Border crossing and migration
What to do for foreigners whose term of stay has expired?
Everything remains the same here. As it was before the war. Detailed information on the extension of stay in Ukraine is available on the official website of the State Migration Service at the link: https://cutt.ly/BFKgrOJ
What to do if the permit of temporary or permanent residence expires? The foreigner is in Ukraine.
Contact the Migration Service. If in the region where the foreigner is located, the Migration Service has not resumed its work or has not resumed it in full, you can contact the unit in another region or wait until work resumes. There will be no administrative liability for the expired permit.
What can Ukrainian refugees do abroad without a valid foreign passport?
Issuance of identity documents for Ukrainians abroad is carried out by diplomatic missions of Ukraine (embassies and consulates). Foreign passports are issued only in Ukraine. Accordingly, the production of passports and the delivery of already produced passports have been suspended.
WHAT TO DO IF YOU LEFT UKRAINE WITHOUT A VALID PASSPORT?
If you arrived abroad from Ukraine after 24.02 due to the war and do not have a valid passport (for example, you arrived with an expired passport, or with a passport of a citizen of Ukraine / "domestic" passport, or, in the case of child with a child's birth certificate):
- If your passport or the child's passport has expired, you can extend the validity of this passport.
- If you have a valid passport and your child has only a birth certificate, you can enter the child's data in your passport ("enter the child" in the passport)
- If you have only a passport of a citizen of Ukraine / "internal" passport, you can obtain a certificate of identity with a photo. A similar document can be issued to your child, who has only a birth certificate.
All these actions are free of charge on the day of applying to the Embassy.
PLEASE NOTE: The Embassy does not have any authority to mark EU border crossing in any documents or to issue any certificates about border crossing - this can only be done by the border services of the countries through which you entered the EU. If you plan to cross the border, we strongly advise you to make sure that border guards have stamped the border crossing in your passport (foreign, "domestic" or on the child's birth certificate), or get a certificate of border crossing from them.
EXTENSION OF A FOREIGN PASSPORT
Renewal of a foreign passport is possible not earlier than 3 months before its expiration date.
To extend the validity of an adult's passport, the applicant submits the following documents at the reception:
- - Application (received and filled in at the reception)
- - Applicant's foreign passport
- - Passport of the citizen of Ukraine of the applicant (if available)
To extend the validity of a child's passport, one of the child's parents submits the following documents at the reception, in the original:
- - Application (received and filled in at the reception)
- - Child's passport
- - Applicant's passport (parent who submits documents)
- - Child's birth certificate
ENTRY OF INFORMATION ABOUT THE CHILD IN THE PASSPORT OF ONE OF THE PARENTS
To enter information about a child into a parent`s passport, one of his / her parents submits the following documents, in the original:
- - Application (received and filled in at the reception)
- - Your passport
- - Two color photos of a child measuring 3.5 x 4.5 cm
- - Child's birth certificate.
PLEASE NOTE! If the birth certificate was not issued in Ukraine, it is submitted duly certified and translated into Ukrainian (more detailed requirements for such a certificate are described in the section "Consular issues" - "Issuance of a passport of a citizen of Ukraine for travel abroad" - "Issuance of a passport for children" on the website of the relevant Embassy of Ukraine in the host country).
If you left Ukraine after February 24 without a foreign passport, with the passport of a citizen of Ukraine ("domestic" passport), you can get a certificate from the Embassy to confirm your identity with your data and photo. Such a document can also be issued to minor children who have left Ukraine with a birth certificate if their parents do not have foreign passports (ie it is impossible to enter data on the child as mentioned above).
This document is issued free of charge on the day of application to the Embassy.
To obtain a certificate for an adult, the applicant submits the following documents at the reception, in the original:
- Passport of a citizen of Ukraine ("domestic" passport) of the applicant
- Two color photos measuring 3.5 x 4.5 cm
To issue a certificate for a child, one of the parents submits the following documents at the reception, in the original:
- Your passport of a citizen of Ukraine ("internal" passport)
- Child's birth certificate
- Two color photos of a child measuring 3.5 x 4.5 cm
What documents can Ukrainians return home with?
Many Ukrainians left the country in a hurry with the documents they had on hand. At the same time, returning home is an urgent issue for many of our citizens - border guards record thousands of people a day crossing the border into Ukraine to enter. In this regard, there are many questions about the documents with which you can enter Ukraine.
However, in the case of returning home, not everything is as simple as leaving for Europe - you will not be able to come with any document.
The resolution of the Cabinet of Ministers of Ukraine on the Rules of Crossing the State Border by Citizens of Ukraine states that the document giving the right to enter is:
1) passport of a citizen of Ukraine for travel abroad;
2) diplomatic passport;
3) service passport;
4) travel document of the child (valid for the period for which it is issued);
5) seafarer's identity card;
6) crew member ID.
Thus, the main document for returning to Ukraine is a passport. If the validity of your passport is coming to an end - you probably will not be able to get a new passport abroad: biometric documents are made in Ukraine and not all diplomatic missions abroad have renewed the logistics of documents produced from Ukraine. However, there is a way out.
