Can anyone verify this information? Immigration Law
Permanent Residence Permit in Ukraine
The current legislation of Ukraine provides several legal grounds to entering and staying of foreign citizens and persons without citizenship at the territory of Ukraine. Here are the main features of staying of foreign citizens in Ukraine on the basis of a permanent residence permit and the basic conditions for its obtaining. According to Article 3 of the Law of Ukraine ”On Legal Status of Foreigners and Persons without Citizenship” of 04.02.1994, № 3929-XII, foreigners and persons without citizenship who immigrated for permanent residence should obtain a permanent residence permit.
The order of issue of a permanent residence permit for permanent residence and other matters related to the immigration of foreigners and persons without citizenship determined by the Law of Ukraine “On Immigration” from 07.06.2001, № 2491-III.
According to a specified legal act permanent residence permit is a document that confirms the right of a foreigner or person without citizenship for permanent residing in Ukraine.
The main advantages of permanent residence permit obtaining for foreign nationals should be highlighted here: no need for a visa to enter Ukraine (for citizens from countries for which visa is set to enter the territory of Ukraine), terms of stay in Ukraine are not limited by the periods of short-term stay in Ukraine (90 to 180 days from the date of first entry), no need for work permit for legal employment of a foreigner and the lack of restrictions on combining positions conditioned by work permit and other benefits.
Specificity is that an obtaining a permanent residence permit requires certain grounds specified by law (the foreign citizen must meet certain criteria to be able to get a permit for permanent residence).
Moreover, the number of foreign citizens who can obtain a permanent residence permit in some cases is limited with the annual immigration quota.
The immigration quota is set for the following categories of persons:
1. Scientists and cultural workers, whose immigration is in the interests of Ukraine;
2. Highly qualified specialists and workers whose immigration is in critical need of Ukraine;
3. Persons who have made foreign investment in Ukraine economy with foreign currency convertible for at least 100 000.00 (one hundred thousand) U.S. dollars, registered in the order specified by the Cabinet of Ministers of Ukraine;
4. Persons who are brother or sister, grandfather, grandmother, or grandchild of citizens of Ukraine;
5. Persons who previously were the citizens of Ukraine;
6. Parents, husband (wife) of immigrant and his under age children;
7. Persons who have lived continuously at the territory of Ukraine for three years from the granting them of refugee or asylum status in Ukraine, as well as their parents, husbands (wives) and under age children residing with them.
Besides the immigration quota the following categories of persons may obtain the permanent residence permit:
1. One of the spouses if the other spouse, whom he married more than two years, is a citizen of Ukraine, children and parents of citizens of Ukraine as well;
2. Those persons who are guardians or trustees of citizens of Ukraine, or are under guardianship or care of citizens of Ukraine;
3. Persons entitled to citizenship of Ukraine for the territorial origin;
4. Those persons whose immigration is of state interest for Ukraine;
5. Foreign Ukrainians, Ukrainian foreign spouses and their children in case of their joint entry and stay in Ukraine.
The order of issue of permanent residence permit in Ukraine is defined in Article 11 of the Law of Ukraine “On Immigration”.
A foreign citizen who meets the criteria defined by law, can get the immigration permit in the respective body of Immigration. After receiving immigration permit a foreign citizen residing outside of Ukraine should appeal to the diplomatic and consular missions of Ukraine and obtain an immigrant visa that is valid for a year from the date of registration.
On the basis of the visa foreigner enters the territory of Ukraine in the order prescribed and within five working days from date of arriving at the territory of Ukraine a person must apply for temporary residence permit to the bodies of Immigration and Registration of Persons (in the past OGIRFO, OVIR) with application for granting him a permanent residence permit.
The documents required to obtain a permanent residence permit in Ukraine may vary depending on which criterion a foreign citizen is entitled to receive the specified permit.
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Immigration Law
How to Obtain a Residence Permit in Ukraine
Article 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 permitAccording 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 D type 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.
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lawnet@lawnet.com.ua have experienced in applying for Ukraine permanent residence, I'm actually Asian and I married Ukrainian, I went to Ukraine by private visa, we got married and I stayed in Ukraine for a few months but then I decided to go back to my country and waited for 2 years, after that I applied for permission for permanent residency in Ukraine, I sent my application to Ukraine Embassy in Tokyo Japan by courier, because The ukraine embassy for Asia located in Tokyo, that 's why I sent my application in Tokyo. It takes a year to get approval, when I got the Permission of Permanent Residency, I've sent another application to Tokyo for visa, they gave me 1 year valid visa, I Brought all requirements needed, lots of papers :authenticated and notarized birth certificate, medical clearance should be authenticated and notarized also, I took police clearance, NBI CLEARANCE it's all notarized by DFA and authenticated, it has president seal, even mayors permit I also had it notarized and authenticate, after I gathered all requirements I flew back to Ukraine for applying Permanent Residency in Ukraine, but before that I went to lawyers office in kieve to translate all my papers in Ukraine version and then get it all notarized. After that I went to Regional Police and get registration, submitted all Requirements, paid and waited for a week then got my Permanent Residence, and now I can live in and out and could stay as much as I want in Ukraine.
I forgot to mention, after I married in Ukraine I stayed for few months in Ukraine and returned to my country, applying for permanent residence is only allowed if at least the applicant is 2 years married to Ukrainian.so I waited 2 years then started to apply, but not for permanent residence, I applied for permission of residency. I contacted embassy asked the form, I printed and filled up the application form and sent it to Tokyo embassy by courier itvtakes a year and a minimum of 6 months for approval. You cannot take permanent residence certificate without Permission of Residency Certificate. So, if you planning to get Permanent Ukraine Residence, first start to apply Permission for Permanent Residence.This is the most important because it really takes time to have this certificate, they will investigate your background, if you're spy, or terrorist.