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If you need help with a question not listed below, please let us know. We may be able to assist. We are always looking to fill the gaps and ensure everyone has access to migration law advice.
We help
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The main direction of our legal activity is the protection of the rights of Ukrainian citizens and foreigners from violations by the State Migration Service of Ukraine.
Over the years, much has changed in the field of public administration, but phenomena of inefficiency in officials' decisions and bureaucracy, compliance with meaningless instructions from top management remain constant.
The lawsuit statistics of our migration practice indicate that the most common administrative violations currently include cases of the heads of territorial authorities (divisions) of the State Migration Service making the following unjustified decisions:
cancellation of immigration permits and recognition of permanent residency permits as invalid;
cancellation of decisions on acquiring Ukrainian citizenship, recognition of citizenship passports as invalid, and/or passport confiscation;
refusal (delays) in processing immigration permits to Ukraine;
refusal (delays) in processing temporary residency permits in Ukraine;
decision on entry ban to Ukraine or forced return (deportation);
refusal to exchange Ukrainian citizenship passports.
With some exceptions, heads of state territorial authorities and divisions of the State Migration Service of Ukraine are unwilling to listen to statements, reasoned arguments, and explanations. Officials rarely refer to the European Convention on Human Rights and Fundamental Freedoms, the practice of the European Court of Human Rights, are unaware of the balance of interests, and are indifferent to the possible severity of consequences for individuals resulting from the acts of individual action.
The only argument in disputes with subjects of authoritative powers remains and has been the court decision recognizing the unlawful conduct with the prospect of further personal responsibility of the specific official.
We have enough of such decisions. Almost all of them record the unlawful inaction of heads of territorial authorities of the State Migration Service of Ukraine and oblige certain actions to be taken by the court, aimed at restoring the rights of the individuals we represent.
We are creating relevant judicial doctrine in the field of migration law and constantly improving it.
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We provide qualified legal protection to citizens in connection with their being held accountable for the following offenses:
violations of legislation regarding the legal status of foreigners and stateless persons;
illegal assistance to foreigners or stateless persons in evading departure from Ukraine;
illegal crossing or attempted illegal crossing of Ukraine's state border;
failure to fulfill obligations as the receiving party;
exceeding the permitted period of stay on the territory of Ukraine by a foreign citizen.
Indeed, almost every person has committed administrative offenses in their life, but holding a person accountable for a violation in the field of migration legislation can significantly complicate their legal position or hinder lawful expectations in the future. We especially advise foreign citizens to be mindful of legal caution, since decisions on entry bans to Ukraine or refusals from the migration service to process documents may be associated with the aforementioned circumstances.
If you have been summoned to compile a protocol on an administrative offense or detained by law enforcement officers on the street, please contact us by phone +38 (093) 032-48-74 or +38 (063) 365-04-65 at your earliest convenience.
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You can contact us if you need professional assistance with the following issues:
acquire Ukrainian citizenship;
obtain immigration permits to Ukraine;
apply for permanent/temporary residency;
extend the duration of the stay in Ukraine;
obtain stateless person status;
obtaining documents on the termination of previous citizenship after acquiring Ukrainian citizenship.
Together with you, we will determine the grounds for application, prepare the necessary documents, and provide assistance for personal submission to the territorial office (division) of the migration service. It's only natural to speculate why the presence of an experienced lawyer alongside the client results in minimal refusals or unpleasant surprises.
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Obtaining documents from civil registration authorities
Obtaining new or duplicate documents issued by the Civil Registry Office is common nowadays. Often, this necessity arises from the loss or damage to documents, but there can be other reasons, such as the need to document the grounds for immigration or citizenship, replacing Soviet-era documents with modern ones, etc.
Upon your request, we will obtain duplicates of the following documents for you:
birth certificate;
marriage certificate;
death certificate;
name change certificate;
archival birth certificate.
In addition to these certificates, you can order an extract from the corresponding civil status record in full or shortened form.
In the event that the civil status record has not been preserved (or only partially preserved) or contains discrepancies with other personal documents, acting on your behalf, we will take care of making additions, corrections or restoring it.
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Termination of Ukrainian Citizenship
Ukrainian citizenship is a legal bond between an individual and Ukraine, expressed in their mutual rights and obligations.
Article 17 of the Law of Ukraine «On Ukrainian Citizenship» lists the possible grounds upon which Ukrainian citizenship is terminated, namely, renunciation or loss.
For any of these grounds, the logic of our legislation and international treaties ratified by Ukraine regulating public relations in the sphere of citizenship termination are based on the following principles:
inability for a citizen to sever ties with the state quickly. The individual's will must be reflected in the consistent overcoming of legal obstacles, waiting, and performing certain actions;
previous citizenship can only be terminated after acquiring the next one;
the decision to terminate citizenship is exclusively made by the President of Ukraine.
