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EXPLANATION

 of the Procedure for Obtaining a Temporary Residence Permit 

According to paragraph 33 of The Rules of Entering, Exiting and Transiting Ukraine by Foreigners and Stateless Persons approved by the Cabinet of Ministers of Ukraine[1], foreigners and stateless persons residing permanently in Ukraine must be registered at the place of their residence.

The need of the foreigner to be registered at the flat/house, that he rents, is connected with the procedure for obtaining a temporary residence permit (TRP) on a basis of a work permit. The following documents should be submitted to the Nationality, Immigration and Registration Department (OVIR) together with the other documents for obtaining a TRP:

-       Lease agreement of a flat registered within the housing office (“ZHEK”);

-       Certificate (“dovidka”) No. 3 and applications from all family members who reached 18-years old age to certify they don’t mind against registration of the foreigner in the flat, certified by “ZHEK”.

Documents for obtaining a TRP should be submitted to the Nationality, Immigration and Registration Department (OVIR) within 30 days after signing the lease agreement. For this matter the Landlord should:

  1. Certify the lease agreement at “ZHEK” after it had been signed.
  2. Receive a certificate (“dovidka”) No. 3 at “ZHEK”.
  3. Work out applications for all family members who reached 18-years age to certify they don’t mind against registration of the foreigner at the flat and certify them at “ZHEK”.
  4. Contact “ZHEK” together with the foreigner within 10 days after he/she receives the TRP to register him/her at the flat.
  5. Receive the power of attorney from the Tenant to de-register him/her when the lease agreement expires.

Remember that a registration at the flat, that isn’t his/her property, doesn’t give him/her any rights except:

-       right to use this flat, namely reside in this flat;

-       inability of the Landlord to register another person at the flat without a permission of the Tenant;

-       inability to sell the flat during the period of the lease agreement;

-       underlying right of the Tenant to conclude the lease agreement on a new term when the agreement expires (art. 822 of The Civil Code). But this statement is valid only if the foreigner prolongs his/her work permit.

All other rights and obligations of landlords and tenants are specified in each lease agreement.

 

According to paragraph 5 of The Rules of Entering, Exiting and Transiting Ukraine by Foreigners and Stateless Persons, individuals receiving foreigners should timely provide them with explanations of their rights, freedoms and obligations that are legally provided, keep records of these individuals, and are responsible for the timely processing of the documents for their stay in Ukraine etc. A violation of these Rules by individuals, who are obliged to follow them, entails responsibility in accordance with the laws of Ukraine.



  1. Ch. 59 of The Civil Code dated 16 January 2003, No. 435-IV.
  2. Ch. 6 of The Housing Code dated 30 June 1983, No. 5464-X.
  3. The Law on Legal Status of Foreigners and Stateless Persons dated 4 February 1994, No. 3929-XI.
  4. The Law on Freedom of Movement and Free Choice of Residence in Ukraine dated 11 December 2003, No. 1382-IV.
  5. Resolution of the Cabinet of Ministers on Amending the Rules of Entering, Exiting and Transiting Ukraine by Foreigners and Stateless Persons dated 6 May 2009, No. 445.
  6. Order of the Ministry of Foreign Affairs on Approval of Instructions on Procedure of Extension of Period of Stay in Ukraine for Foreigners and Stateless Persons dated 1 December 2003, No. 1456.