Permanent residence in Ukraine

From June 2018 by the decree of the Cabinet of Ministers of Ukraine № 321 the rules and terms of validity of the permanent residence permit in Ukraine were partially changed. Before the permanent residence permit was issued indefinitely with the need to replace the photographs at the age of 25 and 45, then from June this year the validity period of the certificate was reduced to 10 years with the necessity to continue for the specified period of time.

As before, the Permanent residence (PR) is issued to foreigners or stateless persons who have permission to immigrate to Ukraine or to make a decision to terminate the citizenship of Ukraine permanently on the territory of Ukraine and, after making such a decision, have remained permanently resident in its territory.

To obtain a permanent residence permit or to enter Ukraine for the purpose of permanent residence, a foreigner or stateless person must obtain a main document for its registration, namely an immigration permit.

The list of persons who can receive it is listed in the Law of Ukraine "On Immigration". The categories of persons in the law are divided into those who can receive it within the quota and outside the quota.

Quota is actually the number of people who can get an immigration permit in one calendar year, which is approved annually, so the following categories of persons are allowed within the quota for immigration permit and the opportunity to submit documents for obtaining a permanent residence permit:

• persons of science and culture whose immigration meets the interests of Ukraine;
• highly skilled specialists and workers;
• persons who have registered a foreign investment in the economy of Ukraine for a sum not less than 100 000 USD;
• brothers and sisters, grandfathers, grandchildren of Ukrainian citizens;
• persons who were previously citizens of Ukraine;
• parents, spouse (or spouse) of an immigrant or his or her minor children;
• persons who have been residing continuously in the territory of Ukraine for a period of three years from the date of granting them the status of a person who has suffered from trafficking in persons;
• Persons who have served in the Armed Forces of Ukraine for three years or more.

Outside the quota, that is, in fact, without restrictions on the number of persons per year, the following categories of persons may receive an immigration permit:

• one of the spouses, if the other spouse with whom he or she is married for more than two years is a citizen of Ukraine, children and parents of citizens of Ukraine;
• guardians and caretakers of citizens of Ukraine or persons who are under the care or care of citizens of Ukraine;
• persons who have the right to acquire Ukrainian citizenship by territorial origin;
• persons whose immigration constitutes a state interest for Ukraine;
• foreign Ukrainians, their spouses (husbands) and children in the event of their joint entry and stay in Ukraine.

So, in order to apply for permanent residence, you must first obtain an immigration permit.

Also, the legislation establishes a list of persons who are not entitled to receive a permit for immigration, in particular, persons who have a criminal record; persons who are forbidden to enter Ukraine; chronic alcoholics, addicts, drug addicts and others).

To obtain a permit for immigration abroad, you must contact the diplomatic and / or consular offices of Ukraine abroad.

The certificate is issued within 15 working days from the date of acceptance of documents from a foreigner or stateless person. An immigration permit is issued on average for half a year.

Documents for registration of the certificate shall be submitted not later than 15 working days before the expiry of the established period of stay / residence in Ukraine.

Reasons for refusal to issue a residence permit are:

• the need to ensure national security and public order;
• the need for health protection, protection of rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;
• the fact of tampering, damaging or inconsistency with the established samples of the passport of a foreigner or a document certifying a stateless person;
• supply of knowingly false information or fake documents;
• detection of facts of non-execution of court decisions or authorities authorized to impose administrative penalties.

In case of cancellation of the immigration permit for any reason, the residence permit is also canceled. Upon receipt of a permanent residence card, the person must register his / her place of residence within 30 days from the date of receipt.

In general, the procedure for obtaining a permanent residence permit does not seem difficult in theory, but in practice there are many nuances that require experience and established contacts in the bodies of the State Migration Service of Ukraine.

By contacting the specialists of the Prikhodko & Partners law firm, you will receive high-level legal support and service and experience the benefits of working with experienced lawyers and attorneys. Fill out the form on our website and we will contact you shortly.