legservice@statusko.ua +38 (050) 024-02-46
  • Home
  • |

  • Normative base
  • |

  • Resolution of the Cabinet of Ministers of Ukraine dated 26.12.2002 No. 1983 “On the approval of the Procedure for the formation of the immigration quota, the Procedure for applications for the granting of an immigration permit and submissions for its cancellation, and the implementation of the decisions made”

Resolution of the Cabinet of Ministers of Ukraine dated 26.12.2002 No. 1983 “On the approval of the Procedure for the formation of the immigration quota, the Procedure for applications for the granting of an immigration permit and submissions for its cancellation, and the implementation of the decisions made”

02.12.2021

CABINET OF MINISTERS OF UKRAINE
RESOLUTION

dated December 26, 2002 No. 1983

Kyiv

On the approval of the Procedure for the formation of the immigration quota, the Procedure for applications for the granting of an immigration permit and submissions for its cancellation, and the implementation of the decisions made

{The name of the Resolution with changes introduced by Resolution of the Cabinet of Ministers No. 251 dated 03.28.2012 }

{With changes introduced by Resolutions of the Cabinet of Ministers

No. 810 of 07/29/2009 - the effect of the changes has been suspended by Presidential Decree No. 675/2009 of 08/27/2009

No. 559 of 07/07/2010

No. 7 of 01/11/2012

No. 251 of 03/28/2012

142 dated 06.03.2013

No. 259 dated 12.04.2017

No. 206 dated 03.03.2020

No. 561 dated 01.07.2020

No. 19 dated 13.01.2021

No. 317 dated 24.03.2021

No. 456 dated 23.02.2022 }

Under Article 5 of the Law of Ukraine "On Immigration," the Cabinet of Ministers of Ukraine decrees:

Approve the following:

The Procedure for forming the immigration quota ;

The Procedure for proceeding with applications for the granting of an immigration permit and submissions for its cancellation and implementation of the decisions made;{The fourth paragraph of the operative part has become invalid based on Resolution of the Cabinet of Ministers No. 251 of March 28, 2012 }

Prime Minister of UkraineV. YANUKOVYCH
Ind. 29 
  APPROVED
by the Resolution of the Cabinet of Ministers
of Ukraine
of December 26, 2002 No. 1983

PROCEDURE

for forming the immigration quota

{In the text of the Procedure, the word "State Department for Citizenship, Immigration and Registration of Individuals" in all cases is replaced by the phrase "State Migration Service" in the corresponding point by Resolution of the CM No. 810 dated 29.07.2009 - the effect of the changes is suspended by Presidential Decree No. 675/2009 dated 27.08.2009 }

1. The immigration quota is formed by categories of immigrants and on a regional basis (considering the current demographic situation) under the proposals of the central and local executive authorities.

Proposals regarding the formation of the immigration quota should be based on the results of the analysis of the immigration process in the previous calendar year and take into account the need to limit the maximum immigration quota to Ukraine of foreigners and stateless persons from the countries of origin of a significant number of illegal migrants.

The list of these countries is determined every year by the Ministry of Foreign Affairs.

2. Proposals to the State Migration Service regarding the establishment of the immigration quota for the next calendar year are made by:

{The first paragraph of clause 2 with changes introduced by Resolutions of the Cabinet of Ministers No. 559 dated 07.07.2010, No. 7 dated 11.01.2012 }

MKIP - regarding cultural figures whose immigration is in the interests of Ukraine;

{The second paragraph of clause 2 with changes introduced by Resolutions of the Cabinet of Ministers No. 206 dated 03.03.2020, No. 561 dated 01.07.2020 }

Ministry of Social Policy - about persons who have continuously resided on the territory of Ukraine for three years from the date of establishment of their status as a person affected by human trafficking;

{The third paragraph of clause 2 with changes introduced by Resolution of the Cabinet of Ministers No. 7 dated 11.01.2012; as amended by Resolutions of the Central Committee No. 142 dated 03.06.2013, No. 206 dated 03.03.2020 }

