Ukraine Archives

The Ukrainian government has suspended consular services for military-age male nationals living abroad.

‌Key Points:

The new measure follows a recent mobilization law adopted by the Ukrainian parliament.
The affected individuals, male citizens ages 18 to 60, are currently unable to apply for passports or other travel documents, including renewals, at consular posts or authorized external providers.
Government officials stated that the decision temporarily suspends the acceptance of applications from men of military age who are abroad, and only for a limited period of time. According to officials, the restrictions are in place so that they can update their mechanisms for data confirmation, and once males of conscription age living abroad are able to confirm their data in accordance with the newly amended mobilization law, applications will be accepted.

Additional Information: According to the new mobilization bill, all military-age men will be required to obtain updated military registration papers. The government stated the goal is to modernize the obsolete mobilization legislation and update their systems with the latest information on all military-age men and their status. Once the data confirmation system is updated, individuals will likely have the option to register online without visiting military offices in Ukraine. Individuals who hold temporary protection status should be able to legally remain in their host country and maintain their status with an expired passport.

BAL Analysis: The new mobilization bill impacts Ukrainian nationals and will impact their status abroad. The practical implications of the law are still not fully determined, and the government says that they are working on implementing a new system that will allow for nationals to confirm their data digitally without the need to return to the country. BAL will continue following the situation and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

The Department of Homeland Security has announced the extension and redesignation of Ukraine for Temporary Protected Status for 18 months, from Oct. 20, 2023, through April 19, 2025.

Key Points:

The TPS extension will allow currently eligible Ukrainian TPS beneficiaries to retain TPS through April 19, 2025, provided they continue to meet eligibility requirements.
The redesignation allows additional Ukrainian nationals who have continuously resided in the United States since Aug. 16, 2023, and been continuously physically present in the United States since Oct. 20, 2023, to file first-time TPS applications.
DHS published a Federal Register notice, detailing the eligibility criteria, timelines and procedures for current beneficiaries to re-register and renew Employment Authorization Documents (EADs), and for new applicants to submit initial applications under the redesignation and apply for EADs.

Background: Ukraine was initially designated for TPS in April 2022, following the Russian invasion. In a statement Friday, Homeland Security Secretary Alejandro Mayorkas said, “Russia’s ongoing military invasion of Ukraine and the resulting humanitarian crisis requires that the United States continue to offer safety and protection to Ukrainians who may not be able to return to their country. We will continue to offer our support to Ukrainian nationals through this temporary form of humanitarian relief.” DHS estimated the TPS extension would cover about 26,000 current beneficiaries, while the redesignation would make roughly an additional 166,700 individuals eligible for TPS.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com

The Department of Homeland Security (DHS) announced that registration for Temporary Protected Status (TPS) for Ukraine would be open from Tuesday, April 19, through Oct. 19, 2023. DHS also announced it would temporarily suspend employment authorization requirements for certain F-1 students from Ukraine.

Key Points:

To be eligible for TPS, Ukrainian nationals (or those without a nationality who last resided in Ukraine) must demonstrate they have resided in the U.S. continuously since April 11, 2022, and have been continuously physically present in the U.S. since April 19.
Previously, DHS had said the residence cutoff date would be March 1; the agency subsequently moved the date to April 11.
Applicants have until Oct. 19, 2023, to register and complete Form I-821, Application for Temporary Protected Status. They may also request an Employment Authorization Document by submitting Form I-765.
Those who traveled to the U.S. after April 11 will not be eligible for TPS.
Ukrainian nationals (or those without a nationality who last resided in Ukraine) who are nonimmigrant F-1 students and are “experiencing severe economic hardship as a direct result of the current crisis in Ukraine” can now:
- Request employment authorization from April 19, 2022, through Oct. 19, 2023.
- Work an increased number of hours while school is in session.
- Reduce their course load while continuing to maintain their F-1 nonimmigrant status.
DHS will consider F-1 nonimmigrant students who gain employment authorization engaged in a “full course of study” for the duration of their employment authorization if the nonimmigrant student satisfies the minimum course load requirement described here.

Additional Information: The decision to add Ukraine under TPS was made due to Russia’s military invasion, the country’s destroyed infrastructure and the scarcity of resources, among other reasons. DHS cited similar reasons in its decision to provide relief for nonimmigrant F-1 students. More information can be found here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

The Dutch government has exempted certain Ukrainian nationals from work permit requirements.

