Obtaining an immigration permit to Ukraine

If you need to apply for an immigration permit and you want to apply for a package of documents in this article, you can learn about all the intricacies you need to know to obtain a permit.

If you do not understand something or due to lack of time you can not prepare packages for the permit. for immigration You can apply to the migration lawyers of the LAW FIRM "Novakovskaya and Partners" by calling

phone +38 050 530 62 72.

cost from 10000 UAH (400 $)

In recent years, the interest of foreign citizens to obtain an immigration permit to Ukraine and subsequently obtain a permanent residence permit in Ukraine or acquire Ukrainian citizenship has been growing.

Given the difference in mentality and language barriers, foreign nationals face a number of "ambiguities" in the design of a package of documents for an immigration permit. It is difficult to understand the legislation of Ukraine without professional help, so often a foreigner is not able to prepare a package of documents for an immigration permit to Ukraine and submit it to the migration service for the first time. An unprofessional approach to the registration of documents for an immigration permit leads to the refusal of the migration service to issue it and forces the foreigner to leave the territory of Ukraine.

The Law of Ukraine "On Immigration" clearly defines the grounds for obtaining an immigration permit within and outside the quota.

According to Art. 4 of the Law of Ukraine "On Immigration" within the quota permit is issued:

1) figures of science and culture, whose immigration meets the interests of Ukraine;

2) highly qualified specialists and workers, the urgent need for which is palpable for the economy of Ukraine;

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

4) persons who are full brothers or sisters, grandparents, grandson or granddaughter of citizens of Ukraine;

5) persons who were previously citizens of Ukraine;

6) parents, husbands (wives) of the immigrant and his minor children;

7) persons who have continuously resided on the territory of Ukraine for three years from the date of establishing their status as a victim of human trafficking;

8) persons who have served in the Armed Forces of Ukraine for three or more years.

An immigration permit outside the immigration quota is granted to:

1) to one of the spouses, if the other spouse, with whom he has been married for more than two years, is a citizen of Ukraine, children and parents of citizens of Ukraine;

2) persons who are guardians or trustees of citizens of Ukraine, or are under the guardianship or custody of citizens of Ukraine;

3) persons who have the right to acquire the citizenship of Ukraine by territorial origin;

4) persons whose immigration is of state interest to Ukraine;

5) foreign Ukrainians, spouses of foreign Ukrainians, their children in case of their joint entry and stay on the territory of Ukraine;

6) stateless persons who have resided on the territory of Ukraine on the basis of a temporary residence permit for two years from the date of recognition as stateless persons.

Each of the above grounds requires its own package of documents. The big mistake of many is that they prepare one package for all reasons, resulting in a refusal.

WHAT FIRST OF ALL IT IS NECESSARY TO PAY ATTENTION!

1. PASSPORT (when translating a passport and notarizing, all pages of the passport are required, including blank ones, and not only those with marks).

2. REGISTRATION OF PLACE OF RESIDENCE (as practice shows, many people register their place of residence in places of mass registration where they do not live, as a result of which checks of residence are not confirmed, actual places of residence are not suitable for living or houses are destroyed). When a person chooses a place of registration, remember that you will be sent an immigration permit at the address provided. And if you are registered in an "incomprehensible" place, you will not know the specified document.

3. INVESTMENT. If you decide to apply for an immigration permit on the basis of an investment, it is important to first negotiate with banks in Ukraine to open an investment account. Because in practice most banks are not familiar with the certificate required by the Migration Service of Ukraine. The law requires terminology in the certificate of investment in the development of Ukraine's economy in the total amount of 100,000 US dollars. If the certificate is not issued properly by the bank, you will be denied an immigration permit, as these are the main documents when applying for an investment permit.

4. CERTIFICATE ABOUT JUDGMENT. When issuing a certificate of no criminal record in the country of citizenship, it is necessary to take into account the period during which it will be valid. That is, it is better to get a certificate before traveling to Ukraine. A certificate of no criminal record must be with an apostille that you put in the country of citizenship, and not in Ukraine.

5. QUOTA OF IMMIGRATION. In Ukraine, a quota is established by the Cabinet of Ministers of Ukraine for the maximum number of foreigners or stateless persons who are granted an immigration permit during a calendar year. Therefore, before submitting documents to the Migration Service for an immigration permit and check whether you qualify for the quota or not and how many permits will be issued.

