Declaring and registering the place of residence and stay of refugees, persons in need of additional protection and asylum seekers is a topical issue for many people in Ukraine. This procedure is important because it allows to ensure legal protection and social services for these categories of persons. In this article, we will consider the regulatory framework necessary for declaring and registering the place of residence/stay, categories of persons who must register their place of residence/stay, required documents and other important aspects.
Regulatory framework
Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”, Law of Ukraine “On Freedom of Movement and Free Choice of Residence in Ukraine”, Law of Ukraine “On Administrative Services” and Law of Ukraine “On Provision of Public (Electronic Public) Services” on the declaration and registration of the place of residence in Ukraine” are the main legislative acts that regulate the declaration and registration of the place of residence/stay of refugees, persons in need of additional protection and asylum seekers.
Resolution of the Cabinet of Ministers of Ukraine dated 03/02/2016 No. 207 “On approval of the Rules for registration of the place of residence and the Procedure for the transfer of information by registration authorities to the Unified State Demographic Register”, Resolution of the Cabinet of Ministers of Ukraine dated 03/14/2012 No. 202 “On approval of the provision on the refugee certificate” and Resolution Cabinet of Ministers of Ukraine dated March 14, 2012 No. 196 “On approval of the provision on identity cards that require additional protection” are also important normative acts that regulate the procedure for declaring and registering the place of residence/stay of these categories of persons.
Order of the Ministry of Internal Affairs of Ukraine dated 07.09.2011 No. 649 “On approval of the Rules for the consideration of applications and the preparation of documents necessary to resolve the issue of recognition as a refugee or a person in need of additional protection, loss and deprivation of the status of a refugee and additional protection and cancellation of the decision on the recognition of a person a refugee or a person in need of additional protection” establishes the procedure for considering applications and processing documents necessary to recognize a person as a refugee or a person in need of additional protection, as well as the procedure for canceling a decision on recognizing a person as a refugee or a person in need of additional protection.
Category of persons who must register their place of residence/stay
According to Article 6 of the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”, refugees, persons in need of additional or temporary protection, as well as asylum seekers must register their place of residence/stay within 10 days from the day of admission to the territory of Ukraine or from the date of change of residence/stay.
Where to apply
With the help of the procedure of declaration and registration of the place of residence/residence, it is possible to apply to state authorities, in particular to departments of the migration service, local self-government bodies, as well as to the Unified State Portal of Electronic Services.
List of documents required for registration of place of residence/stay
To register the place of residence/residence of refugees, persons who need additional
protection and asylum seekers must provide the following documents:
- Passport or other identity document
- A document confirming the status of a refugee or a person in need of additional protection (if such a status exists)
- Documents confirming the place of residence/stay (for example, a housing rental agreement)
Cost
No fees are charged for the declaration and registration of the place of residence/stay.
Procedure for consideration of an application for registration of place of residence/stay
Applications for registration of place of residence/residence are considered by migration service bodies or local self-government bodies within 10 days from the date of submission of the application. If a complete set of documents is provided and the application meets the requirements of the law, the migration service or local self-government bodies issue a certificate of registration of the place of residence/stay.
If the application does not meet the requirements of the law, the application may be returned to the client with an appropriate explanation of the deficiencies in the application. A deadline for correcting deficiencies may also be provided.
Grounds for refusal to register or deregistration of residence
The bodies of the migration service or local self-government bodies may refuse to register the place of residence/stay in the event of:
- Providing false data or documents
- Inconsistency of the application with the requirements of the law
- Presence of reasons provided by the law that prevent registration of the place of residence/stay (for example, if the person is in criminal proceedings)
Also, the bodies of the migration service or local self-government bodies can deregister the place of residence/stay if the person does not comply with the requirements of the legislation relating to the registration of the place of residence/stay.
Legal, economic, cultural features
In Ukraine, there are peculiarities of declaring and registering the place of residence/stay for refugees, persons in need of additional or temporary protection, and asylum seekers. In particular, such persons can be registered by their place of stay (including in other cities or regions), and not only by their place of residence.
Also, special documents confirming their status are provided for refugees and persons in need of additional or temporary protection. In particular, a refugee card is issued for refugees, and a person in need of additional protection card is issued for persons in need of additional or temporary protection.
There are also special procedures for declaring and registering the place of residence/stay for asylum seekers. Such persons have the right to free accommodation in special institutions (for example, shelters), where they are provided with temporary accommodation and other necessary services.
Four funny legal examples from the lives of clients
The need to register the place of residence/stay can be a reason for interesting and unexpected court cases. For example, one client went to court because his address was mistakenly registered to someone else, which led to problems with documents and communication with the authorities. Another client went to court because his residence registration was rejected due to an error in the documents, but it turned out that the error was on the part of the migration authorities.
Other clients went to court because their residence registration was rejected due to the lack of necessary documents, but it turned out that the documents were sent to the migration authorities, but due to a technical error were not registered.
Another court case concerned the refusal to register a place of residence for parents caring for disabled children because their children were not registered at that address, even though they actually lived with the parents.
Another client went to court because his residence registration was rejected because the address was incorrect, when in fact it was a private residence, but belonged to another city.
Interesting and unusual court cases highlight the importance of correctly declaring and registering the place of residence/stay, as well as the importance of consulting professional migration and migrant rights lawyers.
During the war in Ukraine: Declaration and registration of the place of residence and stay of refugees, persons in need of additional protection and asylum seekers.
During the war in Ukraine, the problem of migration became especially relevant. Many people were forced to leave their homes and cities to escape danger and seek refuge in safe places. Also, many people from other countries sought asylum in Ukraine, so the issue of declaring and registering the place of residence and stay of refugees, persons in need of additional protection and asylum seekers has become extremely important.
For refugees and persons in need of additional protection, the declaration and registration of the place of residence/stay is carried out according to a simplified procedure, without the mandatory submission of a number of documents. In particular, refugees do not need certificates of residence registration and absence of debt for housing and communal services.
Also, during the war in Ukraine, special measures were introduced to ensure the protection of the rights of refugees and persons in need of additional protection. In particular, it was possible to receive free medical care, housing and social support.
However, despite special measures, refugees and persons in need of additional protection often face problems in the process of declaring and registering their place of residence/stay. For example, they may have problems with finding housing, as well as with submitting documents, especially if they do not know the Ukrainian language.
Therefore, in order to ensure the rights of refugees and persons in need of additional protection, it is very important to have proper support and assistance from the state, public organizations and professional migration lawyers. Such lawyers can help refugees and persons in need of additional protection in submitting applications for declaration and registration of the place of residence/residence, in resolving issues with the migration service authorities, and help them protect their rights in court.
For greater efficiency, lawyers should be experienced in working with migration issues and have knowledge of the relevant regulatory framework. It is also important to have an understanding of the cultural and social characteristics of refugees and persons in need of additional protection in order to provide them with adequate support.
Despacho Internacional “Intereses legítimos” has experience in working with migration issues and providing legal assistance to refugees and persons in need of additional protection. We are ready to provide qualified support and assistance in the process of declaring and registering the place of residence/stay in Ukraine. All services are provided remotely to save the client’s time and ensure confidentiality.
In addition, we can provide recommendations for other issues related to living in Ukraine, for example, obtaining a work permit, education, medical assistance, etc. Our lawyers are ready to help resolve any issues and protect the rights of our clients.
