RESIDENCE PERMIT IN UKRAINE TO 2017

According to the current legislation of Ukraine, foreigners and stateless persons may immigrate to Ukraine for permanent residence (permanent residence) or temporary (residence permit) stay.

Permanent residence permit is obtained in exceptional cases, such as marriage to a citizen of Ukraine for more than 2 years, the presence of another close relative - a citizen of Ukraine (for example, child, father, mother, or grandparent), marriage to a foreign immigrant.

For many foreigners such conditions objectively does not exist and we do not advise anyone to deal with forgery of documents or to arrange sham marriages (it is punishable by law).

We recommend to formalize a temporary residence permit up to 3 years, and anything terrible. On the contrary, this method is the most safe and legal.

After receiving a temporary residence permit and having lived in Ukraine for some time You will understand whether You need to stay in Ukraine permanently or perhaps Your plans will change and You will want to explore the World further.

Most rasprostranennymi grounds for obtaining a residence permit, are married to a citizen of Ukraine and a work permit (the work permit of the foreigner in Ukraine).

In 2017, the legislator has changed the conditions for obtaining work permits for the main categories of job seekers, however, introduced some exceptions to the rule.

The basis for obtaining a temporary residence permit ("podci on tymczasowe perebuvannya in Ukraine") in Ukraine is including the presence of permission on employment of foreigner in Ukraine, which issued a special state body. To obtain Permission for employment in Ukraine, a foreigner can open in Ukraine their enterprise or find employment in an existing business.

Learn more about the procedure of obtaining work permits, You can read our other article at:

PERMISSION TO EMPLOYMENT OF FOREIGNERS. THE EMPLOYMENT CENTER. NEWS

Legal regulation of temporary residence permit by the legislation of Ukraine, are regulated by several individual legal acts and the procedure for obtaining the current legislation is regulated somewhat confusing way for the common man.

In this article we will attempt to correct the omission and to explain to You what is a temporary residence permit and how to obtain it.

In accordance with the Law of Ukraine "On legal status of foreigners and stateless persons", foreigners and persons without citizenship in the prescribed manner to arrive such as for volunteer work, service, religious organizations, compliance with and enforcement activities of the public organization, employment in a private or a private company for a fixed term as well as temporarily stay on its territory in this regard.

Foreigners and persons without citizenship staying in Ukraine on a legal basis that grants the right to temporarily stay on the territory of the country are considered temporarily staying in Ukraine. They must in the manner determined by the Cabinet of Ministers of Ukraine, to register and to depart from Ukraine after the end of the period of stay (in case of non-renewal of their temporary residence permit - "povidky").

NEW LEGISLATION IN 2017

27.09.2017. Date of entry into force of the Law of Ukraine from 23.05.2017 "On amendments to some legislative acts of Ukraine on elimination of barriers to attracting foreign investment".

This is a significant day that changed the market of foreign labor in Ukraine.

So, the above law was amended in article 4 of the law of Ukraine "On legal status of foreigners and persons without citizenship". Have the opportunity to obtain residence permit through investments in private Ukrainian company from EUR 100 000 or more.

THE FOREIGNER IS THE FOUNDER AND(OR) THE PARTICIPANT AND(OR) BENEFICIARY THE OWNER (CONTROLLER) OF A LEGAL ENTITY

It is established that the basis for the issuance of a residence permit if foreigners and persons without citizenship, are the founders and(or) participants and(or) the beneficial owners (controllers) of legal entities registered in Ukraine are the following compelling circumstances:

 1) a foreigner and a stateless person is the founder and(or) participant, and(or) beneficial owner (controller) of a legal entity, which is included in the Unified state register of legal entities, individuals - entrepreneurs and community groups;

 2) the size of the share of the property of a foreigner or person without citizenship, or foreign legal entity, the beneficiary (the controller) which it is, in the Charter capital of a Ukrainian legal entity is not less than 100 000 euros at the official exchange rate set by the National Bank of Ukraine on the date of entering foreign investment ".