GENERAL LIST OF DOCUMENTS REQUIRED TO OBTAIN IMMIGRATION PERMIT

1. Application (submitted in person), with the exception of illness through a representative by a notarial power of attorney. For minor children their legal representatives apply. If one of the parents who are accompanied by minor children immigrates, a statement of the other parent, notarized with an apostille, is required, stating that the latter does not object to the immigration of his child together with his mother and father in Ukraine. In the absence of such consent, a decision of the relevant authority is required to leave the child with one of the parents. This decision must be legalized by the consular office.

2. Three photos

3. Document on registration of place of residence

4. Information about the composition of the family (marriage certificate)

5. Documents confirming that the person is not sick with chronic alcoholism, substance abuse, drug addiction or infectious diseases.

6. Certificate of no criminal record.

7. Document confirming the payment of the state fee.

Additional documents are required depending on the basis on which the person applies for a permit:

• scientists and cultural workers whose immigration is in the interests of Ukraine - a document that confirms the support of their application by the central executive body of Ukraine;
• highly qualified specialists and workers, the urgent need for which is tangible for the Ukrainian economy - copies of documents confirming the compliance of the qualification level of a specialist or worker with the requirements provided for in the list approved by the central executive body that ensures the formation of state policy in the field of labor;
• persons who have made a foreign investment in the economy of Ukraine in foreign convertible currency in the amount of at least 100 (one hundred) thousand US dollars - copies of the charter and / or registered agreements (contracts) on investment activities and a bank statement on the receipt of foreign investments in the economy of Ukraine in foreign convertible currency in the amount of at least 100 (one hundred) thousand US dollars;
• to persons who are a full brother or sister, grandfather or woman, grandson or granddaughter of citizens of Ukraine - copies of documents certifying their relationship with a citizen of Ukraine;
• to persons who were previously in the citizenship of Ukraine - a document confirming that the person was previously in the citizenship of Ukraine;
• parents, spouse (spouse) of an immigrant and his minor children - copies of documents certifying their relationship with the immigrant, and a document stating that the immigrant does not object to their immigration and guarantees them financial security at a level not lower than the subsistence level established in Ukraine;
• to persons who have continuously resided in the territory of Ukraine for three years from the date of establishing the status of a victim of trafficking in persons - a copy of the document confirming the establishment of the status of a person who has suffered from trafficking in persons, as well as a document confirming the fact of continuous residence of the person legally on the territory of Ukraine within three years from the date of establishment of the status of a victim of trafficking in persons;
• persons who have served in the Armed Forces of Ukraine for three or more years - a document confirming the fact of military service in the Armed Forces of Ukraine;
• to persons who are guardians or trustees of citizens of Ukraine, or are under the guardianship or guardianship of citizens of Ukraine - copies of documents on their appointment as guardians or trustees over the citizens of Ukraine or on establishing guardianship or trusteeship of a citizen of Ukraine over them;
• to persons entitled to acquire Ukrainian citizenship by territorial origin - documents confirming the person's right to acquire Ukrainian citizenship by territorial origin in accordance with Article 8 of the Law of Ukraine "On Citizenship of Ukraine";
• to persons whose immigration is of state interest for Ukraine - representation of the central executive body of Ukraine that the immigration of a person is of state interest for Ukraine;
• foreign Ukrainian, spouses of foreign Ukrainian, their children in the event of their common entry and stay on the territory of Ukraine - documents confirming the receipt of the status of foreign Ukrainian, or copies of documents certifying their kinship with foreign Ukrainian;
• stateless persons living on the territory of Ukraine on the basis of a residence permit within two years from the date of their recognition as stateless persons - originals (after presentation are returned) and copies of the residence permit and the decision to grant the status of a stateless person.

DEADLINE FOR SUBMISSION: The Migration Service authorities review the documents for granting an immigration permit during the year.

NO IMMIGRATION PERMISSION IS PROVIDED

The Migration Service Authority refuses to grant an immigration permit:

1) to persons sentenced to imprisonment for a term of more than one year for committing an act, in accordance with the laws of Ukraine, is recognized as a crime, if the conviction has not been canceled and removed in accordance with the procedure established by law;

2) persons who have committed a crime against peace, a war crime or a crime against humanity and humanity, as defined in international law, or are wanted in connection with the commission of an act, in accordance with the laws of Ukraine is recognized as a grave crime, or they have been notified of suspicion of committing a criminal crimes, the pre-trial investigation of which has been completed;

3) persons suffering from chronic alcoholism, substance abuse, drug addiction or infectious diseases, the list of which is determined by the central executive authority responsible for the formation of state policy in the field of health protection;

4) persons who, in their applications for an immigration permit, noted deliberately false information or submitted fake documents;

5) persons who, on the basis of the law, are prohibited from entering the territory of Ukraine.

