No. 1390-VIII from 05/31/2016, VVR, 2016, No. 28, Article 531, No. 693-IX dated 06/16/2020 - regarding implementation, see point 1 of section II}
{In the text of units I-IV, the words "central body of executive power implementing state policy in the field of immigration" in all cases are replaced by the words "central body of executive power implementing state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of natural persons, refugees and other legally defined categories of migrants" in the relevant case according to Law No. 693-IX dated 16.06.2020- regarding implementation, see point 1 of section II}
This Law defines the conditions and procedures for immigration of foreigners and stateless persons to Ukraine.
Chapter I
GENERAL PROVISIONS
Article 1. Definition of terms
In this Law, the following terms are used in the following sense:
Immigration is the arrival in Ukraine or leaving in Ukraine by the procedure established by the Law of foreigners and stateless persons for permanent residence;
immigrant - a foreigner or stateless person who received a permit to immigrate and arrived in Ukraine for permanent residence, or, being in Ukraine on legal grounds, received a visa to immigrate and remained in Ukraine for permanent residence;
the immigration quota is the maximum number of foreigners and stateless persons to whom immigration permission is provided during the calendar year;
immigration permit- a decision granting foreigners and stateless persons the right to immigrate;
{Paragraph five of Article 1 as amended by Law No. 5459-VI dated 10/16/2012 }
long-term visa- a permit issued by an authorized body of Ukraine in the form prescribed by Law, necessary for the entry of a foreigner and a stateless person to a permanent place of residence in Ukraine;
{Paragraphs six to eight of Article 1 have been replaced by one paragraph by Law No. 5453-VI dated October 16, 2012 }
legal representatives - parents, adoptive parents, foster parents, guardians, custodians, and representatives of institutions that perform the duties of guardians and custodians.
Article 2. Immigration legislation
Immigration issues are regulated by the Constitution of Ukraine, this Law, and other legal acts that should not contradict them.
Suppose an international treaty of Ukraine, the binding consent given by the Verkhovna Rada of Ukraine, establishes other rules than those contained in this Law. In that case, the rules of the international treaty of Ukraine shall be applied.
Article 3. The legal status of an immigrant
The legal status of an immigrant in Ukraine is determined by the Constitution of Ukraine, this Law, other laws of Ukraine, and the normative legal acts adopted by them.
Article 4. Immigration quota
An immigration permit is granted within the limits of the immigration quota.
The Cabinet of Ministers of Ukraine establishes the immigration quota in the order determined by it by categories of immigrants:
1) figures of science and culture whose immigration corresponds to the interests of Ukraine;
2) highly qualified specialists and workers, the acute need for which is felt by the economy of Ukraine;
3) 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;
{Clause 3 of the second part of Article 4 as amended by Law No. 1390-VIII dated 31.05.2016 }
4) persons who are a full brother or sister, grandfather or grandmother, grandson or granddaughter of citizens of Ukraine;
5) persons who previously held citizenship of Ukraine;
6) parents, husband (wife) of the immigrant and his minor children;
{Clause 7 of the second part of Article 4 is excluded based on Law No. 5453-VI dated 16.10.2012 }
8) 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 second part of Article 4 is supplemented by Clause 8 by Law No. 3739-VI dated 09/20/2011 }
9) persons who have served in the Armed Forces of Ukraine for three or more years.
{The second part of Article 4 is supplemented by Clause 9 by Law No. 716-VIII dated 06.10.2015 }
Permission to immigrate outside the immigration quota is granted:
1) to one of the spouses, if the second spouse, with whom he has been married for more than two years, is a citizen of Ukraine, to children and parents of citizens of Ukraine;
2) persons who are guardians or custodians of citizens of Ukraine or are under the guardianship or guardianship of citizens of Ukraine;
4) persons whose immigration is of state interest for Ukraine;
5) Ukrainians abroad, spouses of Ukrainians abroad, and their children in case of their joint entry and stay on the territory of Ukraine;
{The third part of Article 4 is supplemented by Clause 5 by Law No. 2707-IV dated 23.06.2005 }
6) 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.