The Ministry of Economy - regarding persons who have made foreign investment in the economy of Ukraine in the amount of at least 100 (one hundred) thousand US dollars, highly qualified specialists and workers, the acute need for which is felt by the economy of Ukraine;

{The fourth paragraph of clause 2 with changes introduced by Resolution of the Cabinet of Ministers No. 259 of April 12, 2017; in the version of Resolution of the CM No. 206 of 03.03.2020 }

MES - regarding scientists whose immigration is in the interests of Ukraine;

Ministry of Defense - regarding persons who have served in the Armed Forces for three or more years;

{Item 2 was supplemented with a new paragraph by Resolution of the Cabinet of Ministers No. 259 dated 04/12/2017 }

{paragraph of clause two is excluded based on Resolution of the Central Committee No. 7 dated 11.01.2012 }

The Council of Ministers of the Autonomous Republic of Crimea, regional, Kyiv, and Sevastopol city state administrations - regarding the maximum number of immigrants that can be accepted during the calendar year by the relevant region (by categories of immigrants).

Other central bodies of the executive power may submit proposals to the bodies specified in this paragraph regarding the formation of the immigration quota according to the sectoral principle.

3. Proposals regarding persons who are a full-blooded brother or sister, grandfather or grandmother, grandson or granddaughter of citizens of Ukraine, as well as those who previously held the citizenship of Ukraine, and parents, spouse of the immigrant, his minor children are prepared directly by the DMS.

{Paragraph 3 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010; in the edition of Resolutions of the Central Committee No. 7 of 11.01.2012, No. 142 of 06.03.2013 }

4. The Cabinet of Ministers of Ukraine's draft decision on establishing the immigration quota for the relevant calendar year is developed and submitted to the Ministry of Internal Affairs by January 31 of the current year.

{Clause 4 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010 }

5. The immigration quota is established by a decision of the Cabinet of Ministers of Ukraine by categories of immigrants no later than March 1 of the current year.

  APPROVED
by the Resolution of the Cabinet of Ministers
of Ukraine
of December 26, 2002, No. 1983

PROCEDURE

for proceedings on applications for the granting of an immigration permit and submissions for its cancellation and implementation of the decisions made

{In the text of the Order, the word "Department" in all cases is replaced by the words "migration service" in the corresponding case by Resolution of the Cabinet of Ministers No. 810 of 07.29.2009 - the effect of the changes has been suspended by Presidential Decree No. 675/2009 of 08.27.2009}

{In the text of the Order, the word "Department" is replaced by the word "DMS" in all cases, and the word "State Border Service" in all cases is replaced by the word "State Border Service" in the corresponding case by Resolution of the Cabinet of Ministers No. 7 of 11.01.2012}

{In the text of the Order, the words "National Central Bureau of Interpol" in all cases are replaced by the words "Working apparatus of the UkrBureau of Interpol" in the corresponding case by Resolution of the Central Committee of the Republic of Ukraine No. 142 dated 03.06.2013}

{In the text of the Order of Words, the word "Working apparatus of the Ukrainian Bureau of Interpol" is excluded in all cases based on Resolution of the CM No. 19 of 13.01.2021}

1. This Procedure defines the Procedure for proceedings on applications for granting immigration permits to foreigners and stateless persons who immigrate to Ukraine (from now on, referred to as immigrants), submissions for its cancellation, and implementation of decisions (from now on, referred to as immigration proceedings), and as well as the competence of central executive bodies and their subordinate bodies that ensure the implementation of immigration legislation.

2. Decisions on applications for immigration permits depending on the category of immigrants are made by:

1) DMS - about immigrants who are:

{The first paragraph of sub-item 1 of item 2 in the wording of Resolution of the CM No. 810 of 07/29/2009 - the effect of the changes has been suspended by Presidential Decree No. 675/2009 of 08/27/2009; in the edition of Resolution of the CM No. 559 dated 07.07.2010; with modifications introduced by Resolution of the Cabinet of Ministers No. 7 of 11.01.2012}

figures of science and culture, whose immigration corresponds to the interests of Ukraine;

persons who made foreign investment in the economy of Ukraine in convertible foreign currency in the amount of at least 100 (one hundred) thousand US dollars;

{The third paragraph of sub-item 1 of item 2 in the wording of Resolution of the CM No. 259 dated 04/12/2017}

persons whose immigration is of state interest.