IMPORTANT!    The procedure for entering the territory of UKRAINE

A person who permanently resides outside Ukraine and learned that she has been granted an immigration permit before flying to Ukraine must apply to a diplomatic mission or consular office of Ukraine for a long-term D1 visa. If you have issued another visa, you will not be able to apply to the authorities of the Migration Service for obtaining a residence permit in Ukraine.

Upon arrival of an immigrant in Ukraine, a person must apply within five working days to the migration service with an application for a residence permit. The application must be accompanied by a copy of the passport with a D1 visa and a copy of the decision to grant an immigration permit.

A person who is legally in Ukraine and received an immigration permit simply needs to apply to the migration service with an application for the issue of a type.

The term for issuing a residence permit in Ukraine is 7 days.

Cancellation of an immigration permit. LEAVING AND EXPULSION FROM UKRAINE

Art. 12 of the Law of Ukraine "On Immigration" - an immigration permit may be canceled if there are grounds for canceling an immigration permit, including:

1) it turns out that it was provided on the basis of knowingly false information, forged documents or documents that have become invalid;

2) the immigrant is sentenced in Ukraine to imprisonment for more than one year and the court verdict has entered into legal force;

3) the actions of the immigrant pose a threat to the national security of Ukraine, public order in Ukraine;

4) it is necessary for the protection of health, protection of the rights and legitimate interests of citizens of Ukraine;

5) the immigrant violated the legislation on the legal status of foreigners and stateless persons.

Withdrawal of a residence permit, departure and expulsion from Ukraine

The State Migration Service, no later than within a week, sends a copy of the decision to revoke the immigration permit to the person in respect of whom such a decision was made, and withdraws his residence permit.

A person in respect of whom a decision was made to revoke an immigration permit must leave Ukraine within a month from the date of receipt of a copy of this decision.

If during this time the person has not left Ukraine, she is subject to expulsion in the manner prescribed by the legislation of Ukraine. In the event of cancellation of an immigration permit in respect of a person who, prior to its granting, was recognized as a refugee in Ukraine, it cannot be expelled or forcibly returned to a country where his life or freedom is threatened because of his race, nationality, religion, citizenship ( citizenship), belonging to a particular social group or political opinion.

If a person appealed against the decision to revoke the immigration permit to the court, the decision on her expulsion is made before the court decision comes into legal force.

In case of cancellation of an immigration permit and withdrawal of a residence permit in connection with a conviction to imprisonment by a court verdict, the person must leave Ukraine within a month from the date of serving the sentence.

If the person in respect of whom the decision was made to refuse to grant him an immigration permit, during the consideration of his application has lost other legal grounds for staying in Ukraine, must leave Ukraine within a month.

Re-submission of an application for an immigration permit

A person may re-apply for an immigration permit no earlier than one year from the date of the decision to refuse or revoke an immigration permit.

Are considered to have IMMIGRATION PERMIT:

• foreigners and stateless persons who arrived in Ukraine for permanent residence before the entry into force of this Law and have a registration mark in the passport of a citizen of the former USSR of 1974 type or have received a residence permit in Ukraine;
• foreigners and stateless persons who were forced to leave their places of permanent residence in the Autonomous Republic of Abkhazia of Georgia, arrived in Ukraine, received a temporary certificate in accordance with the established procedure and lived in Ukraine for at least five years, as well as their adult children who arrived in Ukraine together with them before reaching the age of majority, and applied with an application for issuing them a permanent residence permit in Ukraine;
• foreigners and stateless persons who arrived in Ukraine before March 6, 1998 under the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the USSR on the direction and acceptance of Vietnamese citizens for vocational training and work at enterprises and organizations of the USSR of April 2, 1981, remained to live in Ukraine and applied within six months from the date of entry into force of this Law with an application for the issuance of a permanent residence permit in Ukraine;
• foreigners and stateless persons who arrived in Ukraine as orphans in connection with armed conflicts in their places of permanent residence and are brought up or brought up in state children's institutions or in family-type children's homes or over which guardianship or guardianship of citizens has been established Ukraine.

PROTECTION

If you think that you have been illegally denied an immigration permit or your immigration permit has been revoked, your permanent residence permit in Ukraine has been withdrawn, the terms of consideration of your application by officials or officials have been violated, the migration lawyers of the Novakovskaya and Partners Law Association will help you protect your interests in court by filing a claim with an administrative court. ALL THAT FROM YOU need to call +38 050 530 62 72

The author of this material is a migration lawyer, managing partner of JSC "Novakovskaya and partners" Lyudmila Novakovskaya