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The Cabinet of Ministers Amended Legislation to Resolve the Obtaining Temporary Residence Permits for Stateless Persons Issue with R2P’s Experts Help
September 17, 2025
The Cabinet of Ministers of Ukraine adopted Resolution No. 573, which simplifies the process of obtaining temporary residence permits for stateless persons with the help of experts from the R2P’s Assistance to Stateless Persons programme direction. Those who have a decision on forced return, expulsion, or entry ban can obtain this document now. This will enable them to regularise their legal status and get a document that certifies their identity and grants them the right to legal residence.
Previously, people who received a decision on forced return, expulsion, or entry ban were denied a temporary residence permit. The reason was that the procedure for issuing a temporary residence permit did not comply with the legal guarantees of Article 6-1 of the Law of Ukraine, On the Legal Status of Foreigners and Stateless Persons. Such persons were often detained by law enforcement officers and received administrative penalties for violating Ukraine's migration legislation. However, these persons could neither obtain a permit for legal residence in Ukraine nor comply with administrative penalties — obligations of forced return, expulsion, or fines — because they did not have identity documents.
R2P’s experts identified these inconsistencies in the legislation. They appealed to the Supreme Court to challenge the inaction of the Cabinet of Ministers of Ukraine and to oblige it to amend the Procedure for issuing temporary residence permits in connection with the introduction of the Statelessness determination procedure for recognising stateless persons in Ukraine. The Court ruled in favour of the appeal in December 2024.
Subsequently, the Cabinet of Ministers of Ukraine amended Order No. 322, thereby changing the rules for issuing temporary residence permits. Now, stateless persons can obtain this document even if a court has previously issued a decision on their forced return, expulsion, or entry ban. This allows them to legalise their residence in Ukraine and finally obtain an identity document.
Anastasiia Koval, Senior Legal Analyst for R2P’s Assistance to stateless Persons programme direction
"These changes in legislation create an important legal mechanism for regulating the status of stateless persons in Ukraine. For the first time, those who have been subject to a decision on forced return or entry ban will be able to obtain a temporary residence permit. This allows them to obtain a document certifying their identity, legally reside in Ukraine and exercise their rights. In this way, Ukraine is taking an important step towards complying with international standards and protecting the rights of these categories of people."
Following the acceptance of changes to Order No. 322, the situation for these categories of stateless persons should improve: they can now count on compliance with the guarantees of the Statelessness determination procedure for recognition as a stateless person.