If necessary, the LMS can make decisions regarding other categories of immigrants;

{The fifth paragraph of sub-item 1 of item 2 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

2) territorial bodies of the State Migration Service (from now on - territorial bodies) - about immigrants who fall under the immigration quota or are immigrants of the non-quota category (except for immigrants in respect of whom the State Migration Service makes the decision), namely:

{The first paragraph of sub-item 2 of item 2 with the changes introduced by the Resolution of the CM No. 810 dated 29.07.2009 - the effect of the changes has been suspended by the Presidential Decree No. 675/2009 dated 27.08.2009; with modifications introduced by Resolutions of the Cabinet of Ministers No. 559 dated 07.07.2010, No. 7 dated 11.01.2012, No. 317 dated 24.03.2021}

highly qualified specialists and workers, the acute need for which is felt by the economy of Ukraine;

persons who are a full brother or sister, grandfather or grandmother, grandson or granddaughter of citizens of Ukraine;

persons who previously held the citizenship of Ukraine;

the immigrant's parents, spouse, and minor children;

persons who have continuously resided on the territory of Ukraine for three years from the date of establishment of their status as a victim of human trafficking;

{The sixth paragraph of sub-item 2 of item 2 in the wording of Resolution of the CM No. 142 dated 06.03.2013}

persons who have served in the Armed Forces for three or more years;

{Subparagraph 2 of paragraph 2 was supplemented with a new section by Resolution of the CM No. 19 dated 13.01.2021}

stateless persons who lived on the territory of Ukraine based on a temporary residence permit for two years from the date of their recognition as stateless persons.

{Subparagraph 2 of paragraph 2 is supplemented by a section by Resolution of the CM No. 317 dated 03/24/2021}

If necessary, territorial bodies can make decisions regarding immigrants of the non-quota category (except for immigrants in respect of whom the LMS makes decisions);

{paragraph of sub-item 2 of item 2 with changes introduced by Resolution of the Cabinet of Ministers No. 559 of 07.07.2010}

3) territorial subdivisions of the State Migration Service (from now on - territorial subdivisions) - about immigrants who are legally present on the territory of Ukraine and are immigrants of the non-quota category (except for immigrants in respect of whom the decision is made by the State Migration Service or a territorial body), namely:

{The first paragraph of sub-item 3 of item 2 with the changes introduced by the Resolution of the CM No. 810 dated 29.07.2009 - the effect of the changes has been suspended by the Presidential Decree No. 675/2009 dated 27.08.2009; with modifications introduced by Resolutions of the Cabinet of Ministers No. 559 dated 07.07.2010, No. 7 dated 11.01.2012, No. 317 dated 24.03.2021}

of one of the spouses, if the second 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 guardians or custodians of citizens of Ukraine or are under the guardianship or care of citizens of Ukraine;

persons who have the right to acquire Ukrainian citizenship by territorial origin;

Ukrainians abroad, spouses of Ukrainians abroad, and their children in case of their joint entry and stay in the territory of Ukraine.

{Subparagraph 3 of paragraph 2 has been supplemented with a new section by Resolution of the Cabinet of Ministers No. 142 dated 06.03.2013}

If applications of non-quota category immigrants are received from foreign diplomatic institutions of Ukraine, their consideration and adoption of relevant decisions are carried out by territorial bodies.

3. The ICIP and the Ministry of Education and Culture determine within a month whether the immigration of foreign figures of culture and science, who have violated the petition for granting permission for immigration, meets the interests of Ukraine, and in the case of a positive conclusion, issue them a document supporting such a petition.

