How the war has changed the realities of foreigners’ stay in Ukraine – article by Volodymyr Misechko for Kyiv Post

The full-scale armed invasion of the Russian Federation has fundamentally changed the life of Ukraine, and migration policy is also a sphere that it has inevitably affected. The state is trying to find a balance between security challenges and the need to remain open to friends, partners, volunteers and investors. Migration legislation has adapted to the realities of martial law, forming a system of rules that foreign citizens and stateless persons who plan to visit Ukraine or are already staying here must understand.

The road to Ukraine: transit and features of border crossing

Due to the closed airspace, the only way to get to Ukraine is by land transport, which creates the first legal peculiarity: the path of a foreigner runs through neighbouring countries, most often through Poland, Slovakia, Hungary, Romania (EU and Schengen countries) or Moldova.

Foreigners traveling from third countries often need a Schengen or Moldovan transit visa. It is necessary to obtain a type «C» visa, that is, specifically for short-term stay for the purpose of transit. A type «A» visa, which gives the right to stay only in the airport transit zone, is not suitable. A type «C» visa allows a stay in Schengen countries of up to 90 days within a 180-day period, which fully meets the needs of most travellers.

At the same time, the presence of a transit visa does not cancel the need to obtain a Ukrainian visa, if it is required for citizens of a specific country. Current information about the visa regime can be found on the website of the Ministry of Foreign Affairs of Ukraine.

At the same time Ukraine continues to comply with visa-free agreements with 149 countries of the world. That is, citizens of these countries are allowed to stay in Ukraine for up to 90 days within a 180-day period without the need to obtain a visa. And citizens of Turkey and Georgia may enter Ukraine on the basis of internal ID cards instead of international passports.

To stay in Ukraine for more than 90 days within a 180-day period, a foreigner, as before, needs a legal ground and, in most cases, the obtaining of a long-term type «D» visa before entry. This visa is included in the list of documents for further issuance of a temporary residence permit.

Who may be denied entry?

Despite the loyalty to foreigners who support Ukraine, border control remains strict. Citizens of the russian or belarus fall under additional restrictions. Grounds for denial of entry are regulated by Article 13 of the Law of Ukraine No. 3773-VI «On the Legal Status of Foreigners and Stateless Persons» dated 22.09.2011.

The most common reasons for refusal are:

Threat to national security or public order;
Absence of necessary documents for entry or border crossing;
Submission of false information or forged documents;
Significant violations during previous stay on the territory of Ukraine.

The decision on refusal of entry into Ukraine is made directly at the border checkpoint with an indication of the reasons. At the same time, it should be taken into account that, unlike an entry ban, such a decision is one-time.

Obligations and restrictions during foreigner’s stay in Ukraine

While staying in Ukraine, foreigners are obliged to strictly comply with its legislation, as well as the rules established in connection with martial law:

For citizens of countries with a visa-free regime, the 90/180 rule continues to apply, a stay of no more than 90 days within any 180-day period. Exceeding this period without obtaining a residence permit is a violation.
In all regions of Ukraine, except Zakarpattia region, a curfew has been established. Staying on the streets and in public places during this time without a special pass is prohibited.
It is necessary to respond to air raid signals, take care of one’s safety and go to a shelter in case of threat.
Representatives of the Armed Forces, Territorial Recruitment Centres, National Police, etc. check documents, in particular, at checkpoints. Foreigners should always carry their passport document and residence permit (if available) and treat such checks with understanding.

Simplifications for foreigners introduced during martial law

Firstly, one of the most important innovations is the validity of expired residence permits.

According to Resolution of the Cabinet of Ministers of Ukraine No. 1202 dated October 28, 2022, temporary and permanent residence permits, the validity of which expired or which were subject to exchange after February 24, 2022, remain valid for the period of martial law and for 30 calendar days from the day of its termination or cancellation. This means that foreigners with such documents continue to stay legally on the territory of Ukraine.

However, this rule does not apply to citizens of the russian federation. A residence permit may be cancelled if the grounds for its issuance have disappeared or for other reasons defined by law. The validity of the document can be checked using the online service on the website of the State Migration Service by entering its series and number, in order to avoid fraud.

Secondly, this is the simplification of salary requirements.

Before the full-scale invasion, for the employment of a foreigner (obtaining a permit for the use of labor), one of the requirements was the payment of a salary in the amount of at least ten minimum wages. The Law of Ukraine No. 2623-IX «On Amendments to Certain Laws of Ukraine Regarding the Employment of Foreigners and Stateless Persons in Ukraine and the Provision of Employment Mediation Services Abroad» dated September 21, 2022, abolished this requirement. Now foreigners are subject to the same requirements regarding the amount of salary as citizens of Ukraine.

At the same time, the very procedure of obtaining a work permit remains mandatory. Moreover, the process may last longer, as it includes the stage of verification of the person by the Security Service of Ukraine (SBU). Within the framework of verification, a foreigner may be summoned for an interview. A permit is not required only for certain categories of persons, in particular those who have a permanent residence permit, refugees, accredited journalists, professional athletes and others.

Conclusions

The migration legislation of Ukraine is a flexible mechanism that adapts to the unprecedented challenges of war. On the one hand, security checks, in particular by the SBU, have been strengthened, and strict border control is preserved. On the other hand, significant simplifications have been introduced for foreigners who are already staying in Ukraine and/or wish to work here.