The Government simplifies immigration for foreign volunteers in Ukraine

Sometimes even a minor legislative amendment can have a significant impact on real life. The recent changes to the legislation governing the stay of foreigners in Ukraine are a case in point. Ukraine has removed one of the most formalistic and, at the same time, burdensome requirements: the mandatory issuance of a long-term visa for those who need to obtain a temporary residence permit in order to continue their volunteer activities in Ukraine.

The issue stemmed from complex legal requirements, under which a foreign national had to obtain a long-term visa at a Ukrainian consulate abroad and only thereafter enter Ukraine to apply for a temporary residence permit.

In practice, this created paradoxical situations where a foreign volunteer was already in Ukraine, actively contributing and integrated into the work of an organization, yet was forced to leave the country to "update" their legal status by obtaining a visa. Moreover, in reality, foreign nationals often complained that they came to Ukraine, risking their lives and health to assist Ukrainians in the challenging conditions of war, only to face obstacles from the government in regularizing their stay.

Particularly problematic were cases where such volunteers either overstayed their permitted visa-free period and were held legal liable, or were required to incur additional time and financial costs to obtain a visa. In such circumstances, volunteers frequently concluded that the Ukrainian government seemingly did not sufficiently value their efforts or even require their assistance. It was often difficult to explain that the reality was simply that public officials in Ukraine – whether representatives of border control or migration authorities – operate strictly within clearly defined legal frameworks and are obliged to act accordingly.

This legislative initiative addresses the above-mentioned issues and fundamentally changes the applicable legal rules.

From now on, foreign volunteers will be able to apply for a temporary residence permit without first obtaining a long-term visa. The key point is that this can be done without leaving Ukraine. In essence, the law acknowledges an obvious reality: if a volunteer is lawfully present in the country and engaged in volunteer activities, there is no need to require additional formal steps.

The procedure for obtaining a temporary residence permit, which grants the right to legally reside in Ukraine, will become shorter. In addition to saving foreign volunteers the cost of visa fees and the time required for additional long-distance travel by car or train (rather than by air) involving border crossings, it will also add predictability to their work, as both volunteers and organizations will be able to plan activities without the risk of forced interruptions.

A typical scenario – where a foreign national arrives in Ukraine under a visa-free regime, begins cooperating with a charitable organization, decides to stay longer, but due to time constraints is forced to urgently leave Ukraine to obtain a visa – will now no longer occur.

That said, it should be clearly understood that the process remains relatively complex, and only its proper implementation will lead to success. First, no action related to a volunteer's immigration status is automatic. As before, the applicant must prepare a complete and properly structured set of documents to apply for a residence permit. Second, there is an exhaustive list of volunteer organizations that may act as sponsors. In other words, only duly registered organizations are authorized to invite foreign volunteers. At the same time, the presence of such a sponsor is mandatory, as applications will not be accepted without it.

In light of the above, if you are a foreign national who is planning to engage or is already engaged in volunteer activities in Ukraine and intends to obtain a temporary residence permit, we strongly recommend seeking the assistance of a licensed immigration attorney. Professional legal support will ensure proper document preparation and help avoid refusals and financial loses.

In the context of war, the role of foreign volunteers is difficult to overestimate. They are engaged in humanitarian projects, healthcare, logistics, and reconstruction efforts. Against this background, the new rules appear to be a rational decision: the system should support those who support us. This sends a positive signal to all foreigners who have chosen to help Ukraine.

Pavlo Zalizniak, LLMLicensed Immigration Attorney, Managing Partner Ukraine Immigration Consulting – Zalizniak & Associates