{The third part of Article 4 was supplemented by Clause 6 by Law No. 693-IX dated 16.06.2020 - regarding the implementation, see point 1 of section II}
Chapter II
AUTHORITIES OF BODIES ENSURING IMMIGRATION LAW ENFORCEMENT
Article 5. Powers of the Cabinet of Ministers of Ukraine
Cabinet of Ministers of Ukraine:
1) determines the procedure for forming the immigration quota and sets the immigration quota for each calendar year;
2) determines the procedure for proceedings on applications for granting immigration permits and applications for cancellation of immigration permits and implementation of the decisions made ;
Article 6. Powers of the central executive body implementing state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of natural persons, refugees, and other legally defined categories of migrants
The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of natural persons, refugees, and other legally defined categories of migrants:
1) organizes work on accepting applications together with the documents defined by this Law regarding the granting of immigration permits from persons who are in Ukraine on legal grounds;
2) organizes the work of checking the correctness of documents regarding the granting of an immigration permit, the fulfillment of the conditions for giving such a permit, and the absence of grounds for refusing to give it;
3) organizes work on making decisions on granting an immigration permit, refusing to give an immigration permit, canceling an immigration permit, and issuing copies of these decisions to the persons to whom they apply;
4) organizes work on issuing and withdrawing permanent residence permits in the cases provided for by this Law;
5) ensures record-keeping of persons who have submitted applications for immigration permits and persons to whom such licenses have been granted.
{Article 6 as amended by Law No. 5459-VI dated October 16, 2012 }
Article 7. Powers of diplomatic missions and consular institutions of Ukraine
Diplomatic missions and consular institutions of Ukraine:
1) accept applications for immigration permits from persons permanently residing outside of Ukraine together with the documents defined by this Law, check the correctness of their registration and send them through the Ministry of Foreign Affairs of Ukraine to the central executive body that implements the state policy in the field of migration (immigration and emigration), including countermeasures against illegal (illegal) migration, citizenship, registration of individuals, refugees and other legally defined categories of migrants;
{Clause 1 of Article 7 as amended by Law No. 5459-VI dated 10/16/2012 }
2) issue copies of decisions on granting an immigration permit and on refusal to give an immigration permit to the persons to whom they apply;
3) issue long-term visas to persons granted immigration permission.
{Clause 3 of Article 7 as amended by Law No. 5453-VI dated 10/16/2012 }
Article 8. Powers of other executive authorities in the field of immigration
The central administrative body, which ensures the formation of state policy in the area of labor, annually approves the list of specialties and requirements for the qualifications of specialists and workers, the need for which can be satisfied at the expense of immigration.
{Part one of Article 8 as amended by Law No. 5459-VI dated 10/16/2012 }
The central body of executive power, which ensures the formation of state policy in the health care field, approves the list of infectious diseases for which diseases are grounds for refusing to grant an immigration permit.
{Part two of Article 8 as amended by Law No. 5459-VI dated 10/16/2012 }
Other bodies of executive power, within the limits of their competence, ensure the implementation of immigration legislation.
Chapter III
GRANTING OF IMMIGRATION PERMIT AND ISSUANCE OF PERMANENT RESIDENCE PERMIT
Article 9. Submission of an application for an immigration permit
Applications for immigration permits are submitted:
1) persons permanently residing outside Ukraine - to diplomatic missions and consular institutions of Ukraine abroad at their place of permanent residence;
2) by persons who are in Ukraine on legal grounds - to the central body of the executive power, which implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of natural persons, refugees and other legally defined categories of migrants.
{Clause 2 of the first part of Article 9 as amended by Law No. 5459-VI dated 16.10.2012 }
The applicant submits an application for an immigration permit in person to the relevant state authority. Suppose there are good reasons (illness of the applicant, natural disaster, etc.). In that case, the application can be sent by mail or submitted by another person under the applicant's authority, certified by a notary.
In the case of minors and persons who have been recognized as incompetent by the established procedure, the application for an immigration permit is submitted by their legal representatives.
Suppose one of the parents immigrates accompanied by minor children. In that case, he (she) must submit a notarized statement from the husband (wife) that he (she) does not object to the children's immigration together with the father (mother). Without such consent, the father (mother) must submit a decision to the relevant state body to leave the children with the father (mother). The specified decision must be legalized by a consular institution of Ukraine unless otherwise stipulated by an international treaty of Ukraine.