THE BASIS FOR ISSUING A RESIDENCE PERMIT BASED ON INVESTMENT, ARE:

1) the application of a foreigner or person without citizenship;

2) a valid medical insurance policy;

3) a written commitment of the legal entity to inform the Central body of Executive power that ensures implementation of state policy in the sphere of migration, the loss of a foreigner or stateless person status of the founder and(or) participants and(or) beneficial owner (controller) of this legal entity;

4) other documents depending on the form of foreign investment:

a copy of constituent documents of legal persons;

data on the fraction of a foreigner or stateless person - founder (participant) of a legal entity in the amount of not less than 100 000 euros at the official exchange rate set by the National Bank of Ukraine on the date of entering foreign investment, as contribution to the authorized capital if the foreign investment realized in monetary form;

a copy of the cargo customs Declaration for personal property transferred as the contribution in authorized capital of the legal entity and the copy of the act of transfer and acceptance of such property if the foreign investment is made in the form of property;

a copy of the act of acceptance-transfer of movable or immovable property transferred as a contribution into the Charter capital of the legal entity if the foreign investment is made in the form of property, but such property purchased in the territory of Ukraine;

statement of securities account, if the foreigner or the stateless person is the shareholder of joint-stock companies registered in Ukraine.

AT THE MOMENT, THE LIST OF NECESSARY DOCUMENTS FOR OBTAINING A RESIDENCE PERMIT WAS REDUCED AND NO LONGER NEED TO PROVIDE:

The certificate on the state registration of the enterprise

Copy of statistics certificate.

Copy of certificate from Bank about accounts.

Certificate from the tax on absence of debts on taxes and levies.

A copy of the card account in the Management of Migration service.

Copy of the identification code of the foreigner.

Medical certificate confirming absence of diseases such as AIDS, tuberculosis.

Certificate of psychiatrist.

The certificate of no criminal record in Ukraine.

Certificate form of family composition.

A statement of all adult family members (18 years) of no objection for the registration of a foreign citizen.

Documents confirming the right of ownership or use of the apartment — contract of sale, donation or lease, registered in the housing and operational organization.

A copy of the insurance policy.

A LONG STAY VISA "D".

The Law on legal status of foreigners and persons without citizenship is supplemented with article 5-2 - a long stay visa to obtain a residence permit.

It is established that foreigners and persons without citizenship are obliged to obtain a long-term visa "D" with the aim of obtaining a residence permit in Ukraine, unless otherwise provided by laws or international treaties of Ukraine.

This requirement does not apply to foreigners and stateless persons in respect of whom a decision on processing of documents for resolving the issue of recognition as refugee or person who needs additional protection. This decision is made according to the Rules of consideration of applications and issuance of documents required for resolving the issue of granting refugee status or person who needs additional protection, loss and deprivation of refugee status and complementary protection, and cancellation of the decision on recognition of refugee status or person who needs complementary protection, utverzhdenii the Order of the Ministry of internal Affairs of Ukraine No. 649 dated 07.09.2011 Registered at the Ministry of justice of Ukraine on 05 October 2011 No. 1146/19884. Learn more about the procedure for obtaining refugee status You can read in our other article:

REFUGEE STATUS

The requirement under the first paragraph of this article shall not apply to foreigners and persons without citizenship in case of:

1) extension of period of validity of the residence permit, if they filed an application within the period specified by part two of article 5-3 of this Law;

2) receiving time at the children of foreigners and persons without citizenship residing in Ukraine in accordance with paragraphs fourteen and fifteen of article 4 of this Law, provided that by the time they reach 16 years they were on the territory of Ukraine on legal grounds, and asked about the receipt of form within one month from the date of attaining the age of 16.

THE ORDER OF ACCEPTANCE OF THE APPLICATION ABOUT THE REGISTRATION OR EXTENSION OF VALIDITY OF THE RESIDENCE PERMIT

A foreigner or a stateless person submits application for registration or renewal of residence permit and relevant documents, defined by this Law and the Cabinet of Ministers of Ukraine, personally or through a representative under a power of attorney to the territorial body of the Central Executive body that ensures implementation of state policy in the field of migration.

For assistance in the preparation of documents and obtaining residence permit in Ukraine You can contact our Office.

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