During uncertain times in the world history, some things that have drawn little attention before start gaining more importance. In particular, the citizenship has been taken for granted as a category that doesn’t really affect the lives, property or professional interests. Ukraine is an open country with quite liberal migration laws. Therefore, foreigners could live here for years, get married and employed, start business, maintain other social contacts, not really caring about citizens of which country they formally remained.

The war with russia has put Ukrainian citizenship on the agenda. In most cases, it is an issue of a legal status and self-identity, someone’s belonging to a country that fights for its freedom and values. Ukrainian passport became an example of invincible spirit and fighting for independence. Finally, Ukrainian citizenship became a popular trend for many, including citizens of the developed countries. Following the introduction of the martial law, Ukrainian state took a conservative and careful position to prevent the migration procedure from working for the benefit of the aggressor country and enemy intelligence. In such circumstances, the demand for migration service is rising, while migration authorities demonstrate reduced offer, sometimes getting in conflict with each other.

INTEGRITES' team of migration law experts has solid experience in communicating with government agencies and in resolving disputes relating to clients' migration needs.


Key services:

Advice on applying for Ukrainian citizenship and supporting the necessary procedures

Though currently many procedures are suspended, we monitor the changes in migration laws, consult with relevant authorities and conduct due diligence of our clients’ compliance with the conditions for obtaining Ukrainian citizenship. In case the necessary preconditions are in place, we support the collection of documents and application for citizenship. In case the procedure has already been initiated, we secure its timeliness and completeness. We also provide the client with recommendations on how to minimize risks of negative results.

 
Advice on confirmation of renunciation of foreign citizenship

Those who have already received a temporary Ukrainian citizen ID, are frequently facing a problem – there is a need to confirm they have timely renounced the previous citizenship. Due to war, many consulates have limited working hours or suspended operations. As a result, the status of applications for renunciation of foreign citizenship submitted through such institutions, remains uncertain. Some people face problems crossing the border which makes renunciation of foreign citizenship more difficult or even impossible. The risks of “non-renunciation” are high, since violation of the obligation to renounce the previous citizenship during two years may result in cancellation of the decision to grant the citizenship of Ukraine. In these cases, we assess risks and offer a roadmap in order to minimize them.

 
Advice on the refugee status and complementary protection in Ukraine

Under certain circumstances, the foreigners that are experiencing or could experience persecution in their native country, have the right to receive refugee status or status of a person in need of complementary protection. Such status allows to get equal rights with citizens of Ukraine in many social security areas without obtaining Ukrainian citizenship. We advise our clients on receiving refugee status or status of a person in need of complementary protection, and also support clients at all stages of the procedure.

 
Advice on the residence permit

A legal stay in Ukraine is possible for foreigners and stateless persons in relevant preconditions on the basis of the permanent / temporary residence permit. We advise on receiving a residence permit, preparation of necessary documents, and further support of the procedure.

 
Challenging negative procedural decisions of the migration authorities

Alongside with the increased demand for administrative services on migration issues during martial law, it’s become quite often that the migration authorities issue different procedural refusals:

  • Refusals in performing certain actions (for example, refusal in crossing state border, refusal on entering Ukraine)
  • Refusals in accepting documents (for example, refusal in accepting the application for citizenship, refusal in accepting the application for the refugee status)
  • Refusals in issuance of documents/ providing a status (for example, residence permit, temporary certificate of citizen of Ukraine, passport of citizen of Ukraine, decision to refuse recognition as refugee, etc.)

Sometimes the problem is caused by the inexplicable delays and inaction of authorities in such procedures.
The INTEGRITES Dispute Resolution practice provides full support in administrative and court proceedings on challenging illegal decisions, actions or inaction of the migration authorities, considering their wide discretion in controversial issues. We aim at reaching the most effective solutions and obliging the authorities to act in favour of the client.

 

Key team:

Mykola Yerema

Associate