According to the resolution of the Cabinet of Ministers of February 28, 2022 for the period of martial law and within a year from the date of its termination or abolition:
- crossing the state border may be carried out by citizens of Ukraine at checkpoints across the state border and checkpoints on the basis of the passport of a citizen of Ukraine for travel abroad, which is valid, as well as children on the basis of passport of a citizen of Ukraine to travel abroad their legal representatives information about the child is entered.
Therefore, during the martial law in foreign diplomatic missions (embassies / consulates) you will be able to renew your passport for 5 years, as well as enter the child's data in the parents' passport, if the child's passport is also expired. After the extension of the passport, you can safely go home with valid passports.
If you left with an internal passport / ID-card / other document or without a document at all - you can also return to Ukraine. To do this, you will also need to contact the Embassy / Consulate of Ukraine abroad. In such a situation, diplomatic missions will issue identity cards to return to Ukraine.
An identity card for return to Ukraine is an identity document that confirms the citizenship of Ukraine, gives the right to enter Ukraine, is drawn up and issued by foreign diplomatic missions of Ukraine.
Regarding the documents for applying for an identity card for return to Ukraine or renewal of foreign passports - read in the explanation of the Embassy of Ukraine in France.
During martial law, no consular fee is charged for consular actions.
Receipt of all documents - extended passports and certificates - is carried out on the day of application to the diplomatic mission. If the citizen does not have any valid passport documents, a request for identification will be sent to the place of registration of the applicant in Ukraine, which may take some time.
Mobilization of employees of business entities during martial law
According to the Law of Ukraine “On Mobilization Training and Mobilization” (hereinafter – the Law), mobilization is a set of measures taken to systematically prepare the national economy, public authorities, other government agencies, local governments, enterprises, institutions and organizations to operate in the conditions of the special period, and the Armed Forces of Ukraine, other military formations, the Operational and rescue service of civil defense – to the organization and staffs of wartime. Mobilization can be general or partial and is carried out openly or secretly. The general mobilization is carried out simultaneously throughout Ukraine and concerns the national economy, public authorities, other state bodies, local governments, the Armed Forces of Ukraine, other military formations, the Rescue Service of Civil Protection, enterprises, institutions and organizations.
Responsibilities of enterprises, institutions and organizations, as well as citizens for mobilization training and mobilization are established by Articles 21 and 22 of the Law. At the same time, an integral part of mobilization is conscription in military service during mobilization, which is a separate type of military service in accordance with Article 2 (6) of the Law of Ukraine “On Military Duty and Military Service”.
However, Article 23 of the Law lists categories of citizens who have the right to deferment of conscription during mobilization. Such categories of citizens include, in particular, those reserved for the period of mobilization and wartime by public authorities, other state bodies, local governments, as well as enterprises, institutions and organizations in the manner prescribed by the Cabinet of Ministers of Ukraine. “Conscripts” means persons who are in reserve for the Armed Forces of Ukraine and other military formations for a special period, as well as to perform work to ensure the defense of the state (Article 1 of the Law of Ukraine “On Military Duty and Military Service”).
Reservation of conscripts for the period of mobilization and wartime is carried out in the manner prescribed by the Resolution of the Cabinet of Ministers of Ukraine from 03.03.2022 № 193 “Some Issues of Booking Conscripts during Martial Law.”
In addition, it should be noted that employees who were called up during mobilization and are on military service during martial law may be discharged from military service in the manner prescribed Article 26 (4) of the Law of Ukraine “On Military Duty and Military Service”.
Salaries of mobilized employees
Employers now are not obliged to pay an average salary to employees mobilized for military service, but the employees shall remain employed and continue to hold their positions (part three of Article 119 of the Labor Code). Previously, the employer had to continue to pay such employees’ average salaries for the entire period of the employee’s military service.
Secondary employment is now allowed for an employee at the employer’s primary place of work (Article 102-1 of the Labor Code). Previously, this was not a possibility.
New grounds for terminating employment
- Death of an employer who is an individual or entry into full force and effect of a court decision whereby such individual is recognized as missing or declared dead (section 8-1 of Article 36 of the Labor Code);
- Death of an employee, his/her recognition as missing or declared dead in accordance with a court decision (section 8-2 of Article 36 of the Labor Code);
- The employee’s absence from work and lack of information regarding the reasons for such absence for more than four consecutive months (section 8-3 of Article 36 of the Labor Code);
- Impossibility of providing an employee with the work specified in the employment agreement, due to the destruction (lack) of production, organizational, and technical conditions, means of production or property of the employer as a result of hostilities, when it is impossible to transfer the employee to another position (Article 41 of the Labor Code). The employer must notify the employee of dismissal no later than 10 calendar days prior to such dismissal (Article 49-2 of the Labor Code) and pay severance pay amounting to no less than the employee’s average monthly salary (Article 44 of the Labor Code).
Timeframe for service of notification about changes in key employment terms
During the period of martial law, employees must be notified of a change in essential employment terms no later than prior to introduction of such new terms (part 2 of Article 2 of the Law on Organization of Labor Relations under the Martial Law). Previously, the Law previously allowed the employer to change the essential employment terms “on a same-day basis.”
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