Jak cudzoziemiec może uzyskać zezwolenie na imigrację do Ukrainy?

Aby przeprowadzić się na Ukrainę na stałe, cudzoziemiec lub osoba bezpaństwowa musi uzyskać zezwolenie na imigrację. Dowiedz się, co jest wymagane, jakie są podstawy i limity oraz jak złożyć wniosek

Pomoc prawna w zakresie wjazdu i pobytu na Ukrainie

UZYSKAJ

Immigration permit – a decision granting foreigners and stateless persons the right to immigrate (in accordance with Article 1 of the Law of Ukraine ‘On Immigration’). The relevant document is issued to immigrants whose categories are defined in Article 4 of the Law of Ukraine ‘On Immigration’.

In the event of a mass arrival of immigrants to the territory of Ukraine (if the proportion of migrants relative to the total population of Ukraine exceeds 10%), the Cabinet of Ministers may establish a quota to counter illegal migration.

Immigration quota – the maximum number of foreigners and stateless persons (apátridas) who may be granted immigration permits during a specified period of time (in accordance with Article 1 of the Law of Ukraine ‘On Immigration’).

Accordingly, the categories of persons specified in Article 4 of the Law of Ukraine ‘On Immigration’ are divided into two groups in such a case:

– categories of persons for whom an immigration quota has been established;

– categories of persons who are granted immigration permits outside the quota.

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For which categories of persons is a quota established for obtaining an immigration permit?

Quotas for obtaining immigration permits may be established for the following categories of persons:

➤ scientists and cultural figures whose immigration is in the interests of Ukraine

➤ highly skilled specialists and workers, the urgent need for which is tangible for the economy of Ukraine, spouses of such persons, their children under the age of 18 - in case of their joint entry and stay in Ukraine

➤ persons who have made a foreign investment in the economy of Ukraine in foreign convertible currency in the amount of not less than one hundred (100) thousand US dollars;

➤ persons who are full brothers or sisters, grandparents, grandsons or granddaughters of Ukrainian citizens;

➤ persons who previously held Ukrainian citizenship (for information on what documents are required for immigration to Ukraine for persons who previously had Ukrainian citizenship, read here);

➤ the immigrant's spouse, if they have been married for more than two years, his/her children under the age of 18, and his/her disabled parents who are considered family members of the immigrant in accordance with the law of the foreign country of origin (to find out how to legalise your status in Ukraine on the basis of family reunification, follow the link);

➤ persons who have continuously resided on the territory of Ukraine for three years from the date of establishing the status of a person who has suffered from human trafficking;

➤ persons who have served in the Armed Forces of Ukraine, the State Special Transport Service, or the National Guard of Ukraine for three or more years (how to obtain permission to immigrate to Ukraine after the expiration of your contract with the Armed Forces of Ukraine, read the link);

➤ persons who served in the Armed Forces of Ukraine, the State Special Transport Service and the National Guard of Ukraine (regardless of the period of military service) and were recognized by military medical commissions as unfit for military service for health reasons as a result of diseases, injuries (traumas, contusions, mutilations) received during the performance of military service;

➤ persons specified in parts four to six, eight to twelve, and fifteen of Article 4 of the Law of Ukraine ‘On the Legal Status of Foreigners and Stateless Persons’, provided that they have continuously resided in Ukraine on the basis of a temporary residence permit for the last five years.

Which categories of persons are eligible for immigration permits to Ukraine outside the quota?

Permission to immigrate outside the quota category is granted to:

➤ one of the spouses, if the other spouse with whom he or she has been married for more than two years is a citizen of Ukraine, children and parents of Ukrainian citizens

➤ one of the spouses, if the other spouse is a deceased citizen of Ukraine - a serviceman of the Armed Forces of Ukraine, other military formations established in accordance with the laws of Ukraine, the Security Service of Ukraine, the State Service of Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the State Border Service of Ukraine, the State Security Service of Ukraine, the State Special Transport Service, special-purpose law enforcement agencies or intelligence agencies of Ukraine (regardless of the duration of the marriage valid at the time of death), in the event of an application for immigration permission during the period of martial law and within six months from the date of its termination or cancellation;

➤ persons who are guardians or trustees of Ukrainian citizens or are under the guardianship or trusteeship of Ukrainian citizens;

➤ persons who have the right to acquire Ukrainian citizenship by territorial origin (except for persons who previously held Ukrainian citizenship);

➤ persons whose immigration is of national interest to Ukraine;

➤ foreign Ukrainians, spouses of foreign Ukrainians, their children in case of their joint entry and stay in Ukraine;

➤ stateless persons who have been residing in Ukraine on the basis of a temporary residence permit for two years from the date of their recognition as stateless persons.

