The situation
Effective September 27, 2017, Ukraine's temporary residence permit regulation will be amended to include a diverse range of changes. The below is a discussion of the changes and their effects.

Investors now eligible
Founders, shareholders and/or beneficiary owners will be eligible for a Temporary Residence Permit. Such foreign nationals must have a confirmed investment in a Ukrainian company of at least EUR 100,000. This Temporary Residence Permit can be issued for a period of two years, renewable for the same period without limitation on the number of renewals. This increases the pool of eligible candidates for this permit type.

Longer validity period
The validity period for the Temporary Residence Permit will be linked to the validity period of the Work Permit, whereas currently, the employment-based Temporary Residence Permit can be issued for a maximum duration of one year. For intracompany transfers on a long-term assignment, the Temporary Residence Permit can be issued for even longer durations, corresponding to the work permit.

Filing by representative
Authorized representatives will be able to file initial and renewal Temporary Residence Permit applications based on a Power of Attorney. This is currently accepted in practice at the discretion of the authorities, which resulted in arbitrary variations. The amendment removes the discretionary margin and decreases uncertainty in the filing process. Foreign nationals will still be required to collect the temporary residence permit in person.

Faster processing
Temporary Residence Permit initial and renewal applications are expected to be processed in 10 calendar days rather than the current 15.

Renewal deadline
Renewal applications will have to be submitted at least 10 calendar days before expiry. This is more flexible than the current deadline of 15 calendar days before expiry. This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to emea@fragomen.com.

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