{Clause 3 with changes introduced by Resolutions of the Cabinet of Ministers No. 206 dated 03.03.2020, No. 561 dated 07.01.2020}

4. The Ministry of Economy, structural subdivisions of economic development, trade, and attraction of investments of the regional, Kyiv, and Sevastopol city state administrations check within a month the documents confirming the compliance of their qualification level with the requirements of persons who have violated the petition for granting an immigration permit to employees whose urgent need is felt for the economy of Ukraine. In the case of a positive conclusion, they are issued a document supporting such a request. If necessary, the Ministry of Economy has the right to involve other central bodies of the executive power, whose authority includes the sphere of activity of such persons. Such a document may also be issued at the request of the charges specified in clause 2 of this Procedure.

{Clause 4 as amended by Resolutions of the Cabinet of Ministers No. 7 dated 11.01.2012, No. 142 dated 06.03.2013, No. 206 dated 03.03.2020, No. 19 dated 13.01.2021}

5. Treatment and prevention institutions, by the Procedure established by the Ministry of Health, conduct a medical examination within a month of persons who are in Ukraine on legal grounds and have violated the petition for granting an immigration permit and issue a document stating that the applicant does not have diseases that, according to the law, are grounds for a refusal to grant such permission.

6. Banks, their separate subdivisions (branches, branches, representative offices) shall issue to the person who filed a petition for the granting of an immigration permit per paragraph 3 of the second part of Article 4 of the Law of Ukraine "On Immigration" a certificate of receipt of foreign investment in the economy of Ukraine, which contains information on the receipt of foreign investment in the form of convertible foreign currency contributed by the immigrant to the investment account of such an immigrant in the amount of at least 100 (one hundred) thousand US dollars and its use for foreign investment in the economy of Ukraine or on the transfer of funds in convertible foreign currency in the amount of at least 100 (one hundred) thousand US dollars from the own foreign account of such an immigrant to the current version of the enterprise created by this immigrant in Ukraine.

The head of the bank signs the certificate or its separate division (branch, department, representative office), contains the date of issue, and the number is certified by a seal and is valid for six months from the date of issue.

{Item 6 as amended by Resolutions of the CM No. 259 dated 12.04.2017, No. 19 dated 13.01.2021}

7. Within a month, the Ministry of Foreign Affairs checks the correctness of registration of immigration cases received through foreign diplomatic institutions of Ukraine from persons permanently residing outside of Ukraine, the authenticity of the submitted documents, and their compliance with the requirements of the law and sends them to the Ministry of Internal Affairs.

{Clause 7 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

{Item 8 is excluded based on Resolution of the Cabinet of Ministers No. 142 dated 06.03.2013}

9. The Ministry of Internal Affairs, the bodies of the National Police, the SBU, and its regional bodies, the State Border Service, by their competence, take measures within a month at the request of the State Security Service, its territorial bodies and territorial subdivisions:

{Paragraph one of Clause 9 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010; in the version of Resolution of the Central Committee No. 259 dated 04.12.2017}

to identify among the persons who have applied for an immigration permit those to whom an immigration permit cannot be granted by Article 10 of the Law of Ukraine "On Immigration";

to establish information that may be grounds for canceling immigration permitted by Article 12 of the Law of Ukraine "On Immigration."

Other central bodies of the executive power, by their competence, in the event of a violation of a request for granting an immigration permit to persons whose immigration is of state interest, consider it within a month and, in case of a positive conclusion, issue a document supporting such a request.

10. Applications for immigration permits are submitted:

to territorial subdivisions by place of residence - by persons who are temporarily staying in Ukraine on legal grounds;

to foreign diplomatic institutions of Ukraine at the home of permanent residence - by persons permanently residing outside Ukraine.

11. To obtain an immigration permit, together with the application of the established DMS, in agreement with the Ministry of Foreign Affairs, a sample is submitted:

{The first paragraph of clause 11 with changes introduced by the Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

a foreigner's passport document or a document certifying a stateless person, including a decision on recognition as a stateless person in Ukraine (returned after presentation), and a copy of its pages;

{The second paragraph of clause 11 in the wording of Resolution of the CM No. 142 dated 03/06/2013; with changes introduced by Resolution of the Cabinet of Ministers No. 317 dated 03.24.2021}

a certified Ukrainian translation of a page of a foreigner's passport document or a document certifying a stateless person, including a decision on recognition as a stateless person in Ukraine, with personal data;

