Statistics show: every thirtieth marriage in Ukraine is contracted with a foreigner. What nuances of legal residence on the territory of Ukraine are important to be known by a foreigner married to a citizen of Ukraine?
A marriage between Ukrainians and citizens of other countries is a quite common event. When it comes time to marry, the questions appear: what is a state registration of the marriage and what are its consequences for the future family and their children. In most cases, the issues are about citizenship.
How can a marriage to a foreigner be registered in Ukraine?
These issues are governed by the laws of Ukraine in compliance with the international laws.
Indeed, according to Article 2 of the Law of Ukraine “On Legal Status of Foreigners and Stateless Persons”, foreigners and stateless persons have the same rights and freedoms as citizens of Ukraine, unless otherwise provided by the Constitution and the laws of Ukraine and international treaties of Ukraine. Article 18 of the law states that foreigners and stateless persons have equal rights and duties in any marriage and family relations as citizens of Ukraine have.
However, the procedure of marriage to a foreign citizen in Ukraine is quite complicated. In order to marry, an engaged couple must submit a marriage application to the civil registry office. A citizen of Ukraine must submit only his or her Ukrainian passport, but much more documents are required from a foreigner. A list of these documents is individual and depends on the country of origin.
Things you need to get married in Ukraine
In order to marry in Ukraine a foreign citizen needs: a passport (original and translation notarized) and a document confirming the dissolution of the previous marriage (if any).
Citizens who have previously been married have to submit one of the following documents: a divorce decree or divorce certificate, death certificate of another spouse or other documents confirming dissolution of the previous marriage, provided by the law of a foreign country.
The lawyer emphasizes: all foreign documents must be written in a foreign language and be notarized or have consular legalization in the country where they were issued, and in Ukraine they must be translated into Ukrainian and notarized.
The above-mentioned documents are also submitted with a document confirming payment of registration tax. In order to legalize their relations, a marriage couple has to pay a certain amount to the state treasury. As for today, the amount of fee has not been changed and is 0.05 tax-free minimum incomes. Also, the expert explains, in some offices of civil registration, a certain amount for entering data in a marriage register must to be paid. Such information is given directly in the registry office.
A month cooling-off period
Taking a marriage application, a civil register official makes aware of the terms and order of the marriage registration and the rights and duties of future spouses and parents.
A marriage is registered in a civil registration office within one month from the date of the marriage application. After the marriage registration, a notation about the name, surname, patronymic, year of birth of another spouse and the place and date of registration is made.
However, there are cases provided by the law, when a marriage can be registered on the day of application, namely – in the case of pregnancy, birth of a child, and if there is a threat to the bride’s or groom’s life.
Legitimacy of residence in Ukraine
According to the Law of Ukraine “On freedom of movement and choice of residence in Ukraine” a passport or a permanent or temporary residence permit are legal grounds for foreigners to stay on the territory of Ukraine.
Among people who may, according to the laws of Ukraine, stay on the territory of Ukraine on legal grounds are foreigners who entered Ukraine for the purpose of family reunification with persons being citizens of Ukraine, or during their stay in Ukraine have married citizens of Ukraine and obtained a temporary residence permit.
How can a foreigner receive an immigration permit in Ukraine?
This procedure is quite complicated and volume. According to the Law of Ukraine “On immigration” there is a category of immigrants whom an immigration permit is issued.
They are scientists and cultural workers whose immigration meets the interests of Ukraine, highly qualified specialists and workers the acute need for which is perceptible in the economy of Ukraine, people injected foreign capital in the economy of Ukraine, individuals being a brother or sister, grandfather or grandmother, or a grandchild of citizens of Ukraine, people previously having been citizens of Ukraine, also parents, a husband (wife) of immigrants and their minor children.
An immigration permit is also given to the people who served in the Armed Forces of Ukraine for three years or more. This right is given to the one of the spouses if another one, whom he or she has been married to more than two years, is a citizen of Ukraine, children and parents of citizens of Ukraine. People who are guardians or trustees of citizens of Ukraine or are under guardianship or trusteeship of citizens of Ukraine, as well as those who have right to acquire Ukrainian citizenship by territorial origin also may qualify for an immigration permit.
It should be noted that since 2017, changes to the Rules of civil registration came into effect according to which the civil registration office, which got an application for registration checks the legality of a foreign citizen’s stay on the territory of Ukraine.
What documents are required to receive an immigration permit in Ukraine?
In order to receive an immigration permit in Ukraine no less significant package of documents is required, including: a copy of an identity document, a residence certificate, a medical certificate, a receipt for payment of an administrative fee etc. A foreigner applies on his own for an immigration permit to the appropriate government bodies. This application is considered within a year from the date of its receipt.
A long-term visa is issued to a person who has permanent residence outside Ukraine and has received an immigration permit. After the arrival of an immigrant in Ukraine he or she gets a permit for permanent residence in Ukraine.