In the modern world, international marriages are a common occurrence. People meet through social networks while being hundreds or thousands of kilometers away from each other, travel between countries more than ever in history, and, of course, create families. It’s hard to name a developed country where marriage isn’t considered a basis for family reunification documents. Ukraine is no exception and also provides the opportunity for foreigners to obtain permanent residency in Ukraine by marriage.
Who Can Apply for Permanent Residency in Ukraine by Marriage
The issue of obtaining permanent residency in Ukraine is regulated by the “Immigration Law.” According to Article 4 of the Law, the right to obtain permanent residency in Ukraine by marriage is granted to:
- Foreigners who have been in an officially registered marriage with a Ukrainian citizen for more than 2 years. It is worth noting that the marriage must be officially registered. Cohabitation, regardless of its duration, is not a basis for obtaining residency documents in Ukraine, as it may be in other countries. A marriage registered in another country, despite common misconceptions, is a basis for obtaining residency documents in Ukraine, and there is no need to remarry in Ukraine.
- Foreigners who have been living with an immigrant, i.e., a foreigner who already has permanent residency in Ukraine, for more than 2 years. This norm was introduced in June 2023 and is aimed at combating illegal immigration to Ukraine since foreigners often sought an immigrant partner for quick permanent residency. Now, regardless of whom the foreigner married, they must wait for 2 years to obtain permanent residency through marriage.
With the introduction of this norm, it is evident that the legislator did not consider the interests of a foreigner who wishes to reunite with an immigrant in Ukraine because if one spouse already has permanent residency, the other cannot apply for residency documents until the marriage reaches the 2-year mark. Temporary residency permits can only be obtained when reuniting with a foreigner who also has a temporary residency permit, and if one of the couple’s PRP and marriage are less than two years old, the other spouse cannot apply for any residency documents based on family reunification. In our opinion, this violates the rights of foreigners, including the right to family. Let’s see if the situation changes over time. To resolve it, it is sufficient to add only one point to Article 4 of the Ukrainian Law “On the Legal Status of Foreigners and Stateless Persons” and specify that the right to a temporary residency permit is granted to foreigners who are married to an immigrant (a foreigner with permanent residency).
How to Obtain Permanent Residency in Ukraine by Marriage
The process of obtaining permanent residency in Ukraine, regardless of the basis, begins with obtaining an immigration permit. This document is the main one in the process, and without it, it is impossible to obtain a PRP card.
The process can be divided into the following steps:
- Document preparation. You need to collect a package of documents for obtaining an immigration permit. The documents depend on the basis. Usually, reuniting with an immigrant requires a much larger package, and the process of reuniting a foreigner with an immigrant is more complicated.
- Submission of the immigration permit application. Submission always takes place in person because biometrics are taken. Documents cannot be submitted by proxy. The other spouse, who is the host party, must be present at the submission. Applying for an immigration permit is the basis for extending the stay in Ukraine during the consideration period.
It is worth noting that documents can also be submitted through Ukrainian consular offices abroad. In this case, the document processing time will be longer. The standard processing time is up to 6 months. During the document review, an interview and testing are conducted.
- Opening a D-01 visa, exchanging a temporary residency permit for a permanent one, or coming to Ukraine to apply for a PRP card (permanent residency card in Ukraine).
Opening a visa may be necessary if the foreigner is from a visa country. It is worth understanding that a D visa is also valid for citizens of the EU, the USA, and the UK, despite the fact that citizens of these countries usually do not need a visa to enter Ukraine.
Exchanging a temporary residency permit for a permanent one may be applied if the foreigner already resides in Ukraine on a temporary residency permit. In this case, there is no need to apply for a D-01 visa. It is enough to apply to the State Migration Service with an exchange application.
Arriving in Ukraine to apply for a PRP card without obtaining a D-01 visa may be necessary if the foreigner is a citizen of one of the following countries: Belarus, Moldova, Georgia, Armenia, Azerbaijan, Uzbekistan.
Conclusion
Permanent residency in Ukraine by marriage is a quite popular basis for obtaining residency documents. Ukrainian legislation is loyal to foreigners wishing to obtain permanent residency by marriage and allows obtaining a PRP card after only 2 years of marriage to a Ukrainian citizen or an immigrant foreigner. However, it is worth noting that over the past few years, legislation and checks have tightened to avoid fictitious marriages and illegal legalization.
The application process varies and depends on the specific situation of the foreigner. Documents can be submitted both while staying in Ukraine and abroad. Therefore, for a successful procedure, it is advisable to consult experienced migration lawyers.
If you wish to obtain permanent residency in Ukraine by marriage or are interested in other immigration grounds to Ukraine and EU countries, feel free to contact us. We will be happy to help!
