¿Qué hacer si el pasaporte o permiso de residencia de un extranjero en Ucrania ha expirado?

Vivir en Ucrania con documentos expirados puede llevar a problemas serios. Descubre qué hacer si tu pasaporte o permiso de residencia ha expirado, cómo actuar en diferentes situaciones y qué peculiaridades existen para ciudadanos de diferentes países

Asistencia legal sobre entrada, estancia y legalización en Ucrania para extranjeros

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In today's reality, foreigners living in Ukraine often face the problem of expiration of important documents. This is confirmed by regular requests from foreign citizens to Visit Ukraine lawyers. So what should you do if your passport or residence permit has expired? Let's look at all the nuances further in the article.

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Does a residence permit in Ukraine expire when a passport expires?

Many foreigners are concerned about the question: does the residence permit become invalid if the passport expires? The answer is unequivocal: no. Ukrainian legislation does not provide for the invalidation of a permanent residence permit due to the invalidity of a foreigner's passport.

However, it is worth noting that living in Ukraine without a valid passport is a violation of Article 4, paragraph 22 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”. This law obliges foreigners and stateless persons who are legally residing in Ukraine to have a valid passport document.

It is important to understand! If you have an expired foreign passport, lawyers will not be able to help you obtain or extend a residence permit. To get it, you first need to solve the problem with the expired document. After all, having a valid foreign passport is one of the conditions for obtaining a residence permit in Ukraine. We will explain how to act in such a situation below.

Is there a fine for an expired foreign passport in Ukraine?

This violation may result in an administrative penalty in the amount of UAH 1700 to UAH 5100. As a rule, Article 203 of the Code of Administrative Offenses, “Violation by Foreigners and Stateless Persons of the Rules of Stay in Ukraine and Transit through the Territory of Ukraine”, is applied in case of residence in Ukraine with an expired period of stay or with invalid certificates. However, theoretically, a similar fine may be imposed if a foreigner's passport document is overstayed.

What to do if your residence permit in Ukraine has expired?

If your residence permit has expired, your further actions depend on several factors:

1. General rules: According to the Resolution of the Cabinet of Ministers of Ukraine No. 1202 of 21.10.2022, residence permits that expired after 24.02.2022 remain valid for the period of martial law in Ukraine and for 30 days after its end. You can reside and enter Ukraine with these permits. Important note: Such permits must be exchanged for new ones within 30 days from the date of the end of martial law.

2. Rules for citizens of the russian federation: The above rules do not apply to citizens of the russian federation. There are special rules for them, depending on the category to which they belong.

Peculiarities of obtaining a residence permit in Ukraine for citizens of the russian rederation

For certain categories of russian citizens, there is a special procedure for extending the validity of a residence permit. This applies to the following categories of persons:

- Close relatives of Ukrainian citizens (full siblings, parents, grandparents, grandson/granddaughter, as well as the immigrant's spouse (provided that the marriage lasts more than 2 years) and his/her minor children);
- Persons who have served in the Armed Forces of Ukraine for three or more years;
- Guardians or trustees of Ukrainian citizens;
- Citizens whose immigration is of national interest to Ukraine.

Such persons must apply in a timely manner (within 30 days from the date of their 24th or 45th birthday or the date of change of personal data) to the Migration Service department at their place of residence to exchange their residence permit.

If the deadline has been missed, a fine must be paid at the department of illegal migration of the SMS at the place of residence and a protocol and paid fine must be submitted for the exchange of the residence permit.

Please note! If such persons are abroad, they will first need to obtain a visa to enter Ukraine.

There is no special procedure for other categories of immigrants with russian citizenship. Their documents will not be considered until the end of martial law or until a special law is adopted that will regulate the legal status of persons associated with the russian federation.

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What should I do if both my passport and residence permit are overdue?

The situation when both passport and residence permit are overdue is the most difficult. In this case:

1. It is impossible to exchange (extend) a permanent residence permit without a valid passport.
2. The only way out is to apply to the representative office of the state of your citizenship and obtain a new passport or a certificate of return to your country.
3. After obtaining a new passport in the country of citizenship, you must return to Ukraine.

The procedure for returning to Ukraine

- If the deadline for applying for a residence permit exchange was after 02/24/2022, you will be able to return with a new passport and an old residence permit.

- If the deadline is before this date, take into account the visa regime. In the absence of a visa-free regime between Ukraine and your country of citizenship, you will not be allowed to enter the country with an expired residence permit without a visa.

Important: These rules do not apply to citizens of the russian federation and Belarus. Currently, there are no representative offices of these countries in Ukraine, which means that it is impossible to extend or obtain a new passport document. In this case, it will also be impossible to cross the border of Ukraine even to leave.

The only option is to wait for changes in national legislation that will regulate the legal status of persons in such cases or make it possible to obtain a national passport document remotely.

Actions after obtaining a new passport and returning to Ukraine

After receiving a new passport, you should:

1. Notify the Migration Service in writing within three business days (in accordance with the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”).
2. Apply to the SMS at the place of residence and submit a new passport and its translation into Ukrainian, certified by a notary, to put a mark on the receipt of the certificate in the new passport document.

Important: although there are no sanctions for violating these rules, it is recommended not to abuse the loyalty of the migration service and always keep your documents up to date as required by law.

Living in Ukraine with expired documents can create serious problems for foreigners. It is important to renew your passport and residence permit in a timely manner. In case of difficult situations, it is recommended to seek advice from migration law specialists who will help you find the best solution within the framework of Ukrainian legislation. To order a consultation with Visit Ukraine lawyers, please follow the link.

We remind you! To move to Ukraine, a foreigner must obtain the appropriate documents, because without them the period of stay will be limited to a certain number of days. We tell you what grounds there may be for legal long-term stay in Ukraine, what documents are needed for this and how to obtain them.

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