Foreigners who served in the AFU for less than 3 years can legalize in Ukraine: how to get a residence permit or immigration permit

Foreigners who served in the Armed Forces of Ukraine for less than three years can stay in Ukraine legally. Find out who has this right and how to get a residence permit or immigration permit

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After the outbreak of full-scale war in Ukraine, many foreigners and stateless persons joined the Armed Forces, the National Guard and other defense units. Some of them stopped serving before the end of their contract, but now have a chance to legally reside in Ukraine. The Ministry of Internal Affairs has announced that such persons can apply for a temporary residence permit or even an immigration permit.

We will tell you who is eligible for these forms of legalization, what documents are required, and how the application procedure works.

Who can get a temporary residence permit after serving in the Armed Forces?

A temporary residence permit in Ukraine can be granted to foreigners and stateless persons who, during the period of martial law, provide or have provided assistance to the Armed Forces of Ukraine, the National Guard, the TRO, etc. for at least 6 months.

Family members of such servicemen, including spouses, minor children and parents in need of care, are also eligible for a temporary residence permit.

In what cases can a foreigner apply for a temporary residence permit?

The grounds for obtaining a temporary residence permit will depend on the status of the person:

● For foreign military personnel: submission by the Ministry of Defense or the Ministry of Internal Affairs of Ukraine on the basis of data on service or assistance to the defense forces, which are received by the department in accordance with the established procedure. In this case, submission of documents is possible even if the foreigner's passport is no longer valid (expired).

● For family members of military personnel: a contract for military service in the Armed Forces, State Special Transport Service, National Guard, and military ID or military registration document of the foreigner to whom the family member arrived.

Important: this procedure does not apply to persons who continue to serve in the Armed Forces, the National Guard or the State Special Transport Service.

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Immigration permit to Ukraine for foreign military personnel: who is eligible?

In addition to temporary residence, foreign military personnel can apply for an immigration permit - even if they have terminated their contract before the end of their three-year service. It should be noted that an immigration permit opens up the possibility of further applying for a permanent residence permit in Ukraine.

The conditions for applying are as follows:

● the person must be of state interest to Ukraine;

● the application is made by a Ministry or other central executive body (CEB);

● the basis is an official confirmation that the immigration of a particular person is in the public interest.

What are the benefits of an immigration permit?

After obtaining an immigration permit, a foreigner is entitled to:

● permanent residence in Ukraine

● official employment without restrictions

● social protection and medical care on the same level as citizens;

● apply for citizenship after the period specified by law.

In addition, family members of a person who has received an immigration permit and a permanent residence permit will also be able to apply for permanent residence in Ukraine.

Thus, the new rules provide a chance for foreigners who have shown courage and supported Ukraine during the war to stay in the country legally.

If you need assistance in explaining the new rules or collecting the necessary documents for legalization in Ukraine, please contact Visit Ukraine's migration lawyers for advice or support. Our specialists will answer all your questions and, if necessary, accompany you during the legalization of your status in Ukraine.

We remind you! Foreigners who have been recruited for military service in the Armed Forces of Ukraine have a legal right to stay in Ukraine. However, a number of requirements must be met in order to obtain citizenship. Read more about the rules of residence/acquisition of citizenship for foreign military personnel in Ukraine in our previous article.

Photo: Getty Images/Roslan Rahman

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