{Item 11 was supplemented with a new paragraph by Resolution of the Cabinet of Ministers No. 142 dated 03/06/2013; with changes introduced by Resolution of the Cabinet of Ministers No. 317 dated 03.24.2021}

three photos measuring 3.5 x 4.5 centimeters;

a document on the place of residence (in Ukraine and abroad). The paper on the site of living on the territory of Ukraine for persons who have received temporary residence permits is the certificate of registration of the home area. The place of residence in Ukraine of persons who are temporarily on its territory on legal grounds is confirmed by the documents provided in the seventh paragraph of subparagraph 1 of item 9 of the Procedure for extending the period of stay and extending or shortening the period of temporary stay of foreigners and stateless persons in the territory of Ukraine, approved by a resolution of the Cabinet of Ministers of Ukraine dated February 15, 2012 No. 150 (Official Gazette of Ukraine, 2012, No. 17, Article 612);

{The fifth paragraph of clause 11 in the wording of Resolution of the CM No. 19 dated 13.01.2021}

documented information about the composition of the family (copies of the birth certificate, marriage certificate, documents on adoption, the establishment of custody or guardianship, etc.);

a document issued by a medical and preventive institution stating that the applicant does not have the diseases specified in clause 5 of the fifth part of Article 9 of the Law of Ukraine "On Immigration" (except for the persons specified in clauses 1 and 3 of the third part of Article 4 of the Law). Persons permanently residing outside of Ukraine shall submit a document issued by the medical institution of the state at their place of residence, which shall be legalized by the established Procedure unless otherwise stipulated by international treaties;

a certificate issued by the competent body of the state of the previous residence or its diplomatic mission or a consular institution in Ukraine, in the absence of a criminal record (except for persons specified in clauses 1, 3, and 6 of part three of Article 4 of the Law of Ukraine "On Immigration" ). In exceptional cases, such information may be obtained by the State Internal Revenue Service or territorial bodies and subdivisions by sending a corresponding request to the competent authorities of foreign countries with which an agreement on legal assistance in civil, family, and criminal cases has been concluded;

{paragraph of clause 11 with changes introduced by Resolutions of the Cabinet of Ministers No. 559 dated 07.07.2010, No. 317 dated 03.24.2021}

a receipt for the payment of the state duty or consular fee, if for actions related to the granting of an immigration permit, their price is provided for by law, or a document confirming the availability of payment benefits.

The documents specified in paragraphs 1-14 of the seventh part of Article 9 of the Law of Ukraine "On Immigration" are additionally submitted according to the category of immigrants.

{The tenth paragraph of Clause 11 with changes introduced by Resolution of the Cabinet of Ministers No. 317 dated 03/24/2021}

If necessary, the relevant territorial bodies and subdivisions that ensure proceedings in immigration cases may request other documents clarifying the grounds for granting an immigration permit, if this does not contradict the Law of Ukraine "On Immigration," and invite applicants for an interview or other persons.

Documents issued by the competent authorities of foreign states are subject to legalization by the established Procedure unless otherwise stipulated by the international treaties of Ukraine. Copies of these documents, as well as written confirmation of consent to immigration and guarantees of host persons, provided in paragraph 6 of part seven of Article 9 of the Law of Ukraine "On Immigration," are submitted notarized. Documents, the information which can be changed, can be submitted within six months from the date of their issuance.

Suppose during the period of consideration of the application for the granting of an immigration permit, the information in the documents (information specified in the application) provided for in the first, second, fifth - eighth, and tenth paragraphs of this clause has changed. In that case, documents confirming such changes shall be submitted to the territorial body/territorial division of the State Internal Revenue Service, which accepted the application for consideration, within ten days from the moment of the change, to include it in the files of the immigration permit case and take it into account when making a decision.

