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Law of Ukraine “On Immigration”

02.12.2021

LAW OF UKRAINE

About immigration

(Vidomosti Verkhovnoi Rady Ukrainy (VVR), 2001, No. 41, p. 197)

{With changes made in accordance with Laws N 2707-IV (2707-15) of 23.06.2005, VVR, 2005, N 33, Article 429 N 1182-VI (1182-17) of 19.03.2009, VVR, 2009, N 32-33, st.486 N 3739-VI (3739-17) from 20.09.2011, VVR, 2012, N 19-20, st.173 N 4652-VI (4652-17) from 13.04.2012, VVR, 2013, N 21, st.208 N 5453-VI (5453-17) from 16.10.2012, VVR, 2013, N 47, st.657 N 5459-VI (5459-17) from 16.10.2012, VVR, 2013, N 48, Article 682 N 716-VIII (716-19) of 06.10.2015, VVR, 2015, N 47, Article 436 N 1390-VIII (1390-19) of 31.05.2016, VVR, 2016, N 28 , p.531}

This Law determines the conditions and procedure for immigration of foreigners and stateless persons to Ukraine.

Section I

TERMS

Article 1. Definition of terms

In this Law, the following terms are used in the following meaning:

immigration is the arrival in Ukraine or leaving in Ukraine in the manner prescribed by law of foreigners and stateless persons for permanent residence;

immigrant - a foreigner or a stateless person who has received an immigration permit and arrived in Ukraine for permanent residence, or, while in Ukraine legally, received an immigration permit and remained in Ukraine for permanent residence;

immigration quota is the maximum number of foreigners and stateless persons who are supposed to be granted an immigration permit during a calendar year;

immigration permit - a decision that entitles foreigners and stateless persons to immigration; {Paragraph five of Article 1 as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

long-term visa - a permit issued by the authorized body of Ukraine in the form prescribed by law, required for entry of a foreigner and a stateless person to a permanent place of residence in Ukraine; {Paragraphs six - eight of Article 1 are replaced by one paragraph in accordance with Law No. 5453-VI (5453-17) of October 16, 2012}

legal representatives - parents, adoptive parents, foster parents, guardians, trustees, representatives of institutions that act as guardians and trustees.

Article 2. Immigration legislation

Immigration issues are regulated by the Constitution of Ukraine (254k / 96-VR), this Law and other normative legal acts that should not contradict them.

If an international treaty of Ukraine, approved by the Verkhovna Rada of Ukraine, establishes rules other than those contained in this Law, the rules of the international treaty of Ukraine shall apply.

Article 3. 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 normative legal acts adopted in accordance with them.

Article 4. Immigration quota

An immigration permit is granted within the immigration quota.

The immigration quota is set by the Cabinet of Ministers of Ukraine in the order determined by it by categories of immigrants:

1) figures of science and culture, whose immigration meets the interests of Ukraine;

2) highly qualified specialists and workers, the urgent need for which is felt for the economy of Ukraine;

3) persons who have made a foreign investment in the economy of Ukraine in a foreign convertible currency in the amount of not less than 100 (one hundred) thousand US dollars;

{Paragraph 3 of the second part of Article 4, as amended in accordance with Law No. 1390-VIII (1390-19) of 31.05.2016}

4) persons who are full brothers or sisters, grandparents, grandson or granddaughter of citizens of Ukraine;

5) persons who were previously citizens of Ukraine;

6) parents, husband (wife) of the immigrant and his minor children;

{Paragraph 7 of the second part of Article 4 is excluded on the basis of Law No. 5453-VI (5453-17) of October 16, 2012}

8) persons who have continuously resided on the territory of Ukraine for three years from the date of establishing the status of a person who has suffered from human trafficking;

(Part two of Article 4 is supplemented by paragraph 8 in accordance with Law No. 3739-VI (3739-17) of September 20, 2011)

9) persons who have served in the Armed Forces of Ukraine for three or more years.

