Head of migration law practice
Lawyer, master of law, expert in the field of migration law.
Obtaining an immigration permit
The procedure for obtaining an immigration permit is provided for by the Law “On Immigration”. Also of great importance in regulating this issue is the Law “On the Legal Status of Foreigners and Stateless Persons”. And if we talk about by-laws, this is the Procedure for processing applications for granting an immigration permit and submissions for its cancellation and execution of decisions taken. The document was approved by the Resolution of the Cabinet of Ministers of December 26, 2002 № 1983 (as amended).
It should be noted that obtaining an immigration permit is a rather complex process in the legal field. Therefore, high-quality consultation and legal support from a specialist can significantly simplify it.
If you need help from a lawyer on immigration law, you have come to the right place, because the team of the law firm “Prikhodko & Partners” has such experts.
What should you know about immigration permits?
A person who receives an immigration permit has the right to permanently reside in Ukraine, enjoying almost all the rights that citizens have. The only exception is voting rights. Obtaining a permit is possible both within the quota and in the case of belonging to an out-of-quota category of persons. The quota is the maximum number of foreigners who can immigrate to Ukraine during the year.
Immigration within the quota
The grounds for obtaining permission to immigrate within the quota are the following factors:
- if the applicant is a cultural or scientific figure whose immigration is in the national interests of Ukraine;
- if he/she is a highly qualified specialist or worker who is in dire need of the labor market (if such a person arrives with a family, the second spouse and children under 18 will also have the right to immigrate);
- if we are talking about investors who have invested an amount of 100 thousand US dollars in the economy of Ukraine;
- if the applicant is a full brother, sister, grandfather or grandmother of a citizen of Ukraine;
- if the person previously had Ukrainian citizenship;
- if we are talking about the second spouse who has been married for more than 2 years to a person who has already received an immigration permit;
- if the applicants are disabled parents of an immigrant or children under 18;
- if the applicant has the status of a person who has suffered from human trafficking and has lived in Ukraine continuously for three years since this status was established;
- if the applicant served in the Armed Forces of Ukraine, the National Guard or the State Special Transport Service for at least 3 years;
- if the applicant served in the above-mentioned structures, regardless of the length of service, and while performing his duties he was wounded, injured, maimed or concussed, being recognized by the Military Medical Commission as unfit for further service.
Also, the right to immigrate within the quota is granted to persons mentioned in parts 4-12 of Article 4 of the Law “On the Legal Status of Foreigners and Stateless Persons”, if they have continuously resided in Ukraine for 5 or more years, having a temporary residence permit.
Immigration outside the quota
The list of people who can immigrate, regardless of the quota, is smaller. For example, it includes:
- the second spouse with a citizen of Ukraine;
- children and parents of citizens;
- applicants who have the right to obtain citizenship by territorial origin (except for those who previously had Ukrainian citizenship);
- applicants whose immigration is in the field of state interests of Ukraine;
- foreign Ukrainians, their spouses and children – if they wish to come to Ukraine together;
- stateless persons who have lived on the basis of a temporary residence permit for 2 years from the moment they received the status of stateless persons.
Now we should look in more detail at how the application for a permanent residence permit is processed.
How is an application for a permit reviewed?
A person who is legally in Ukraine and has grounds for obtaining a permanent residence permit must collect a package of documents and submit them to the State Migration Service along with an application. If he is abroad, the documents should be submitted to the diplomatic mission or consular office at the place of his permanent residence. The result will be either an immigration permit or a refusal to issue it. The period for consideration of the application with the accompanying package of documents should not exceed 6 months if the documents are submitted in Ukraine. If they are submitted abroad, this period will be up to a year.
Why might an immigration permit be denied?
The norms of the current legislation of Ukraine provide for the grounds on which an immigration permit may be denied. For example, this happens in the case of an unexpunged or unexpunged conviction for crimes for which Ukrainian legislation provides for a sanction in the form of imprisonment for a term of more than one year. Applicants who have committed crimes against peace, war crimes or crimes against humanity are also refused.
Applicants with chronic alcoholism, drug addiction, toxicomania and a number of other diseases may be refused. Also, grounds for refusal are the provision of forged documents or false information about oneself, the absence of a complete package of documents, a fictitious marriage with a citizen or immigrant.
In addition, immigration will not be allowed to persons who illegally crossed the state border of Ukraine and/or have an entry ban. Refusal may also be granted in other cases provided for by law.
What is important to know about permanent residence?
When a person has received permission to immigrate, he/she has the right to apply for a permanent residence permit, which he/she receives within 15 working days from the date of filing such an application. The validity period of such a permanent residence permit is 10 years.
If you need professional legal assistance in obtaining an immigration permit and permanent residence permit, you can fill out the feedback form on our website, after which a lawyer will call you back for an initial consultation.
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1 question
Have you contacted the migration authorities regarding the issue of obtaining an immigration permit?
2 question
Do you have grounds for obtaining an immigration permit as provided by law?
3 question
Are you in legal status while on the territory of Ukraine?
Can an immigration permit be revoked remotely?
Yes, they can.
Is divorce grounds for cancellation of immigration permit?
In the event that there is a court decision according to which the said marriage is recognized as fictitious or invalid.
Is it possible to appeal the cancellation of an immigration permit to the State Migration Service, and not to court?
Yes, this is called pre-trial dispute resolution.
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