{Item 11 is supplemented by a paragraph by Resolution of the Cabinet of Ministers No. 19 dated January 13, 2021}

12. Territorial subdivisions by place of residence to which applications for immigration permits have been submitted:

form cases, check the grounds, the legality of the immigrants' stay in Ukraine, the information provided by them in the application for an immigration permit, the authenticity of the documents submitted, and their compliance with the requirements of the law, if necessary, coordinate this issue with local self-government bodies, within the limits of their competence clarify questions regarding the presence or absence of grounds for refusing to grant an immigration permit;

{The second paragraph of Clause 12 with changes introduced by Resolution of the Cabinet of Ministers No. 19 of 13.01.2021}

verify the legality of an immigrant's stay in Ukraine using an integrated interdepartmental information and communication system regarding the control of persons, vehicles, and cargo crossing the state border of Ukraine ("Arkan" system) or by sending requests to the Administration of the State Border Service;

{Item 12 was supplemented with a new paragraph by Resolution of the Cabinet of Ministers No. 19 of January 13, 2021; with changes introduced by Resolution of the Cabinet of Ministers No. 456 dated 23.02.2022}

conduct a check of the immigrant's data against the Interpol data banks to obtain information that is the basis for refusing to grant an immigration permit by the requirements of paragraph 2 of part one of Article 10 of the Law of Ukraine "On Immigration";

{Item 12 was supplemented with a new section by Resolution of the Cabinet of Ministers No. 19 of January 13, 2021}

please send information about the results of their consideration to territorial bodies or subdivisions (according to the category of immigrants) within a month, together with the case materials. Cases, the decision-making of which falls within the competence of the State Council or territorial bodies, are sent to territorial bodies, in other cases - to territorial subdivisions;

{paragraph of clause 12 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

carry out proceedings on applications for granting immigration permits if such proceedings fall within their competence.

13. Foreign diplomatic institutions of Ukraine, to which applications have been submitted together with the documents specified in this Procedure from persons permanently residing outside of Ukraine for the granting of an immigration permit:

prepare cases, verify the authenticity of submitted papers, and comply with the legal requirements;

please send information about the results of their consideration to the Ministry of Internal Affairs along with the case files through the Ministry of Foreign Affairs no later than one month after receiving the documents with their proposals.

{The third paragraph of Clause 13 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

These cases, except those for which decision-making is within the competence of the State Administrative Council, are sent by it to territorial bodies for making the appropriate decision.

{The fourth paragraph of Clause 13 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

14. Territorial bodies and subdivisions, after receiving the documents from the bodies specified in clauses 12 and 13 of this Procedure, check within a month the correctness of their registration, clarify within their competence the issue of the presence or absence of grounds for refusing to grant an immigration permit, provided for in the article 10 of the Law of Ukraine "On Immigration," send relevant requests to the Ministry of Internal Affairs, the National Police, regional bodies of the SBU and the State Border Service.

{The first paragraph of Clause 14 with changes introduced by Resolution of the Cabinet of Ministers No. 259 of April 12, 2017}

The Ministry of Internal Affairs, the bodies of the National Police, the regional bodies of the Security Service of Ukraine, and the State Border Service carry out, by their competence, within one month after receiving such requests, an inspection to identify persons who are not granted an immigration permit. The authority that sent the request is informed about the inspection results.

{The second paragraph of clause 14 in the wording of Resolution of the CM No. 259 dated 04/12/201}

The inspection period can be extended, but not more than one month.

15. If the decision to grant an immigration permit falls within the competence of the State Migration Service, the territorial bodies within a month analyze the information received from the authorities specified in the second paragraph of Clause 14 of this Procedure and send it to the State Migration Service, together with the case materials, data on the results of the review.

{Clause 15 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

16. If the decision-making on the granting of an immigration permit falls within the competence of territorial bodies and subdivisions, these bodies analyze within a month the information received from the authorities specified in the second paragraph of Clause 14 of this Procedure and, based on the case materials, decide on the granting of an immigration permit or about the refusal to grant such permission.

17. The DMS checks within a month the correctness of the documents received from the bodies specified in paragraphs 13 and 15 of this Procedure and examines the compliance of the stated reasons, defined by Article 4 of the Law of Ukraine "On Immigration," and investigates the presence or absence of grounds for refusal in granting immigration permitted by Article 10 of the Law of Ukraine "On Immigration" if necessary, sends a request to the Ministry of Internal Affairs, the National Police, the SBU. The proposal to the State Border Service is sent only to those persons whose requests were received through the Ministry of Foreign Affairs.