Since Ukrainian citizenship can be terminated by renunciation or loss, it is important to understand the legal specifics of these procedures.
Termination of Ukrainian citizenship by renunciation:
the initiator is always the citizen or their representative;
permitted for individuals who have obtained the status of permanent residents abroad;
the application is submitted to Ukrainian diplomatic missions abroad;
there is a requirement to provide sufficient evidence of acquiring citizenship of another state.
Loss of citizenship:
the relevant procedure begins upon the recommendation of a competent authority of state power in Ukraine;
it is sufficient to receive official information indicating the voluntary acquisition of another citizenship;
it can occur without involving the citizenship holder and without considering their opinion.
We are compelled to note that in recent years, due to the difficult situation in the country, the migration policy implemented by competent authorities clearly encourages delaying the consideration of citizens' requests for acquiring and terminating Ukrainian citizenship.
A committee of the National Association of Lawyers of Ukraine on migration law has developed a protocol of representative actions on behalf of Ukrainian citizens who have decided to terminate their Ukrainian citizenship.
Together with you, we will plan the sequence of joint actions, determine and prepare the list of documents that would be expedient to use, and if necessary, ensure the personal presence of lawyers.
PLEASE NOTE
An individual who has renounced or lost Ukrainian citizenship in the established manner is not deprived of the opportunity to use the right to restore it in accordance with the established procedure.
free consultations
Not all legal issues require the paid consultation of a lawyer. To make it easier for you to access the information you need, below are brief answers to the most frequently asked questions that may interest you.
How can a foreigner obtain a Ukrainian passport?
A Ukrainian passport is an official document confirming a person's Ukrainian citizenship. Ukrainian citizenship can be acquired based on grounds defined by law. Let’s consider the main ones:
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By birth. Ukrainian citizenship is acquired in the following cases:
being born to parents who are Ukrainian citizens;
being born to one parent who is a Ukrainian citizen;
being born on the territory of Ukraine to foreigners or stateless persons (with the possibility of other variations in accordance with the law).
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By territorial origin. This applies to individuals who have a direct relative (son, daughter, father, mother, grandfather, or grandmother) born on the territory of Ukraine before August 24, 1991.
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As a result of naturalization. This includes marriage to a Ukrainian citizen lasting more than two years or continuous residence in Ukraine for three to five years, depending on specific circumstances. A person seeking Ukrainian citizenship must also meet additional requirements: recognition and compliance with the Constitution and laws of Ukraine, knowledge of Ukrainian history, having a legal source of income, proficiency in the state language, and obtaining an immigration permit to Ukraine.
The law also provides for other grounds for acquiring Ukrainian citizenship, including:
reinstatement of citizenship;
acquisition of citizenship due to one or both parents holding Ukrainian citizenship;
and other cases defined by law.
The procedure for acquiring Ukrainian citizenship is directly linked to the legality of a person’s stay in Ukraine at the time of applying for citizenship, as well as the commitment to renounce foreign citizenship in the future.
Depending on the established procedure for renouncing previous citizenship, as well as confirmed participation in the military defense of the state, Ukraine may recognize the following documents as sufficient proof of renunciation of foreign citizenship:
a certificate confirming the completion of the citizenship renunciation procedure in the previous country of citizenship;
a declaration of renunciation or change of citizenship.
Until the process of renouncing foreign citizenship is completed, a person who has acquired Ukrainian citizenship has the right to use only a temporary Ukrainian citizen’s certificate.
How to obtain a residence permit in Ukraine and what is the difference between temporary and permanent residence?
A residence permit in Ukraine is an official document confirming the right of foreigners or stateless persons to temporary or permanent residence in Ukraine. A residence permit can be either permanent or temporary.
A permanent residence permit is issued to individuals who have obtained immigration permission to Ukraine and grants them unlimited employment rights along with other benefits. To obtain immigration permission to Ukraine, a foreigner or stateless person must apply to the territorial office (department) of the State Migration Service with the relevant application and a set of documents confirming the grounds for its issuance. The immigration permit has no expiration date or validity conditions, while the residence permit itself must be renewed every 10 years.
Immigration permission can be granted to:
highly qualified specialists;
a husband or wife of a Ukrainian citizen or immigrant;
close relatives of Ukrainian citizens;
investors;
persons of Ukrainian territorial origin;
military personnel;
representatives of other categories defined by law.
A temporary residence permit is issued for a specified period, depending on the grounds for obtaining it. Below are the most common grounds:
employment – for the duration of the work permit;
marriage to a Ukrainian citizen – for 1 year;
education – for the entire study period.
It is worth noting that the rights of foreigners with a temporary residence permit are significantly limited compared to migrants who have obtained the right to permanent residence.
Important requirements for obtaining a residence permit:
Citizens of countries with a visa regime must obtain a long-term visa.
Documents for obtaining a residence permit must be submitted no later than 15 working days before the end of the allowed stay in Ukraine.