Marriage to a Ukrainian citizen remains one of the most common ways for foreigners to legalize their stay in Ukraine. However, in 2026, Ukrainian migration authorities significantly strengthened immigration control measures. Suspicion of a sham marriage is now a common reason for refusal of a Type D visa, temporary residence permit in Ukraine, extension, or renewal.

Under Article 40 of the Family Code of Ukraine, a fictitious marriage is defined as a marriage concluded without the intention of creating a genuine family and assuming marital rights and obligations. The consequences can be severe — from refusal of immigration legalization to cancellation of issued documents and deportation from Ukraine.

Real Examples from Ukrainian Court Practice

Example 1.

In 2023, a Ukrainian citizen filed a lawsuit seeking recognition of the invalidity of a marriage registered in 2016 with a citizen of Azerbaijan in the Kyiv region. The claimant stated that the marriage had been concluded solely for financial compensation. The foreign citizen never lived with her, did not maintain a shared household, avoided family relations, and had no intention of creating a real family. The court carefully examined evidence including the absence of jointly owned property, separate places of residence, and witness testimony from relatives and neighbors. As a result, the court declared the marriage fictitious from the date of registration. After the court decision entered into force, the State Migration Service canceled the foreigner’s temporary residence permit.

Example 2.

In case No. 748/4118/23 (2024 court decision), a Ukrainian citizen challenged a marriage registered in 2019 in the Chernihiv region with a citizen of India. The foreign national obtained a temporary residence permit in Ukraine primarily for employment and legal stay purposes. The claimant proved that the spouses never lived together, never shared financial responsibilities, and maintained only minimal formal communication. During the proceedings, the court considered the significant age difference, the short period of acquaintance before marriage, and the complete lack of evidence of genuine family relations. The court fully satisfied the claim, declared the marriage invalid from the date of registration, and ordered the cancellation of the civil registry record. This decision became grounds for refusal of future residence permit issuance and renewal.

Example 3.

In 2025, the Central Interregional Department of the State Migration Service in Kyiv and the Kyiv region canceled a temporary residence permit issued to a citizen of an Asian country based on marriage to a Ukrainian woman. During the inspection, authorities discovered that the spouses did not live together, the foreigner did not participate in family life, and the Ukrainian spouse received financial compensation. The foreign national appealed the decision in the Kyiv District Administrative Court, but the court upheld the migration authority’s decision, citing the absence of genuine family relations and proven fictitiousness of the marriage.

Legal Consequences of a Fake Marriage in Ukraine

A sham marriage may lead not only to refusal of a visa or residence permit, but also to:
- Cancellation of temporary or permanent residence permits already issued.
- Deportation from Ukraine and entry bans for several years.
- Criminal liability for organizing illegal immigration legalization schemes under Article 332 of the Criminal Code of Ukraine, including liability for organizers and accomplices.
- Future inability to obtain Ukrainian citizenship or other legal immigration status.

Even couples in genuine marriages may face immigration refusal if they fail to provide sufficient evidence of shared family life, such as photographs from different periods, bank statements, witness testimony from relatives, and shared address registration.

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