{The first paragraph of Clause 17 with changes introduced by Resolutions of the Cabinet of Ministers No. 559 dated 07.07.2010, No. 142 dated 06.03.2013, No. 259 dated 12.04.2017, No. 19 dated 13.01.2021}

The Ministry of Internal Affairs, the National Police, the Security Service of Ukraine, and the State Border and Border Service carry out a check within a month after receiving such requests to identify persons who are not granted an immigration permit. Information on the inspection results is sent to the State Internal Revenue Service.

{Paragraph two of clause 17 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010; in the version of Resolution of the Central Committee No. 259 dated 04.12.2017}

The review period can be extended, but not more than one month.

Before deciding on granting an immigration permit to persons who have made foreign investment in the economy of Ukraine in the form of a convertible foreign currency in the amount of at least 100 (one hundred) thousand US dollars, the Ministry of Internal Affairs finds out whether a such foreign investment has not been returned by sending a request to the bank or its separate unit (branch, office, representative office), which issued the certificate specified in clause 6 of this Procedure.

{Item 17 was supplemented with a new paragraph by Resolution of the Cabinet of Ministers No. 19 dated January 13, 2021}

On the day of deciding on granting an immigration permit to persons who have made a foreign investment in the economy of Ukraine in the form of convertible foreign currency in the amount of at least 100 (one hundred) thousand US dollars, the DMS checks in the Unified State Register of legal entities, natural persons - entrepreneurs and of public formations, information on the state registration of a legal entity, a copy of the statute of which was submitted by a foreign investor, is current as of the date of the decision.

{Clause 17 is supplemented by a paragraph by Resolution of the Cabinet of Ministers No. 259 of April 12, 2017}

18. Within a month, the DMS analyzes the information received from the authorities specified in the second paragraph of Clause 17 of this Procedure and, based on the case materials, decides to grant an immigration permit or refuse such a permit.

{Clause 18 with changes introduced following Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

19. The decision to grant an immigration permit or to refuse such a permit is valid for one year from the date of its adoption.

Persons who have been granted an immigration permit must, during the period of validity of the license, apply to:

Foreign diplomatic institutions of Ukraine with an application for the issuance of a long-term visa, if they permanently reside outside of Ukraine, and after arrival in Ukraine - within five working days to the territorial unit at the place of residence with an application for the issuance of a permanent residence permit;

{The third paragraph of Clause 19 with changes made by Resolution of the Cabinet of Ministers No. 142 dated 06.03.2013}

To the territorial subdivision at the place of residence with an application for the issuance of a permanent residence permit if they are legally in Ukraine.

At the same time, the applicant must personally apply to the territorial division at the place of residence at least once - to submit an application for an immigration permit or to obtain a passport (in the case when, for valid reasons, he was unable to apply for an immigration permit in person).

Immigrants who have received permits must register at their place of permanent residence and, in the event of a change of residence, re-register by the Procedure established for citizens of Ukraine.

20. The bodies that decide to grant an immigration permit or refuse to give such a permit send a copy of it within three working days from the day of acceptance directly to the applicant or through the Ministry of Foreign Affairs to the relevant foreign diplomatic institution of Ukraine.

{The first paragraph of Clause 20 with changes introduced by Resolutions of the Cabinet of Ministers No. 259 dated 04.12.2017, No. 19 dated 01.13.2021}

A copy of the adopted decision on granting an immigration permit is the basis for a foreign diplomatic institution of Ukraine to issue a long-term visa to a person who has been given such a permit.

