It should be noted that the conditions and procedure for immigration to Ukraine of foreigners and stateless persons are determined by the Law of Ukraine «About immigration». According to the article 1 of the said Law, an immigrant – is a foreigner or a stateless person who has obtained an immigration permit and arrived in Ukraine for permanent residence, or, while staying in Ukraine legally, received an immigration permit and stayed in Ukraine for permanent residence.
An immigration permit is a decision of a specially authorized central executive body on immigration and its subordinate bodies, which entitles foreigners and stateless persons to reside permanently in Ukraine.
It should be noted that permits for immigration right floor’connected with the so-called immigration quota, which represents the maximum number of foreigners and persons without citizenship, which provides grant immigration permit during a calendar year. The immigration quota established by the Cabinet of Ministers of Ukraine.
In turn, the Act defines certain categories of persons for whom an immigration permit may be granted out of quota. In particular, the following categories of persons include:
- one of the spouses if the other of the spouse with whom he has been married for more than two years is a citizen of Ukraine, children and parents of citizens of Ukraine;
- persons who are the guardians or carers of the citizens of Ukraine, or are under the care or care of the citizens of Ukraine;
- persons who have the right to acquire Ukrainian citizenship by territorial origin;
- persons whose immigration is of national interest to Ukraine;
- foreign Ukrainians, spouses of foreign Ukrainians, their children in case of their joint entry and stay in Ukraine.
The analysis of the mentioned Law gives an opportunity to distinguish the following sequence of actions necessary for legitimizing the stay of an immigrant in the territory of Ukraine:
- Getting an immigration permit. It should be noted that the basis for obtaining an immigration permit is an application submitted by the applicant in person to the relevant department of Citizenship, Immigration and Registration of Individuals. If there are valid reasons (applicant's illness, natural disaster, etc.), the application may be sent by mail or on behalf of the applicant, notarized, submitted by another person.
- Registration of immigration visa. An immigration visa is issued by a diplomatic mission or consular post of Ukraine at the request of a person who resides outside Ukraine and has obtained an immigration permit. An immigration visa is valid for one year from the date of issue.
- Obtaining a permanent residence permit. Upon arrival of the immigrant in Ukraine, he must apply within five working days to the body of the specially authorized central executive body on immigration at the place of residence with the application for issuance of his permanent residence certificate. The application must be accompanied by a copy of the applicant's passport with an immigration visa affixed thereto and a copy of the decision to grant an immigration permit. A permanent residence permit is issued within a week of the date of application. A permanent residence permit is the document that officially confirms the right of a foreigner or stateless person to permanent residence in Ukraine.
Among the main advantages of obtaining a permanent residence permit by foreign nationals are the following:
- stay in Ukraine is not limited to short stay in Ukraine;
- no need to obtain a visa to enter Ukraine;
- absence of the need to obtain a work permit for a foreign national (employment permit) for official employment in Ukraine;
- possibility of medical care at the level with the citizens of Ukraine;
- the opportunity to obtain housing on the grounds and in the manner established for the citizens of Ukraine;
- the opportunity to receive education on an equal basis with the citizens of Ukraine.
As practice shows, the process of obtaining a permit for immigration and the corresponding procedures that mediate it are connected with certain difficulties, which are caused by the specifics of the Ukrainian legislation. That is why we advise you to carefully approach the choice of a legal advisor who can provide services in this area with competence and qualification.
