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Immigration to Ukraine of foreigners who have Ukrainian roots or family ties in Ukraine

02.12.2021

Ukraine is a young European state, which today is at the stage of progressive development: a course towards European integration has been taken, reforms are being carried out, conditions are being created for successful business, laws are being adopted to attract foreign investment. This is one of the most tolerant and hospitable countries, and therefore it is not surprising that Ukraine is attracting more and more foreign citizens for permanent residence.

According to the Laws of Ukraine "On the Legal Status of Foreigners and Stateless Persons", "On Immigration", foreigners, on the grounds specified by these laws, can immigrate to Ukraine for permanent residence and obtain a permanent residence permit (permanent residence).

One of the categories of foreigners who have the right to immigrate to Ukraine are foreigners who have Ukrainian roots or family ties in Ukraine. Among them are:

  • foreigners who have the right to immigration by territorial origin;
  • foreigners who have been married to a citizen of Ukraine for more than 2 years;
  • foreigners whose children, parents, full-fledged brother or sister, grandfather or woman, grandson or granddaughter are citizens of Ukraine.

Foreigners are entitled to immigration by territorial origin if:

he or at least one of his parents, grandfather or grandmother, relatives (full and incomplete) brother or sister, son or daughter, grandson or granddaughter were born before August 24, 1991 in the territory that became the territory of Ukraine after the collapse of the USSR;
he or at least one of his parents, grandfather or grandmother, relatives (full and incomplete) brother or sister, son or daughter, grandson or granddaughter lived permanently until August 24, 1991 in the territory that became the territory of Ukraine after the collapse of the USSR
he or at least one of his parents, grandfather or grandmother, relatives (full and incomplete) brother or sister were born in other territories that were at the time of their birth or during their permanent residence in the UPR, ZUNR, Ukrainian SSR, Transcarpathian Ukraine ;
he or at least one of his parents, grandfather or grandmother, relatives (full and incomplete) brother or sister permanently lived in other territories that were at the time of their birth or during their permanent residence in the UPR, ZUNR, Ukrainian SSR, Transcarpathian Ukraine;
Also, on this basis, a child who was born on the territory of Ukraine after August 24, 1991, if he did not acquire the citizenship of Ukraine by birth and is a stateless person or a foreigner, has the right to immigration.

Period for registration of permanent residence. Registration of permanent residence is a rather long procedure, which includes two stages: first, a foreigner receives an immigration permit from the migration service, and then, on the basis of this permit, receives a permanent residence permit.

The deadline for issuing an immigration permit is one year from the date of submission of documents. An immigration permit is valid for one year from the date of its issue. That is, during this period you need to apply for a permanent residence permit. The permanent residence permit itself is issued within seven days from the date of submission of all documents.

It is worth noting the conditions for filing documents for obtaining an immigration permit. So, for the submission of documents, the legal stay of a foreigner on the territory of Ukraine is required. The applicant submits an application for an immigration permit personally to the appropriate body of the State Migration Service. If there are valid reasons (illness of the applicant, natural disaster, etc.), the application can be sent by mail or, on behalf of the applicant, certified by a notary, submitted by another person.

For minors, as well as for persons who are recognized as legally incompetent in the established manner, an application for an immigration permit is submitted by their legal representatives.

If one of the parents who is accompanied by minor children immigrates, he (she) must submit a statement from the husband (wife), certified by a notary, that he (she) does not object to the immigration of children together with the father (mother). In the absence of such consent, the father (mother) must submit a decision to the appropriate state authority on leaving the children with the father (mother). This decision must be legalized by the consular office of Ukraine, unless otherwise provided by an international treaty of Ukraine.

The documents. To obtain an immigration permit, a foreigner submits the following documents to the territorial bodies of the migration service:

Application for granting an immigration permit;
Foreigner's passport (returned after presentation), a copy of the border crossing registration pages;
Ukrainian translation of the foreigner's passport page with personal data, certified in accordance with the procedure established by law;
3 photographs measuring 4.5 x 3.5 cm;
Residence document (in Ukraine and abroad);
Documented information about the composition of the family (copies of birth certificates, marriage certificates, documents of adoption); *

A notarized copy of the birth certificate or other document confirming the fact of the birth of a foreigner in the above territories; *
A document confirming the fact of permanent residence of a foreigner in the above territories; *
A notarized copy of a document confirming the termination of the permanent residence of a foreigner on the territory of Ukraine before August 24, 1991;
Notarized copies of documents confirming the relationship of the foreigner with the father or mother, grandfather or grandmother, relatives (full and half) brother or sister, son or daughter, grandson or granddaughter, who were born or permanently resided in the above territories;
Notarized copies of documents confirming the relationship of a foreigner respectively with a father or mother, grandfather or grandmother, relatives (full-blooded and half-blooded) brother or sister, son or daughter, grandson or granddaughter, citizens of Ukraine;
A receipt for payment of the state fee or consular fee, if the legislation provides for their payment for actions related to the granting of an immigration permit, or a document confirming the availability of benefits for payment;
A notarized copy of the document confirming the ownership of the home of the foreigner's host in Ukraine;
A notarial statement from the owner of the home that he does not object to living at the address of his home;
A copy of the passport pages of the owner of the home (host party).

  • In the absence of documents confirming the fact of permanent residence or birth of a person in the above territories or documents confirming family relations, an appropriate court decision is submitted to establish these facts.

Also, foreigners who are a grandfather or grandmother, relatives (full-blooded and incomplete) brother or sister, grandson or granddaughter of citizens of Ukraine additionally submit:

Medical certificates on the absence of infectious diseases, the absence of tuberculosis, a certificate from a narcologist, which can be issued both on the territory of Ukraine and at the place of permanent residence abroad.
Police clearance certificate issued by the authorized body of the country of residence, with legalization, with a notarized translation into Ukrainian.
Police clearance certificate issued by the Ministry of Internal Affairs of Ukraine.
If necessary, the SMS authorities may require other documents clarifying the existence of grounds for granting an immigration permit, if this does not contradict the Law of Ukraine "On Immigration", as well as invite applicants or other persons for a conversation.

To make a decision on obtaining an immigration permit, the SMS authorities check the grounds, the legality of the stay of a foreigner in Ukraine, the authenticity and correctness of the paperwork; check whether there are grounds for refusing to issue an immigration permit. To this end, they send inquiries to the Ministry of Internal Affairs, the National Police, the SBU and its regional bodies, the Interpol Ukrburo Office and the State Border Service, and depending on the results of the check, a decision is made to issue or refuse to issue a permit.

To obtain a permanent residence permit itself, a foreigner submits:

Statement
Foreigner's passport (returned after presentation), a copy of the border crossing registration pages;
Ukrainian translation of the foreigner's passport page with personal data, certified in accordance with the procedure established by law;
A receipt for payment of the state duty or a document confirming the availability of benefits for its payment;
4 photographs of a foreigner measuring 3.5 x 4.5 cm on matte paper
A copy of the certificate issued by the tax authority on the assignment of an identification number (if any).
Immigrants who have received permanent residence permits must register at the place of residence, and in the event of a change of residence, re-register in the manner prescribed for citizens of Ukraine.

Lawyer

LLC "STATUS CO"

Yakubova Sevinj

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