Residence permit in Ukraine on marriage ground

A residence permit is a document that confirms the right of a foreign citizen, is in Ukraine legally, for a long time and does not depend on the visa or a stay of 90 days, in cases of visa-free regime.

The legislation of Ukraine provides various grounds for obtaining it. One of the most common grounds for a residence permit is marriage. Today, marriages between representatives of different countries are very common and our country is no exception. Many Ukrainians are married to citizens of other countries. Also, there are many foreigners who are married to each other and temporary or permanent residence in Ukraine. On the basis of marriage, depending on the situation, you can issue either a temporary residence permit or a permanent residence permit. Let's consider in more detail how it is possible to issue a temporary and permanent residence permit in Ukraine on the basis of marriage and what is needed for this.

Residence permit in Ukraine on the basis of marriage with a citizen of Ukraine

A foreigner who has just married a citizen of Ukraine can issue a temporary residence permit for a period of 1 year with the possibility of further exchange (extension) an unlimited quantity of times if the marriage is not terminated.

Obtaining a temporary residence permit in this case has its own characteristics:

1. If the marriage between a foreigner and a citizen of Ukraine was concluded on the territory of Ukraine, then in order to apply for a residence permit, a foreigner must leave Ukraine, obtain a long-term D-13 visa at the Ukrainian consulate (family reunification with Ukrainian citizens (by marriage), and to enter with it in Ukraine. If the marriage took place in another country, the foreigner must also apply for a visa. In case of absence of the visa documents for registration of the residence permit at you will not accept. Exceptions are 7 countries with which Ukraine has a completely visa-free regime (Armenia, Azerbaijan, Belarus, Georgia, Uzbekistan, Moldova, Russia), representatives of these countries should leave Ukraine and enter back after marriage, without a visa.
2. If the marriage was concluded abroad and the marriage certificate is issued by the authorized authorities of another country, then such a marriage certificate must be legalized in the manner prescribed by law, translated into Ukrainian and notarized signature of the translator.
3. Together with the documents it is necessary to submit a copy of the passport of the citizen of Ukraine with whom the foreigner is married.

According to the legislation, the original of the passport is presented by the citizen of Ukraine personally during submission of documents so presence of both spouses is obligatory.

Along with these documents, the foreigner submits documents that are common to any residence permit: translation of a passport, photographs, health insurance policy.

When the marriage between a foreigner and a citizen of Ukraine will reach 2 years old, the foreign citizen has the right to apply for a permanent residence permit.

Temporary residence permit in Ukraine on the basis of marriage to a foreigner

Temporary residence permit based on marriage a foreign citizen has the right to receive a spouse of a foreign citizen who arrived in Ukraine for temporary residence, for example in connection with work, and has already received a temporary residence permit in Ukraine.

The peculiarity of this category is the following:

1. As in the previous case, it is necessary to obtain a long-term visa, only this time - D-14 (family reunification with individuals who have a residence permit in Ukraine), and enter it in Ukraine, except for the countries we mentioned earlier, representatives of these countries you just need to enter Ukraine.
2. The marriage certificate, as in the previous case, must be legalized in the prescribed manner and translated into Ukrainian.
   It is also necessary to submit a document on the availability of sufficient financial security of the other part. This can be a certificate of employment of the spouse or a notarized statement of financial security.
3. A copy of the residence permit of the spouse to whom the foreigner came. The original document is presented personally by its owner.
4. On the same basis (family reunification with persons who have a residence permit in Ukraine), it is possible to issue a residence permit to other family members of a foreigner - minor children who came to the parents or incapacitated parents of a foreigner.
5. In this case, instead of a marriage certificate, documents are submitted confirming the relationship with a foreigner who has a residence permit.

It is not possible to obtain a permanent residence permit on this basis.

Permanent residence permit for marriage to a citizen of Ukraine

A foreigner who has been married to a citizen of Ukraine for more than 2 years has the right to obtain an immigration permit to Ukraine and a permanent residence permit in Ukraine. This procedure is more complicated than the procedure for obtaining a temporary residence permit.

It takes place in two stages:
1) obtaining an immigration permit to Ukraine;
2) getting of a permanent residence permit.

The law allows for the issuance of an immigration permit for 1 year from the date of submission of documents, but in practice it takes from 4 to 12 months. We have considered the peculiarities of obtaining this permit in a separate article, which is devoted to the issue of obtaining an immigration permit. It is impossible to obtain a permanent residence permit without passing this stage.

The foreigner has to collect the necessary package of documents to obtain an immigration permit and submits it to the migration service. If you need help in this case, the lawyers of our company will be happy to help you with this. The documents are submitted to the relevant Migration service unit according to the place of registration of the foreigner for a temporary residence permit (or at the place of future registration). Documents are submitted only personally by a foreigner. The following documents will be required to apply for immigration through marriage to a citizen of Ukraine:

• a copy of the foreigner's passport with a translation into Ukrainian;
• 3 photos 3.5x4.5 cm;
• a document confirming the place of residence in the country of citizenship with a translation into Ukrainian and, if necessary, legalized in the prescribed manner;
• marriage certificate - legalized in the prescribed manner and translated into Ukrainian if necessary;
• a copy of the passport of the spouse of a citizen of Ukraine;
• certificate of no criminal record from Ukraine.

Once a foreigner has obtained an immigration permit, he or she can apply for a residence. He will need it to submit documents to the residence:

• translation of the passport into Ukrainian, with a notarized signature of the translator;
• availability of visa D-01 (immigration) if necessary;
• a copy of the immigration permit.

A permanent residence permit is issued for 10 years.

Every 10 years, a foreigner will have to exchange it for a new one.

Permanent residence permit with marriage to a foreigner who has an immigration permit

Obtaining a permanent residence permit on the basis of marriage to a foreigner is possible only if one of the spouses already has an immigration permit in Ukraine.

In this case, as in the previous one, it is initially necessary to obtain an immigration permit to Ukraine and only after that you can apply for the get a permanent residence.

Obtaining an immigration permit for this category of foreigners is more difficult than in the previous case of marriage to a citizen of Ukraine, as it belongs to the quota category. This means that the number of foreigners who can apply on this basis is limited. At the beginning of each year, the Cabinet of Ministers of Ukraine sets a quota of foreigners who can apply on this basis. If the number of foreigners who can apply this year has already been reached, then you will have to wait for next year and the establishment of a new quota. In the case of marriage to a citizen of Ukraine, there are no such restrictions, but there is a condition of staying married for more than two years.

The number of documents that must be submitted for an immigration permit is also higher. It is added to the documents we mentioned above:

• certificate of no criminal record from the country of citizenship legalized in the prescribed manner and translated into Ukrainian;
• translation of the spouse's passport into Ukrainian and a copy of his permanent residence permit;
• a notarized statement from the spouse that he will provide sufficient financial security;
• medical certificates on the absence of infectious diseases;
• documents for housing at the place of future registration.

After a foreigner receives an immigration permit, he submits documents for the get of a permanent residence in the same way as in the case of a marriage with a citizen of Ukraine. The list of documents that are submitted to the permanent residence is consistent in both cases.

Also, no matter what residence permit you apply for, do not forget about the deadlines set by law for their submission. Documents for registration of a temporary residence permit, permanent residence permit, exchange of both temporary and permanent residence permits, must be submitted no later than 15 working days before the end of the official period of stay in Ukraine.

In this article, we have considered the features of obtaining a residence permit on the basis of marriage, but of course each situation is individual and may have its own characteristics. If you are planning a long stay in Ukraine, and paperwork is difficult, take care of it in advance, do not do it yourself, trust our professionals, and you will receive the best quality service.

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