Procedure and conditions for immigration to Ukraine for foreigners and stateless persons are set by the Law of Ukraine “On immigration”.
Permit for immigration to Ukraine can be granted to the foreigners and stateless persons, who according to the Ukrainian legislation have the grounds to immigrate to Ukraine. The mentioned grounds are listed in the Article 4 of the law of Ukraine “On immigration”.
Immigration permit is granted within an immigration quote determined by the Cabinet of Ministers of Ukraine according to the prescribed procedure to the following categories of immigrants:
1) scientists and cultural workers whose immigration corresponds to the interests of Ukraine;
2) highly qualified specialists and workers who are needed badly for the Ukrainian economy;
3) persons who made an investment into the Ukrainian economy by foreign currency on the amount not less than 100 000 USD. Such an investment should be duly registered in accordance with the prescribed procedure;
4) persons who are either brother or sister, grandfather or grandmother, or grandchild of the Ukrainian national;
5) persons who previously possessed the Ukrainian citizenship;
6) parents / spouse of the immigrant and his/her minor children;
7) persons who continuously resided in Ukraine during three years from the day when the status of refugee or asylum were granted to them, as well as their parents, spouse, minor children residing with such persons.
Immigration permit beyond the quote is granted to the following persons:
1) one of the spouses if another spouse is the Ukrainian national and marriage between them was registered more than two years ago, children and parents of the Ukrainian nationals;
2) persons who are guardians or trustees of the Ukrainian nationals or are under the guardianship of the Ukrainian nationals;
3) persons who have the right to become a citizen of Ukraine on the basis of territorial origin;
4) persons whose immigration is a state interest for Ukraine;
5) foreign Ukrainians, the spouse of such foreign Ukrainians, their children if they stay jointly in Ukraine.
According to the Article 9 of the law “On Immigration”, the applications for immigration permit should be submitted:
1) by the persons who permanently reside abroad – to the Ukrainian diplomatic and consular missions at the place of permanent residence;
2) by the persons who stay in Ukraine on legal grounds – to the authorized authorities at the place of residence (namely to the concerned regional divisions of MIA of Ukraine).
An application for immigration permit should be submitted personally by the applicant to the respective state authority. In the case of reasonable excuse (sickness of the applicant, natural disaster etc.) the application can be sent by post or submitted by another person with notary attested apostilled authorization letter for this purpose (letter should have apostilled translation into Ukrainian language).
An application for immigration permit in favor of minors as well as incapable persons can be submitted by their legal representatives.
If one of the parents immigrates with minor children, he (she) should provide a notary attested statement from his spouse stating that this spouse has no objection against immigration of children with the second parent. If such consent could not be given, the parent should obtain an official order from the concerned authorities allowing children to stay with this parent. Such an order should be legalized by consular post of Ukraine unless other is prescribed by the international Treaty of Ukraine.
The following documents along with an application should be submitted for immigration permit:
1) copy of passport document;
2) three photos 3.5 x 4.5 cm.;
3) document containing information on place of residence (in Ukraine and abroad);
4) documentary information on family composition (copies of birth certificate, marriage certificate, adoption or guardianship documents etc.);
5) medical document confirming that the person does not suffer from chronic alcoholism, toxicomania, narcomania or infection disease list of which is defined by concerned central body on health issues (this does not relate to the persons mentioned in clauses 1, 3, section 3, article 4 of the law “On Immigration”).
Persons who permanently reside abroad should submit a police clearance certificate along with the immigration permit application (this does not relate to the persons mentioned in clauses 1 and 3, section 3, Article 4 of the Migration Act of Ukraine.
The documents issued by the competent authorities of the foreign states are subject to legalization unless otherwise is prescribed by the international treaties of Ukraine. All documents (also translations to Ukrainian language, written confirmation of consent for immigration and guaranties from the inviting persons) made in the United States of America have to be witnessed (apostilled) in accordance with para 6 of the Act of the Cabinet of Ministers of Ukraine #1238 of August 05th, 1998. The documents which data can be changed should be submitted within 6 months from the date of issuance.
Example: Birth certificate shall be apostilled. All pages of apostille and birth certificate shall be translated to Ukrainian language, signed by translator, notarized and also apostilled. The apostilled translation shall include a copy of the birth certificate from which it was translated.
If any fees are applied by the Ukrainian legislation for the formalities related to granting immigration permit, the document confirming payment of such fees should be attached to the application for immigration permit.
In case if any of the documents defined by the law of Ukraine is not submitted an application for immigration permit cannot be accepted.
Whereas it is necessary and does not contradict with the law of Ukraine the concerned competent authorities handling migration issues may request other documents to specify the grounds for issuance of immigration permit and may invite the applicants or other persons for interview.
The processing time for application shall not exceed 1 year from the date when such application was submitted.
The rules of entry to Ukraine and issuance of Certificate for Permanent Residence in Ukraine.
Diplomatic or consular mission of Ukraine in respect of the person, who permanently resides abroad and obtained immigration permit, issues immigration visa which is valid within 1 year from the date of issuance. Such person entries the Ukrainian territory according to the rules determined by the Ukrainian legislation.
After arriving to Ukraine the immigrant should submit an application for obtaining Permanent Residence Certificate (PRC) is the document which confirms the right of the foreigner or stateless person to permanently reside in Ukraine) to the concerned regional migration authorities at the place of immigrant’s residence. A copy of applicant’s passport containing immigration visa and a copy of immigration permit should be attached.
Permanent Residence Certificate shall be issued within 1 week from the date of receiving the application by concerned immigration authorities.
Permanent Residence Certificate for the person who legally stays in Ukraine and obtained immigration permit shall be issued by concerned immigration authorities at the place of his/her residence within 1 week after receiving an application.