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How to obtain an immigration permit: step-by-step guide

1. Collect the necessary documents.

2.1. For persons permanently residing abroad, apply for an immigration permit to the diplomatic missions or consular offices of Ukraine abroad at the place of permanent residence.

2.2. Persons legally residing in Ukraine - to the territorial subdivisions of the SMS of Ukraine at the place of residence.

3. Receive a decision based on the results of consideration of the application for an immigration permit, a copy of which is sent within three working days from the date of adoption directly to the applicant (his/her legal representative) or through the Ministry of Foreign Affairs to the relevant foreign diplomatic mission of Ukraine.

Rules for submitting an application

– An application for an immigration permit and the documents required by law are submitted by the applicant in person or through a legal representative.

– For persons under the age of 18, as well as persons who have been recognized as incapacitated in accordance with the established procedure, an application for an immigration permit is submitted by their legal representatives.

– Persons legally staying in Ukraine who have applied for an immigration permit and have reached the age of 12 are required to submit their biometric data (digitized facial image and digitized fingerprints), and persons who have reached the age of 14 are also required to submit a digitized signature.

Documents required to obtain an immigration permit to Ukraine

➤ Application (to be submitted electronically when submitting documents);

➤ Valid passport document of a foreigner or passport documents – in case a foreigner has simultaneous citizenship (nationality) of several states (multiple citizenship), or a document certifying a stateless person (returned upon presentation), and copy(s) of the passport document(s), or a decision on recognition of a stateless person in Ukraine;

➤ Ukrainian translation of the page with personal data of the passport document (in case of citizenship (nationality) of several states (multiple citizenship) - passport documents) of the foreigner or a document certifying the stateless person, including the decision on recognition as a stateless person in Ukraine, certified in accordance with the procedure established by law;

➤ Three 3.5 x 4.5 centimeter photographs;

➤ A document on the person's place of residence abroad and in Ukraine. For persons who are temporarily legally residing on the territory of Ukraine or applying through foreign diplomatic missions of Ukraine, such a document is

— a document of ownership or a certificate of state registration of ownership of the dwelling (returned upon presentation) and a copy thereof,

— if the housing does not belong to the applicant, a written consent of the owner (co-owner) of such housing, certified in accordance with the established procedure.

— If the housing provided to the foreigner and stateless person for stay is in state or municipal ownership, instead of the ownership document, a document confirming the right of the host party to use such housing (warrant, duly executed lease/rental/ sublease agreement, etc.) (returned upon presentation) and its copy, as well as written consent for the stay of the foreigner and stateless person of all adults whose place of residence is registered/declared in such housing;

➤ Information on family composition, a copy of the marriage certificate (if the applicant is married);

➤ A document confirming that the person does not suffer from chronic alcoholism, substance abuse, drug addiction or infectious diseases, the list of which is determined by the central executive body on health care (the requirement does not apply to persons referred to in paragraphs 1, 3, 6 of part three of Article 4 of the Law of Ukraine "On Immigration");

➤ A certificate issued by the competent authority of the state of previous residence or its diplomatic mission in Ukraine on the absence of a criminal record (the requirement does not apply to persons referred to in paragraphs 1 and 3 of part 3 of Article 4 of the Law of Ukraine "On Immigration");

➤ In case of submitting an application for an immigration permit within 30 days from the date of the decision to terminate Ukrainian citizenship or cancel the decision to formalize the acquisition of Ukrainian citizenship by a foreigner or stateless person, the original (returned upon presentation) and a copy of such decision shall be submitted;

➤ Receipt of payment of the administrative service fee;

The term for consideration of an application for an immigration permit may not exceed six months from the date of its submission to the central executive body implementing state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, or one year from the date of its submission to a diplomatic mission or consular post of Ukraine abroad.

An application form for a permanent residence permit may be submitted by an immigrant within one year from the date of issuance of an immigration permit.

You can get help with immigration to Ukraine and obtaining permits on the Visit Ukraine portal. Our lawyers provide written and oral consultations to resolve any migration issues, as well as full legal support, which, in addition to consultations, includes direct assistance with the collection, submission and receipt of the documents you need. 

Our lawyers understand how difficult it can be for a foreigner to understand all the nuances of Ukrainian legislation, especially without perfect knowledge of the language, and therefore are ready to provide comprehensive assistance in resolving your issues. You can order a specialist consultation by following this link.

We remind you! To obtain a permanent residence permit in Ukraine, a foreigner must meet certain criteria. Read more about the grounds for obtaining a residence permit, the documents required for this purpose, the procedure for obtaining a residence permit and other important nuances in our previous article.

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