The following documents are attached to the application for an immigration permit:
1) three photos;
2) a copy of an identity document;
3) a document on the person's place of residence;
4) information about the composition of the family, a copy of the marriage certificate (if the person applying is married);
5) a document stating that the person does not suffer from chronic alcoholism, drug addiction, drug addiction, or infectious diseases, the list of which is determined by the central executive body, which ensures the formation of state policy in the field of health care.
{Clause 5 of the fifth part of Article 9 as amended by Law No. 5459-VI dated 10/16/2012 }
The requirement of Clause five does not apply to the persons specified in clauses 1, 3, and 6 of the third part of Article 4 of this Law.
{Part six of Article 9 as amended by Law No. 693-IX dated 16.06.2020 - regarding implementation, see point 1of section II}
In addition to the specified documents, the following are submitted:
1) for the persons specified in Clause one of the second part of Article 4 of this Law - a document confirming the support of their request by the central body of the executive power of Ukraine;
2) for the persons specified in clause 2 part two of Article 4 of this Law, - copies of documents confirming the compliance of the specialist's or worker's qualification level with the requirements stipulated in the list approved by the central executive body, which ensures the formation of state policy in the field of labor;
{Clause 2 of the seventh part of Article 9 as amended by Law No. 5459-VI dated 10.16.2012 }
3) for the persons specified in clause 3 of the second part of Article 4 of this Law - copies of the charter and registered agreements (contracts) on investment activity and a bank certificate on the receipt of foreign investment in the economy of Ukraine in a convertible foreign currency in the amount of at least 100 (one hundred) thousand US dollars;
{Clause 3 of the seventh part of Article 9 as amended by Law No. 1390-VIII dated 31.05.2016 }
4) for the persons specified in point 4 of the second part and point 1 part three of Article 4 of this Law, - copies of documents certifying their family relationship with a citizen of Ukraine;
5) for the persons specified in clause 5 of the second part of Article 4 of this Law - a document confirming that the person previously held the citizenship of Ukraine;
6) for the persons specified in clause 6 part two of Article 4 of this Law, - copies of documents certifying their family relationship with the immigrant and a document stating that the immigrant does not object to their immigration and guarantees them financial support at a level not lower than the subsistence minimum established in Ukraine;
{Clause 7 of part seven of Article 9 is excluded based on Law No. 5453-VI dated 16.10.2012 }
8) for the persons specified in point 8 of the second part of Article 4 of this Law, - a copy of the document confirming the establishment of the person's status as a victim of human trafficking, as well as the document confirming the fact of the person's continuous legal residence in the territory of Ukraine for three years from the date of establishment of the person's status, who suffered from human trafficking;
{Part seven of Article 9 was supplemented by a new clause by Law No. 3739-VI dated September 20, 2011 }
9) for persons specified in Clause 9 of Part Two of Article 4 of this Law, a document confirming the fact of military service in the Armed Forces of Ukraine;
{Part seven of Article 9 was supplemented by a new clause by Law No. 716-VIII dated October 6, 2015 }
10) for the persons specified in clause 2 part three of Article 4 of this Law - copies of documents on their appointment as guardians or custodians over citizens of Ukraine or on the establishment of guardianship or guardianship of a citizen of Ukraine over them;
11) for the persons specified in clause 3 part three of Article 4 of this Law, - documents confirming the right of a person to acquire Ukrainian citizenship by territorial origin by Article 8 Law of Ukraine "On Citizenship of Ukraine";
{Clause of the seventh part of Article 9 as amended by Law No. 5453-VI dated 10.16.2012 }
12) for the persons specified in clause 4 part three of Article 4 of this Law - a submission to the central executive body of Ukraine that the immigration of a person is of state interest for Ukraine;
13) for the persons specified in clause 5 part three of Article 4 of this Law - documents confirming the status of Ukrainians abroad or copies of documents certifying their family relationships with Ukrainians abroad;
{Part seven of Article 9 is supplemented by a clause by Law No. 5453-VI dated 10.16.2012 }
14) for the persons specified in clause 6, part three of Article 4 of this Law - originals (returned after presentation) and copies of the temporary residence permit and the decision to grant the status of a stateless person.
{Part seven of Article 9 is supplemented by Clause 14 by Law No. 693-IX dated June 16, 2020- regarding implementation, see point 1of section II}
Persons who permanently reside outside of Ukraine, except persons specified in clauses 1, 3, and 6 of the third part of Article 4 of this Law, and the application for granting an immigration permit, also submit a certificate of no criminal record.
