A permanent residence permit in Ukraine is often equated with Ukrainian citizenship, but these concepts should not be equated.
A permanent residence permit is a document issued on the basis of an immigration permit that allows a foreigner or stateless person to legally reside and work in Ukraine for 10 years, with the possibility of extending this period.
Persons who can obtain a permanent residence permit:
In order to obtain a permanent residence permit in Ukraine, it is necessary to obtain an immigration permit. Such a document can be obtained within or outside the immigration quota established by the Cabinet of Ministers of Ukraine.
The quota is the number of foreigners who can apply for a residence permit within one calendar year.
The categories of persons included in the immigration quota are
1) scientists and cultural figures whose immigration is in the interests of Ukraine;
2) highly skilled specialists and workers, the urgent need for which is tangible for the Ukrainian economy
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 one hundred (100) thousand US dollars;
4) persons who are full brothers or sisters, grandparents, grandsons or granddaughters of Ukrainian citizens;
5) persons who previously held Ukrainian citizenship;
6) parents, spouse of an immigrant and his/her minor children;
8) 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;
9) 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;
10) 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 while performing military service.
An immigration permit outside the immigration quota is granted to:
1) 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
2) persons who are guardians or trustees of Ukrainian citizens or are under the guardianship or trusteeship of Ukrainian citizens;
3) persons who have the right to acquire Ukrainian citizenship 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 in Ukraine;
6) stateless persons who have resided in Ukraine on the basis of a temporary residence permit for two years from the date of their recognition as stateless.
All of these categories of persons have the right to move to Ukraine for permanent residence.
What do you need to obtain an immigration permit to Ukraine?
In order to obtain an immigration permit to Ukraine in Lviv, you must contact the relevant unit of the State Migration Service of Ukraine and provide a list of required documents:
- a passport document of a foreigner or a document certifying a stateless person, including a decision on recognition of a stateless person in Ukraine (returned upon presentation), and a copy of its pages;
- a translation into Ukrainian of a page of a foreigner’s passport or statelessness document, including a decision on recognition as a stateless person in Ukraine, with personal data, certified in accordance with the procedure established by law;
- three 3.5 x 4.5 centimeter photographs;
- a document of residence (in Ukraine and abroad). For persons who have received a temporary residence permit, the document of residence on the territory of Ukraine is a certificate of registration of the place of residence.
- documented information on family composition (copies of birth certificate, marriage certificate, documents on adoption, guardianship or custody, etc;)
- a receipt of payment of the state fee or consular fee, if the law provides for their payment for actions related to the issuance of an immigration permit, or a document confirming the availability of payment privileges (UAH 179.74)
- a document on the basis of which you plan to obtain an immigration permit.
An immigration permit is not granted to:
- persons sentenced to imprisonment for a term exceeding one year for committing an act that is recognized as a crime under the laws of Ukraine, unless the conviction has been expunged or removed in accordance with the procedure established by law
persons who have committed a crime against peace, a war crime or a crime against humanity and mankind, as defined in international law, or are wanted in connection with an act that is recognized as a serious crime under the laws of Ukraine, or have been notified of suspicion of committing a criminal offense, the pre-trial investigation of which has not been completed; - persons suffering from chronic alcoholism, substance abuse, drug addiction or infectious diseases, the list of which is determined by the central executive body responsible for the formation of state policy in the field of health care;
- persons who knowingly provided false information or submitted forged documents in their applications for an immigration permit;
- persons who are prohibited by law from entering the territory of Ukraine;
Procedure for consideration of an immigration permit
An application for an immigration permit is usually submitted by an interested person in person. In exceptional cases, if valid reasons do not allow you to personally arrive at the relevant unit of the SMS, the documents can be sent by mail. It is also allowed to engage a representative, for example, a lawyer, a specialist in this field. His/her powers must be confirmed by a notarized power of attorney.
If the applicant is a minor or an incapacitated person, his or her interests in the state institution are represented by his or her parents or guardian. Their powers are confirmed by the minor’s birth certificate or a decision of the competent authority to appoint a guardian. If the documents are sent by letter, the authenticity of the applicant’s signature must also be notarized. A sample application for an immigration permit can be found on the website of the SMS.
Consideration of documents takes about one year. In case of a positive decision, the applicant receives a permit valid for one year.
The procedure for obtaining a permanent residence permit
The next step after obtaining an immigration permit is to apply for a permanent residence permit. Therefore, you will need the following list of documents:
● Passport with a type D visa, unless otherwise provided by the legislation and international treaties of Ukraine;
● A copy of the decision to grant an immigration permit;
● Receipt of payment of the administrative fee;
● Certificate of identification code assignment (if any);
● Translation into Ukrainian of the foreigner’s passport document.
The documents must be submitted to the SMS office at the place of residence. This must be done in person. Your application will be considered within 15 working days.
Questions about permanent residence permit (permanent residence) that we are often asked by foreigners:
● Is it possible to obtain a permanent residence permit remotely or by power of attorney through a lawyer?
No, a foreigner must apply for an immigration permit and then obtain a permanent residence permit in Ukraine in person. Of course, a migration lawyer may be present at the time of submission of documents to assist the foreigner in filling out all the documents.
● How long does a foreigner have to stay in Ukraine?
Obtaining a permanent residence permit in Ukraine does not oblige a foreigner to stay in Ukraine permanently. After obtaining such a residence permit, a foreigner can stay in Ukraine (or abroad) for as long as he/she needs.
● Is it possible to register a foreigner without obtaining a permanent residence permit (permanent residence)? Does this registration provide any additional benefits?
You can register your place of residence only if you have obtained a residence permit. It is not possible to register in a foreigner’s passport. The residence permit does not provide any advantages.
What does a permanent residence permit give a foreigner?
In addition to the right to reside in Ukraine, this document has a number of advantages:
1) obtaining an immigration permit for at least one of the foreigners gives the right to permanent residence for the immigrant’s family members;
2) the right to import their personal property (cars) without paying customs duties within 6 months after obtaining permanent residence.
● Do I need to change my old permanent residence permit?
Such a document (permanent residence permit) is not subject to mandatory replacement and has no expiration date. However, its use may cause some inconvenience. After all, this particular sample (and not the new model residence permit, which looks like a green passport) is much easier to forge and is often not in the database. There was also a case when the loss of an old-style residence permit in Ukraine led to the need to start the procedure for obtaining an immigration permit from the beginning (the entire procedure), since the case file was not saved. If you replace the old form with a new one, you will avoid additional problems that may arise with the loss of a residence permit or suspicions of forgery of such a document.
Does obtaining a permanent residence permit automatically make a foreigner a tax resident of Ukraine?
No, in order to become a tax resident of Ukraine, a foreigner must fulfill other conditions. An immigration resident and a tax resident are different things.
Migrate Law Firm in Lviv provides services for obtaining a residence permit and an immigration permit to Ukraine. Our immigration lawyers and attorneys will provide all the necessary advice, as well as determine whether a person wishing to move to Ukraine for permanent residence is within the immigration quota. We will take care of the execution of all documents in accordance with the requirements of the Law of Ukraine.