Immigration LawHow to Obtain a Residence Permit in UkraineArticle 3 of the Ukrainian Law “On Legal Status of Foreigners and Apatrides” of 4 April 1994 No. 3929-XII provides for that foreigners and apatrides who immigrated in Ukraine or arrived for temporary employment in the country may get permanent or temporary residence permit respectively.
The procedure of issuing a permanent residence permit and settlement of other matters related to immigration of foreigners and apatrides is established by the Ukrainian Law “On Immigration” of 7 June 2001 No. 2491-III. According to the Law, a permanent residence permit is the document certifying the foreigner’s or apatride’s right to permanent stay in Ukraine. The Law also sets forth the immigration quota according to the below categories of immigrants: 1) prominent scientists and artists whose immigration is in line with the national Ukrainian interests;
2) highly qualified experts and specialists who are especially needed for the Ukrainian economy; 3) persons who have invested no less than 100 (one hundred) thousand US dollars in foreign currency to the Ukrainian economy according to the procedure established by the Cabinet of Ministers of Ukraine; 4) brother / sister, grandfather / grandmother or grandson / granddaughter of Ukrainian citizens; 5) persons who have been Ukrainian citizens before; 6) parents, husband / wife of immigrant and his/her minor children; 7) persons who have been living in Ukraine without interval during three years since they were recognized refugees or asked for asylum in Ukraine, as well as their parents, husband / wife and minor children who live with them; The immigration permit, above the quota, may be provided to: 1) husband / wife of Ukrainian citizen if they are married above two years; children and parents of Ukrainian citizens; 2) tutor of Ukrainian citizen, or a person under tutorship of Ukrainian citizen; 3) persons who are entitled to become Ukrainian citizens according to their territorial origin; 4) persons whose immigration is the affair of national interest of Ukraine; 5) foreign Ukrainians, husband / wife of foreign Ukrainian, their children in case of their joint entry and stay in Ukraine. Article 11 of the Ukrainian Law “On Immigration” sets forth the below procedure of immigrant’s entry into Ukraine and getting a permanent residence permit. A person who lives beyond Ukraine and has received an immigration permit can apply to the Embassy or Consulate Office of Ukraine in order to get an immigration visa which is valid within a year after its issue. With the mentioned visa such person may enter Ukraine according to the effective legislation. After entering Ukraine, the immigrant should within five working days apply to the competent executive immigration authority in his/her locality of stay with an application for getting a permanent residence permit. Pursuant to Section 2 of the Procedure of issue of the permanent residence permit approved by the Enactment of the Cabinet of Ministers of Ukraine No. 1983 of 26 December 2002, the territorial branches and departments of the State migration service in the locality of immigrant’s stay are competent in the matters of issuing permanent residence permits. The permits are issued according to the procedure set to immigrants above 16, pursuant to their personal application or application filed by their representatives or other persons according to a duly notarized proxy to the competent territorial branches. In exceptional cases, a permit may be issued to a person under 16 if there is a written notarial consent of both parents. Temporary residence permit According to Section 8 of the Rules of entry of foreigners and apatrides into Ukraine, their departure and transit through Ukrainian territory approved by the Enactment of the Cabinet of Ministers of Ukraine No. 1074 of 29 December 1995, foreigners and apatrides who entered Ukraine for employment after receiving an IM-1 visa and a work permit in the respective Employment center, unless otherwise stipulated by effective law and international agreements of Ukraine, can apply to the competent migration authorities for getting a temporary residence permit according to the procedure set by the State customs service and upon consent of the Administration of the State frontier service of Ukraine. back
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