Ukrainian migration law allows foreigners to extend their legal stay in the country. We will tell you who can extend the period, under what conditions and how to do it

Legal assistance on entry and stay in Ukraine

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The period of stay in Ukraine may be extended for foreigners who are citizens of states with a visa requirement, as well as stateless persons with a limited visa. Citizens of states with a visa-free entry procedure may temporarily stay in Ukraine for no more than 90 days within 180 days. In both cases, if a foreigner or a stateless person needs to extend their stay in Ukraine, they must submit an application and a set of documents to the State Migration Service.

Read this article to find out what documents allow foreigners to stay in Ukraine during the war.

How long can a foreigner stay in Ukraine without extending the period?

The period of stay of foreigners who are citizens of states with a visa procedure for entry, as well as stateless persons, is limited by the validity of the visa. In other words, a foreigner or stateless person may temporarily stay in Ukraine for the duration of the permitted period of stay provided by the visa, but not more than until the last day of the visa's validity. 

Citizens of states with a visa-free entry procedure may temporarily stay in Ukraine for no more than 90 days within 180 days, unless a different period is specified by international agreements of Ukraine. During the stay in Ukraine, the period of stay allowed to a foreigner (from a visa-free country) is calculated by the SMS officials by counting 180 days back from the day of control (the day on which the legality of the foreigner's stay in Ukraine is to be determined). A foreigner has not violated this period if he or she stayed in Ukraine for no more than 90 days within this 180-day period. 

What are the grounds for extending the period of stay?

The period of stay of foreigners and stateless persons temporarily residing in Ukraine (except for persons who, in accordance with parts four and five of Article 16 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”, are exempt from registration or registered with the Ministry of Foreign Affairs and its representative offices) is extended by the SMS and its territorial bodies if there are reasonable grounds.

Such grounds may include:

– medical treatment;

– childbirth;

– caring for a sick family member;

– forced stay on the territory of Ukraine due to emergency circumstances;

– registration of inheritance;

– grounds for obtaining a permanent or temporary residence permit;

– submission of an application for an immigration permit or acquisition of Ukrainian citizenship;

– as well as other circumstances that make it impossible for a foreigner or stateless person to leave Ukraine) and, subject to the submission of supporting documents, for the period of existence of such grounds.

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How do I apply for an extension of my stay in Ukraine?

The documents are submitted to the State Migration Service of Ukraine or the territorial bodies of the State Migration Service of Ukraine, territorial subdivision of the SMS. An application for extension of the period of stay on the territory of Ukraine is submitted in person by an adult capable foreigner or stateless person or a legal representative of an adult incapacitated person and the host party to the territorial body/territorial unit of the SMS at the place of stay of the foreigner or stateless person no later than three business days before the expiration of the established period of stay on the territory of Ukraine.

If a foreigner or stateless person submits an application in violation of the above deadlines, but before the expiration of the established period of stay in Ukraine, the application must be accompanied by documents confirming the existence of grounds that make it impossible for them to leave the territory of Ukraine.

Documents to be submitted to receive the service:

– Application for extension of the period of stay in the territory of Ukraine.

– Documents confirming the existence of grounds for further stay on the territory of Ukraine.

– Valid passport document of a foreigner (or passport documents - in case a foreigner has simultaneous citizenship (nationality) of several states (multiple citizenship) or a document certifying a stateless person).

– Passport (passport document) of the host party (individual) or representative of the host party (legal entity).

– Documents confirming the availability of sufficient financial security to cover the costs associated with the stay of a foreigner or stateless person in Ukraine, or relevant guarantees from the host party.

– A document confirming the payment of the administrative fee or a document on exemption from its payment.

The administrative fee for the service is UAH 302, and the processing time is 3 days. 

If a foreigner or stateless person violates the established period of stay on the territory of Ukraine, the application is accepted after bringing the foreigner or stateless person and the host party to administrative responsibility.

A copy of the decision to refuse to extend the period of stay, indicating the reasons for the refusal, is sent to the foreigner or stateless person by personal e-mail no later than the next business day after the date of its adoption.

If you need advice on migration issues, please contact Visit Ukraine lawyers. Our specialists will answer all your questions, help you with solving urgent issues, collecting, submitting and receiving documents, and, if necessary, appealing against previously issued decisions. To order a consultation or full legal support, please follow this link.

For more information, please contact the Visit Ukraine hotline (Telegram | WhatsApp).

We remind you! Migration legislation defines not only the rights and obligations of foreign citizens and stateless persons in Ukraine, but also the penalties for non-compliance with the established norms. Read what liability for violations is provided for by the law of Ukraine in our previous article.