Key Points:

Individuals in the following categories can live and work in the Netherlands without meeting work permit requirements:
- Ukrainian nationals who resided in Ukraine on Feb. 23, fled Ukraine on or after Nov. 27, 2021, or were in EU territory on or after Nov. 27, 2021, and can prove that they lived in the Netherlands before Nov. 27, 2021 on the basis of a previously issued residence permit or asylum application.
- Stateless persons or third-country nationals other than Ukrainian nationals who received protection in Ukraine and had a valid Ukrainian residence permit on Feb. 23.
Family members of the categories above, including spouses, unmarried partners in long-term relationships, minor unmarried children and other dependent relatives living in the household with.
Beginning April 15, employers must notify the labor inspectorate (UWV) within two business days before an individual in the aforementioned categories begins work.

Additional Information: Those who meet the requirements above will be able to work in paid employment in the Netherlands. Such individuals must register in the municipal records (BRP) and will receive a citizen service number (BSN) required for employment. Employers who fail to notify the UWV after April 15 may be subject to financial penalties.

BAL Analysis: The decision to exempt certain individuals from work permit requirements is welcome news to those affected by the war in Ukraine. Employers and employees are reminded that actions taken as a result of the war in Ukraine may change with little or no notice.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

IMPACT – MEDIUM

The Home Office has announced that it will simplify its application process for the Ukraine Family Scheme.

Key Points:

Under a change that took effect March 15, the application process for the Ukraine Family Scheme is fully online. Ukrainian nationals who are not in the U.K. and hold a valid passport will no longer be required to provide biometric information when applying for the scheme.
To apply for the Ukraine Family Scheme, Ukrainian nationals will have to complete an online application but will no longer need to have an in-person appointment at a visa application center (VAC).
Ukrainian nationals must have a valid email address to submit an application. U.K. immigration authorities will contact applicants by email with further travel guidance after the application is processed.

Additional Information: Ukrainian nationals who are applying for the Ukraine Family Scheme before March 15 must submit an online application an book an in-person appointment at a VAC More information regarding the Ukraine Family Scheme is available here.

BAL Analysis: Ukrainian nationals will be able to receive entry permissions entirely online for the Ukraine Family Scheme after March 15. This is welcome news as it will reduce processing times for those needing to enter the U.K. under the Ukraine Family Scheme. Employers and employees are reminded that actions taken as a result of the invasion of Ukraine may change with little or no notice.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

IMPACT – MEDIUM

The European Council has introduced temporary immigration protections for individuals fleeing Ukraine.

Key Points:

Ukrainian nationals, third-country nationals and stateless persons who resided in Ukraine on or before Feb. 24 may be eligible to benefit from temporary protection.
Rights under temporary protection include residence, access to the labor market, housing, medication assistance and education for children.
Individual member states will adopt their own procedures for applying for residence under the temporary protection.
Temporary protection for individuals fleeing Ukraine will initially be valid for one year and may be extended.

Additional Information: Member states may extend temporary protection to other individuals, including third-country nationals who were living in Ukraine and are unable to return to their country safely and Ukrainians who fled the country not long before Feb. 24.

BAL Analysis: A number of countries have adopted special immigration measures for Ukrainians following Russia’s invasion of the country. The U.S., for example, recently announced that Ukraine would be designated for Temporary Protected Status and has exempted some travelers from COVID-19 entry requirements.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Countries around the world adopted special immigration and travel measures for Ukrainian nationals.

The countries that have adopted these measures include:

Australia. The Australian government is currently prioritizing outstanding visa applications for Ukrainian nationals for all visa categories. Ukrainian nationals who hold visas set to expire before June 30, 2022, and who are in Australia, have received an automatic visa extension for six months. More information is available here.
Canada. The Canadian government is urgently processing replacement travel documents for Canadian citizens and permanent residents in Ukraine and prioritizing permanent residence, proof of citizenship, temporary residence and citizenship grant for adoption applications from people who currently live in Ukraine. More information is available here.
Ireland. The Irish government has lifted all visa requirements for Ukrainian nationals traveling to Ireland. Ukrainian nationals who arrive in Ireland will have 90 days to obtain legal status in the country. More information is available here.
Poland. The Polish government has announced that Ukrainians will be allowed to enter the country on the basis of visa-free movement. Information regarding entry and stay conditions is available here.
United Kingdom. The Home Office announced various immigration exceptions for Ukrainian nationals currently in the U.K., including extended stays for Ukrainians on the points-based system route and the ability for Ukrainian nationals to switch visa routes without having to leave the country. The U.K. has also adopted concessions for those in Ukraine who can apply as a family member. More information regarding exceptions for Ukrainian nationals is available here.

United States. The U.S. government has extended an exemption to the country’s COVID-19 vaccination requirement for certain travelers from Ukraine until April 1. Non-U.S. citizen non-immigrants can enter the U.S. without showing proof that they are fully vaccinated against COVID-19 until April 1 if they are traveling with a U.S. citizen or lawful permanent resident, were physically present in Ukraine as of Feb. 10 and have valid travel documents allowing them to travel to the U.S. More information on this exception is available here.