{The second paragraph of Clause 20 with changes introduced by Resolution of the Cabinet of Ministers No. 142 dated 06.03.2013}

21. The immigration permit is revoked by the authority that decided to grant such a permit.

{The first paragraph of item 21 as amended by Resolution of the Cabinet of Ministers No. 142 dated 06.03.2013; with changes introduced by Resolution of the Cabinet of Ministers No. 259 of April 12, 2017}

Issues related to the cancellation of a permit have the right to be raised by the Ministry of Internal Affairs, its territorial bodies and territorial subdivisions, the Ministry of Internal Affairs, bodies of the National Police, regional bodies of the Security Service of Ukraine and the State Border Service, or bodies that, within the limits of their powers, ensure the implementation of immigration legislation, if it becomes known that there are grounds for canceling a permit for immigration.

{The second paragraph of clause 21 in the wording of Resolution of the CM No. 259 dated 04/12/2017}

22. To decide on the cancellation of an immigration permit, if the initiator of such cancellation is the Ministry of Internal Affairs, its territorial bodies, or territorial subdivisions, they draw up a reasoned conclusion indicating the grounds for the cancellation of the permit, specified in Article 12 of the Law of Ukraine "On Immigration," which is sent to the local government authority that decided to grant such a permit.

Suppose the initiator of the cancellation of the immigration permit is another body specified in the second paragraph of Clause 21 of this Procedure to make a relevant decision. In that case, this body shall draw up a reasoned submission indicating the grounds for the cancellation of the permit specified in Article 12 of the Law of Ukraine "On Immigration," which shall be sent to the body of the Ministry of Internal Affairs, which decided to grant such a permit.

{Clause 22 with changes introduced by Resolution of the Cabinet of Ministers No. 142 dated 06.03.2013; in the version of Resolution of the Central Committee No. 259 dated 04.12.2017}

23. Local authorities, territorial bodies, and subdivisions comprehensively study within a month the application for the cancellation of an immigration permit, request, if necessary, additional information from the initiator of the application, other executive authorities, legal entities and individuals, and, if necessary, invite immigrants to provide explanations, about which this issue is being considered. An appropriate decision is made based on the information analysis result.

{The first paragraph of Clause 23 with changes introduced by Resolution of the Cabinet of Ministers No. 19 of 13.01.2021}

The initiators of the immigration permit cancellation procedure are notified in writing of the decision made within a week.

{The second paragraph of Clause 23 with changes introduced by Resolution of the Cabinet of Ministers No. 19 dated 13.01.2021}

A copy of the decision on the cancellation of the immigration permit is issued no later than within a week from the date of its adoption to the person in respect of whom such a decision was made, under the receipt or sent by registered mail.

{Item 23 was supplemented by a paragraph by Resolution of the Cabinet of Ministers No. 19 of January 13, 2021}

{Clause 23 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

24. The decision to cancel the immigration permit is sent within a week by the body that adopted it to the territorial subdivision at the place of residence to withdraw the permanent residence permit from the immigrant and take measures by Article 13 of the Law of Ukraine "On Immigration." A copy of the decision is sent to the State Border Service.

25. Decisions of the State Administrative Court, territorial bodies and subdivisions, and other executive bodies, which within their competence are obliged to ensure proceedings in immigration matters, as well as the actions or inaction of their officials and officials, may be appealed by the legislation. In this case, proceedings in immigration cases are suspended until the appropriate decision is made.

{Clause 25 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

26. Regional State Administration, territorial bodies, and subdivisions:

{Paragraph one of Clause 26 with changes introduced by Resolution of the Cabinet of Ministers No. 559 dated 07.07.2010}

keep records of persons who have applied for an immigration permit, been granted such a permit and issued a permanent residence permit, have been refused such a permit, or have had an immigration permit revoked and a permanent residence permit issued on its basis declared invalid. Accounting is kept in paper or electronic form;

{The second paragraph of clause 26 in the wording of Resolution of the CM No. 259 dated 04/12/2017}

carry out an exchange of information about the specified persons with interesting central bodies of executive power and bodies subordinate to them;

if necessary, these bodies will issue copies of relevant documents based on written requests.

{The Procedure for issuing and issuing a permanent residence permit has become invalid based on Resolution of the Cabinet of Ministers No. 251 dated 03/28/2012}

Leave your details and we will contact you shortly




    Leave your details and we will contact you shortly





      error: Content is protected !!