizens) and a copy of it;
– Marriage certificate original + copy (or a correspondent agreement, if such is applicable under the laws of country of departure/citizenship);
– 1 photo (some embassies demand 2)
– a copy of passport (all pages would be better);
– Birth Certificate Original + Copy (for children);
– A copy of the page from passport where children are registered (in case when children are registered in their mother/father passport, not having separate one).

IV.   Temporary residence certificate (for working foreigners)

When to apply:       when a foreign gets IM-1 visa.
How long the process takes:       about 2 weeks since application + about 10 extra days after registration.

Documents to apply with:

1.   Application (2 counterparts) – (prepared by law firm, we check data and sign);
2.   Copy of the passport with official translation to Ukrainian;
3.   Copy of the visa in passport;
4.   Copy of the work permit;
5.   Copy of the ID;
6.   Certificate of police clearance ;
7.   Drug Certificate;
8.   Certificate of medical clearance (no infections found) ( normally done at AMC, tel. 490 76 00);
9.   Copy of the lease agreement;
10.   Certificate # 3 from housing agency (ZHEK) of the persons residing in the place (should be obtained by Landlord);
11.   Application of the adult co-inhabitants of the flat of their approval to temporary register the foreigner in the flat (should be obtained by Landlord);
12.   Copy of the insurance policy (covering the emergency medical treatment ? ?про надання екстреної медичної допомоги?) ? (normally done by a law firm);
13.   6 black and white photos of 3*4;
14.   Corporate documents of the Company:
a)        Certificate of registration (notarized copy);
b)        Certificate of registration with Statistics Committee (notarized copy);
c)        Charter (notarized copy);
d)        Certificate from the bank certifying that the bank account is active (letter of good standing order);
e)        Copy of the Certificate of the Company registration with OVIR.

OVIR:

–        issues a certificate of temporary residency;
–        terminates (cancels) all the visas issued by Ukrainian embassies or consulars;
–        cancels the registration of the factual residency in passport (if any have been);
–        puts a stamp indicating that the foreigner stays in Ukraine on the basis of the work permit and certificate of temporary residency.

After obtaining certificate of temporary residence from OVIR a foreigner applies to the local housing agency (ZHEK) with this Certificate and certified copy of lease agreement to obtain the stamp of the residency registration (?прописка?). Please note that specific documents and requirements are different in different ZHEKs and should be specified while applying;

Then a foreigner may leave and enter Ukraine without visa.

V.   Registration with OVIR

Please note: this is required if a foreign citizen is staying in Ukraine for more than 90 days and has no temporary residence permit. Therefore this procedure is necessary for wives/partners/children of the working foreign citizens with separate passports.

When to apply:    within 90 days after an applicant gets visa (in cases such an applicant leaves country during this period the total term of application can be such leave period longer).
How long the process takes:    up to 5 days since application.
Documents to apply with:

A.   For the working foreign citizens:

1.   application from the LLC;
2.   application from the foreign employee;
3.   2 photographs of the foreign employee, size 3,5 x 4,5 cm;
4.   copy of the work permit, certified with the corporate seal of the LLC;
5.   original and a copy of the passport of the foreign employee (the copy must be signed by the employee);
6.   original and a copy of the immigration card of the foreign employee (must be signed by the employee);
7.   notarized copy of the apartment purchase agreement or the apartment lease agreement, with the name of the foreigner indicated as the owner or the lessee, registered with the Municipal Residential Property Company (?ZHEK?). Alternatively, a notarized statement of the landlord certifying the landlord’s consent to temporary registration of the foreigner in the respective apartment can be submitted.

B.   For wives/partners/children of working foreign citizens:
1.   application from the foreigner;
2.   2 photographs of the foreign employee, size 3,5 x 4,5 cm;
3.   the original and a copy of the passport of the foreign employee (the copies must be signed by the foreigner);
4.   the original and a copy of the immigration card of the foreign employee (must be signed by the foreigner);
5.   a notarized copy of the apartment purchase agreement or the apartment lease agreement, with the name of the foreigner indicated as the owner or the lessee, registered with the Municipal Residential Property Company (?ZHEK?). Alternatively, a notarized statement of the landlord certifying the landlord’s consent to temporary registration of the foreigner in the respective apartment can be submitted;
6.   if the foreign person is married – notarized translation of the marriage certificate
7.   for children ? notarized translation of birth certificate.

VI.   Dealing with Custom House

When to apply:       once, when a foreign citizen gets a lease agreement and ID.
How long the process takes:    about 5 business days since application.

Documents to apply with:

8.   Copy of passport (1st page and border crossing stamp bearing page) authorized by company-employer stamp – 2 copies;
9.   Copy of Ukrainian tax ID number authorized by company-employer stamp – 2 copies;
10.   Copy of work-permit authorized by company-employer stamp – 2 copies (can be provided afterwards);
11.   Copy of work-contract authorized by company-employer stamp – 2 copies;
12.   Notarized power of attorney for customs broker;
13.   Application from the customer to customs – should be signed by the customer without putting any dates into it, the customs broker will fill it in during customs clearance
14.   Obligation from the customer to customs – 2 originals – it also should be signed by the customer without putting any dates, the customs broker will fill it in during customs clearance
15.   Letter from company-employer to customs
16.   Copy of company registration in the city administration authorized by company-employer stamp – 2 copies

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