{Part eight of Article 9 as amended by Law No. 693-IX dated June 16, 2020 - regarding implementation, see point 1of section II}
If for actions related to the granting of an immigration permit, the legislation of Ukraine provides for the payment of a state duty or consular fee, a document on its price is submitted together with the application.
If a person does not submit all the documents defined by this Law, the application for granting an immigration permit will not be accepted.
The term of consideration of an application for an immigration permit cannot exceed one year from the date of its submission.
Article 10. Grounds for refusing to grant an immigration permit
An immigration permit is not given:
1) persons sentenced to imprisonment for a term of more than one year for committing an act that is recognized as a crime by the laws of Ukraine, if the criminal record has not been extinguished and not removed by the procedure established by Law;
2) persons who have committed a crime against peace, a war crime, or a crime against humanity and humanity, as defined in international Law, or are wanted in connection with the commission of an act recognized as a severe crime under the laws of Ukraine, or have been notified of suspicion in the commission of a criminal offense, the pre-trial investigation of which has not been completed;
{Clause 2 of the first part of Article 10 as amended by Law No. 4652-VI dated 04/13/2012 }
3) persons suffering from chronic alcoholism, drug addiction, drug addiction, or infectious diseases, the list of which is determined by the central executive body, which ensures the formation of state policy in the field of health care;
{Clause 3 of the first part of Article 10 as amended by Law No. 5459-VI dated 10/16/2012 }
4) persons who, in their applications for immigration permits, have deliberately provided false information or submitted forged documents;
5) persons who, based on the Law, are prohibited from entering the territory of Ukraine;
6) in other cases provided for by the laws of Ukraine.
The provisions of clauses 1 and 3 do not apply to the persons specified in clauses 1 and 3 of the third part of Article 4 of this Law.
Article 11. The procedure for the entry of immigrants into Ukraine and the issuance of a permanent residence permit
A long-term visa is issued by a diplomatic mission or consular institution of Ukraine to a person who permanently lives outside Ukraine and has received permission to immigrate. The specified person enters the territory of Ukraine by the procedure established by the legislation of Ukraine.
{Part one of Article 11 as amended by Law No. 5453-VI dated 10/16/2012 }
After the immigrant arrives in Ukraine, he must apply within five working days to the central body of the executive power, which implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other legally defined categories of migrants, with an application to issue him a permanent residence permit. A copy of the applicant's passport document with a long-term visa affixed to it and a copy of the decision to grant an immigration permit must be attached to the application.
{Part two of Article 11 with amendments introduced by Laws No. 5453-VI dated 10.16.2012, No. 5459-VI dated 10.16.2012 }
The central executive body, which implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of natural persons, refugees, and other legally defined categories of migrants, within a week from the day of acceptance of the application, issues the immigrant permanent residence permit.
{Part three of Article 11 as amended by Law No. 5459-VI dated 10/16/2012 }
To a person who is legally in Ukraine and has received permission to immigrate, the central executive body implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other legally defined categories of migrants, issues a permanent residence permit within a week from the date of submission of the relevant application.
{Part four of Article 11 as amended by Law No. 5459-VI dated 10/16/2012 }
Chapter IV
REVOCATION OF IMMIGRATION AUTHORIZATION. DEPARTURE AND DEPORTATION OUTSIDE UKRAINE
Article 12. Grounds for canceling the immigration permit
An immigration permit may be revoked if:
{Paragraph one of Article 12 as amended by Law No. 5459-VI dated 16.10.2012 }
1) it turns out that it was provided based on knowingly false information, forged documents, or documents that have lost their validity;
2) the immigrant has been sentenced in Ukraine to imprisonment for a term of more than one year, and the court verdict has entered into force;
3) the actions of the immigrant pose a threat to the national security of Ukraine and public order in Ukraine;
4) it is necessary for health protection, protection of rights, and legitimate interests of citizens of Ukraine;
5) the immigrant violated the legislation on the legal status of foreigners and stateless persons;
6) in other cases provided for by the laws of Ukraine.