Additional Information: Land borders with Hungary, Moldova, Poland, Romania and Slovakia remain open, and Ukrainian citizens can enter these countries without a visa Ukrainian men ages 18-60 have been ordered not to leave the country at this time. Government services in Ukraine are severely limited or unavailable until further notice.

BAL Analysis: Countries around the world may make additional immigration concessions for Ukrainian nationals in the coming weeks and months as the situation in Ukraine evolves. BAL will continue to monitor developments regarding the invasion of Ukraine and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

IMPACT – HIGH

The Ukrainian government recently announced a foreign travel suspension to mitigate the spread of COVID-19.

Key points:

Foreign nationals are no longer allowed to enter Ukraine, effective March 16, with the exception of holders of Ukranian permanent or temporary residence permits. Accredited diplomatic mission and consulate employees, and employees from representative offices of international organizations, per an agreement by Ukraine’s Ministry of Foreign Affairs, are also not affected.
The suspension duration has been described as two weeks.
From March 14 onwards, Ukrainian embassies have stopped issuing visas to Ukraine.

Analysis & Comments: The new travel restrictions will significantly impact travel to Ukraine. It is possible further restrictions may be announced. Employers should account for affected travelers and rearrange travel schedules accordingly. Significant delays may occur for consular and in-country processing.

Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? Foreign nationals are now able to apply for long-term D visas in-country.

What does the change mean? Eligible nationals on short-term visa-free stays will no longer need to submit long-term D visa applications to the Ukrainian embassy or consulate. Rather, they can apply for the long-term D visa during their stay in Ukraine.

Effective date: June 26.
Visas/permits affected: Type D visas.
Who is affected:Foreign nationals applying for a D visa.
Processing times: In accordance with visa rules, the processing time for long-term D visas is up to 10 business days for regular processing and up to five business days for expedited processing.
What to watch: The associated visa fee charge for D visa applications within Ukraine is higher than the consular visa fee, and is 2550 Ukrainian hryvnia (around $100) for regular processing and 5100 Ukrainian hryvnia (around $200) for expedited processing unless otherwise prescribed by international agreement.

Background: The changes to long-term D visa processing were introduced by the decree of the Cabinet of Ministers of Ukraine dated March 6, 2019, No. 368 “On Amendments to the Regulations of Issuing Visas for Entry into Ukraine and Transit Through its Territory.” Foreign nationals, with the exception of nationals of some CIS countries, must obtain a D visa to apply for a temporary residence permit.

Analysis & Comments: The change is good news for foreign nationals entering Ukraine on a short-term visa free stay as they will be able to apply for a D visa, and thereafter their temporary residence permit, in-country. Employers should plan for the increased visa fee charge that is associated with in-country applications.

Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.

This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – MEDIUM

What is the change? As of Jan. 1, the statutory minimum wage for workers increased to 4,173 hryvnia (about US$150) per month. The minimum monthly salary for foreign employees, not including special local hires and accreditation (service) card applicants, is 41,730 hryvnia per month.

What does the change mean? In 2017, Ukraine abolished labor market testing requirements, imposed minimum salaries for foreign workers and published a salary scheme for foreign employees. The scheme establishes the minimum monthly wage required for foreign workers depending on the work authorization type.

The chart below lists the current salary requirements, as determined by Ukraine’s salary requirement scheme and the new statutory minimum wage:

Category	Salary Requirement Scheme	Salary Requirement for 2019
Local Hire Work Permit	Minimum 10 times the statutory minimum wage per month (10 x UAH 4,173)	41,730 hryvnia
Special Local Hire Work Permit*	Minimum 50 times the statutory minimum wage per month (50 x UAH 4,173) for highly paid professionals Minimum five times the statutory minimum wage per month (5 x UAH 4,173) for employees of NGOs, charities and educational institutions One statutory minimum wage per month (1 x UAH 4,173) for other types of Special Local Hire work permits	208,650 hryvnia for highly paid professionals 20,865 hryvnia for employees of NGOs, charities and educational institutions 4,173 hryvnia for other types of Special Local Hire work permits
Accreditation (Service) Card**	Minimum one statutory minimum wage per month (1 x UAH 4,173)	4,173 hryvnia

* The Special Local Hire work permit is applicable only for foreign IT professionals, creative professionals, founders (members, beneficiaries, controllers) of legal entities set up in Ukraine and graduates from world-rated universities.

**The Accreditation (Service) Card is available for foreign workers employed in representative offices of foreign companies in Ukraine.

Analysis and Comments: Employers should budget for the new minimum salaries, which represent a 12-percent increase over the previous thresholds.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.