Does a foreigner who is on the territory of Ukraine need to register his / her place of residence?
What documents must be submitted for registration of a foreigner's place of residence and in what terms?
This article contains answers to these and other most common questions related to the registration of residence of foreigners in Ukraine.
First of all, the procedure for registration of residence of foreigners in Ukraine is regulated by the Law of Ukraine "On Freedom of Movement and Free Choice of Residence in Ukraine" and the Resolution of the Cabinet of Ministers of Ukraine "Rules of Registration of Residence and Procedure for Transfer of Information March 2016 №207.
Therefore, if a foreigner plans to stay in Ukraine for more than 90 days, it is necessary to register his place of residence. In this case, the foreigner must have a certificate of temporary or permanent residence in Ukraine (you can read more about the certificate at this link).
In accordance with paragraph 58-1 of the Procedure for registration, issuance, exchange, cancellation, transfer, withdrawal, return to the state, invalidation and destruction of a temporary residence permit, approved by the Cabinet of Ministers of Ukraine from 25.04.2018 № 322, a foreigner whether he has a certificate, is obliged to register his place of residence in the manner prescribed by the Law of Ukraine "On Freedom of Movement and Free Choice of Place of Residence in Ukraine".
Part 1 of Article 6 of the Law of Ukraine “On Freedom of Movement and Free Choice of Residence in Ukraine” stipulates the obligation of a foreigner permanently or temporarily residing in Ukraine to register his / her residence within thirty calendar days after deregistration and arrival at a new place of residence. place of residence.
Therefore, having received a certificate of temporary or permanent residence in Ukraine, a foreigner has 30 calendar days from the date of issuance of the certificate in order to register his place of residence in Ukraine. If a foreigner already had a registered place of residence, but withdrew from the registered place of residence, he is obliged to register his place of residence within 30 calendar days after deregistration of the place of residence and arrival at the new place of residence.
In general, the procedure for registration of a foreigner's place of residence lasts within three working days from the date of application and submission of all necessary documents. However, this issue should not be taken lightly, special attention should be paid to the collection and completion of documents, as well as timely application for registration of residence. In addition, registration of residence is important in the future, in case of need to exchange, make changes or cancel the certificate.
It should be noted that the documents for registration of residence can be submitted by a foreigner in person or through a representative who will act on the basis of a notarized power of attorney.
As of today, the bodies that register the residence of a foreigner are the executive bodies of the village, settlement or city council, the village head (if in accordance with the law the executive body of the village council is not formed) on the territory of the relevant administrative-territorial unit powers of the relevant village, settlement or city council. Today, the bodies that receive documents for registration of residence in the vast majority are the centers of administrative services, established under the relevant councils.
To register a place of residence, a foreigner submits the following package of documents:
■ Statement of the established form;
■A duly certified copy of the temporary or permanent residence certificate, which will include information about the place of residence. If a foreigner submits documents independently, the original certificate is provided for inspection;
■ Receipt of payment of the administrative fee (in case of registration of the place of residence at the same time as removal from the previous place of residence the administrative fee is charged only for one service);
■ Documents confirming the person's right to live in a dwelling (house, apartment, etc.). These may be documents on the right of ownership (extract of the right of ownership, certificate of ownership, information certificate from the State Register of Real Property Rights, etc.) court decision on granting the right to use the premises, lease agreement or other documents. If there are no such documents, registration can be carried out only with the consent of the homeowner (if there are several owners - with the consent of all owners). It is important that the owner of such housing is present when submitting documents for registration of residence of a foreigner, in order to personally confirm consent to registration;
■Application for deregistration of the place of residence of a person in the prescribed form (in case of registration of the place of residence simultaneously with deregistration of the previous place of residence);
■In the case of submission of an application for registration of residence by a foreigner by his representative, an additional document certifying the identity of the representative and a power of attorney.
The date of submission of the package of documents to the registration authority will be the date of registration of the foreigner's place of residence. Registration of residence at the request of the person may be carried out simultaneously with the removal from the previous place of residence.
Information about the registered address of residence of a foreigner is entered in the certificate of permanent or temporary residence, ie such information is entered into the electronic microchip, which is implanted in the document. In addition, the foreigner receives a paper certificate of registration of residence.
The current legislation of Ukraine provides for liability for violation of the established terms of registration of residence or non-registration of residence by a foreigner.
Thus, if during the submission of documents it is established that the person applied for registration of a new place of residence after 30 calendar days after deregistration of the previous place of residence, the employee of the registration authority or administrative service center draws up an administrative report for the offense specified in Article 197 of the Code of Ukraine on Administrative Offenses (KUpAP).
Article 197 of the Code of Administrative Offenses provides for administrative liability for the residence of a foreigner without registration of residence in the form of:
- warning (in case of violation of the 30-day period for the first time);
- imposition of a fine (if such an offense is repeated at the next change of residence during the year).
In addition, the responsible persons are not only the foreigner, but also the person who invited him to Ukraine, ie the host party.
In this case, the host party should be understood in the manner prescribed by law, Ukrainian enterprises, institutions and organizations, representative offices (branches) of foreign enterprises, institutions, organizations, representative offices of international organizations, as well as individuals (citizens of Ukraine, foreigners and stateless persons), who permanently reside or temporarily stay on the territory of Ukraine in connection with studies, internships, work, or on other legal grounds, and invite or receive foreigners and stateless persons.
Article 204 of the Code of Administrative Offenses provides that violations by officials of enterprises, institutions and organizations, regardless of ownership, including foreign economic entities operating in Ukraine, natural persons - entrepreneurs who use hired labor, the established order of employment, admission to study of foreigners and stateless persons, providing them with housing, as well as other violations, if they in any way assist foreigners and stateless persons to evade leaving Ukraine after the expiration of their stay or are aimed at their illegal registration, registration of documents for residence - entail the imposition of a fine of one hundred to two hundred non-taxable minimum incomes (from 1700 to 3400 UAH.).
According to Article 205 of the Code of Administrative Offenses, failure of citizens who invited foreigners and stateless persons to Ukraine for private affairs and provided them with living space, measures to ensure their timely registration - entails a warning or a fine of twenty to forty non-taxable minimum incomes citizens (from 340 to 680 hryvnias)
At the same time, violation by foreigners and stateless persons of the rules of stay in Ukraine, ie living without documents for the right to reside in Ukraine, on invalid documents or documents whose validity has expired, or employment without a permit, if such permission is required by Ukrainian legislation, or non-compliance with the established procedure for movement and change of residence, or evasion from leaving Ukraine after the end of the relevant period of stay, failure to arrive without good reason to a certain place of study or employment after entering Ukraine within a certain period, as well as violation of transit rules through the territory of Ukraine, except for the violations provided for in part two of this article,- entail the imposition of a fine of one hundred to three hundred non-taxable minimum incomes (from 1700 to 5100 UAH.) in accordance with part one Article 203 of the Code of Administrative Offenses .
As you can see, the procedure for registration of residence by a foreigner is not simple enough and requires a careful approach and care, and for violation of the established legislation of Ukraine established liability for the foreigner (from warning to revocation of residence permit in Ukraine) and the host .
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