Article 13. Withdrawal of a permit for permanent residence, departure, and deportation outside Ukraine
The central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of natural persons, refugees, and other legally defined categories of migrants, shall send a copy within a week no later than the decision to cancel the immigration permit of the person in respect of whom such a decision was made, and withdraws the permanent residence permit from him.
{Part one of Article 13 as amended by Law No. 5459-VI dated October 16, 2012 }
A person in respect of whom a decision to cancel an immigration permit has been made must leave Ukraine within a month from the day of receiving a copy of this decision.
If the person has not left Ukraine during this time, he is subject to deportation by the procedure provided by the legislation of Ukraine. In the case of cancellation of an immigration permit in respect of a person who was recognized as a refugee in Ukraine before it was issued, he cannot be deported or forcibly returned to a country where his life or freedom is in danger because of his race, nationality, religion, citizenship (nationality), belonging to a particular social group or political beliefs.
{Part three of Article 13 as amended by Law No. 5453-VI dated 10/16/2012 }
If a person has appealed the decision to revoke the immigration permit to the court, the decision to deport them shall not be made until the court decision becomes final.
In the case of cancellation of the immigration permit and withdrawal of the permanent residence permit in connection with the conviction to imprisonment by the court verdict, the person must leave Ukraine within a month from the day of serving a sentence.
Suppose a person in respect of whom a decision was made to refuse to grant him an immigration permit lost other legal grounds for staying in Ukraine during his application. In that case, the provisions of parts two to four of this article apply to him.
Article 14. Resubmission of an application for an immigration permit
A person may re-submit an application for an immigration permit no earlier than one year from the decision to refuse or revoke an immigration permit.
Article 15. Appealing decisions on immigration, actions or inaction of state authorities, officials, and officials
Actions and inaction of officials and civil servants, which violate the procedure and deadlines for considering applications for immigration permits, decisions made by the central executive body implementing state policy in the field of migration (immigration and emigration), including countering illegal (illegal) migration, citizenship, registration of natural persons, refugees and other legally defined categories of migrants, may be appealed in the prescribed manner to the court.{Article 15 as amended by Law No. 5459-VI dated 10/16/2012 }
Chapter V
FINAL PROVISIONS
1. This Law enters into force one month after its publication.
2. The Cabinet of Ministers of Ukraine within two months from the date of entry into force of this Law:
to prepare and submit to the Verkhovna Rada of Ukraine proposals for bringing legislative acts of Ukraine into compliance with this Law;
to adopt normative legal actions necessary for the implementation of this Law;
to bring its normative legal acts into compliance with this Law;
ensure that the central bodies of the executive power of Ukraine get their normative legal acts into compliance with this Law.
3. To recommend to the President of Ukraine to determine the central body of executive power, which will be entrusted with the performance of the functions of the specially authorized main body of executive power on immigration issues, and to bring its acts into compliance with this Law.
4. Consider having a permit to immigrate to Ukraine:
foreigners and stateless persons who arrived in Ukraine for permanent residence before the entry into force of this Law and have a registration mark in the passport of a citizen of the former USSR of the 1974 model or received a permit for permanent residence in Ukraine;
foreigners and stateless persons who were forced to leave their places of permanent residence in the Autonomous Republic of Abkhazia of Georgia arrived in Ukraine, received a temporary certificate by the established procedure, and lived in Ukraine for at least five years, as well as their adult children who arrived in Ukraine together with them until they reach the age of majority, and applied for the issuance of a permit for permanent residence in Ukraine;
{The third paragraph of Clause 4 of Chapter V as amended by Law No. 1182-VI dated 19.03.2009 }
foreigners and stateless persons who arrived in Ukraine before March 6, 1998, under the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the USSR on the referral and acceptance of Vietnamese citizens for professional training and work at enterprises and organizations of the USSR dated April 2, 1981 year, remained living in Ukraine and applied within six months from the date of entry into force of this Law with an application for issuing them a permit for permanent residence in Ukraine;
foreigners and stateless persons who arrived in Ukraine as orphans in connection with armed conflicts in their places of permanent residence and are being raised or raised in state children's institutions or family-type children's homes or for whom citizen guardianship or guardianship is established or has been established of Ukraine.
To the persons specified in point 4, According to the final regulations, a permanent residence permit is issued based on their application or the application of their legal representatives without obtaining an immigration permit. Articles 12-15 apply to them this Law.