{Part two of Article 4 is supplemented by paragraph 9 in accordance with Law No. 716-VIII (716-19) of October 6, 2015}

Immigration permit outside the immigration quota is granted:

1) one of the spouses, if the other spouse, with whom he has been married for more than two years, is a citizen of Ukraine, children and parents of citizens of Ukraine;

2) persons who are guardians or trustees of citizens of Ukraine, or are under the guardianship or custody of citizens of Ukraine;

3) persons who have the right to acquire the citizenship of Ukraine by territorial origin;

4) persons whose immigration is of state interest to Ukraine;

5) foreign Ukrainians, spouses of foreign Ukrainians, their children in case of their joint entry and stay on the territory of Ukraine. {Part three of Article 4 is supplemented by paragraph 5 in accordance with Law No. 2707-IV (2707-15) of June 23, 2005}

Section II

POWERS OF BODIES ENSURING IMPLEMENTATION OF IMMIGRATION LAW

Article 5. Powers of the Cabinet of Ministers of Ukraine

Cabinet ministers of Ukraine:

1) determines the procedure for forming the immigration quota (1983-2002-n) and sets the immigration quota for each calendar year;

2) determine the procedure for proceedings on applications for immigration permits and applications for revocation of immigration permits and execution of decisions (1983-2002-n);

3) approves the sample of the permanent residence permit, the rules and procedure for its registration and issuance (251-2012-n).

Article 6. Powers of the central executive body that implements the state policy in the field of immigration

Central executive body that implements state policy in the field of immigration:

1) organize the work on the acceptance of applications together with the documents specified in this Law on the issuance of immigration permits from persons who are in Ukraine on legal grounds;

2) organizes work to verify the correctness of the documents on the issuance of an immigration permit, compliance with the conditions for granting such a permit, the lack of grounds for refusal to grant it;

3) organize work on making decisions on granting an immigration permit, on refusing to grant an immigration permit, on revoking an immigration permit and issuing copies of these decisions to the persons to whom they apply;

4) organize work on the issuance and withdrawal in cases provided by this Law, permanent residence permits;

5) ensure the keeping of records of persons who have applied for an immigration permit and persons who have been granted such a permit. {Article 6 as amended by Law No. 5459-VI (5459-17) of October 16, 2012}

Article 7. Powers of diplomatic missions and consular posts of Ukraine

Diplomatic missions and consular posts of Ukraine:

1) accept from persons permanently residing outside Ukraine, applications for immigration permits together with the documents specified by this Law, check the correctness of their design and send through the Ministry of Foreign Affairs of Ukraine to the central executive body implementing state policy in the field of immigration ;

{Paragraph 1 of Article 7 as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

2) issue copies of decisions on granting an immigration permit and refusing to issue an immigration permit to the persons to whom they relate;

3) issue long-term visas to persons who have been granted an immigration permit.

{Paragraph 3 of Article 7 as amended in accordance with Law No. 5453-VI (5453-17) of October 16, 2012}

Article 8. Powers of other executive bodies in the field of immigration

The central executive body, which ensures the formation of state policy in the field of labor, annually approves the list of specialties and qualification requirements for specialists and workers, the need for which can be met through immigration.

{Part one of Article 8 as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

The central executive body, which ensures the formation of state policy in the field of health care, approves the list of infectious diseases, diseases for which are grounds for refusal to grant an immigration permit.

{Part two of Article 8 as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

Other executive bodies, within the limits of their competence, ensure the implementation of immigration legislation.

Section III

GRANTING AN IMMIGRATION PERMIT AND ISSUING A PERMANENT RESIDENCE CERTIFICATE

Article 9. Submission of an application for an immigration permit

Immigration permit applications are submitted to:

1) persons permanently residing outside Ukraine - to diplomatic missions and consular posts of Ukraine abroad at the place of their permanent residence;

2) persons who are in Ukraine on legal grounds - to the central executive body that implements state policy in the field of immigration.

{Paragraph 2 of the first part of Article 9, as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

The applicant submits an application for an immigration permit in person to the relevant public authority. If there are good reasons (the applicant's illness, natural disaster, etc.), the application may be sent by mail or on behalf of the applicant, notarized, submitted to another person.

For minors, as well as persons who have been duly declared incapable, the 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 notarized statement of the husband (wife) that he (she) does not object to the immigration of the children together with the father (mother) . In the absence of such consent, the father (mother) must submit a decision of the relevant state body to leave the children with the father (mother). This decision must be legalized by the consular office of Ukraine, unless otherwise provided by an international agreement of Ukraine.

To apply for an immigration permit, the following documents are attached to the application:

1) three photographs;

2) a copy of an identity document

in;

3) a document on the place of residence of the person;

4) information on the composition of the family, a copy of the marriage certificate (if the person submitting the application is married);

5) a document stating that the person is not ill with 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. {Paragraph 5 of the fifth part of Article 9, as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

The requirement of paragraph 5 does not apply to persons referred to in paragraphs 1, 3 of the third part of Article 4 of this Law.

In addition to these documents are submitted:

1) for the persons specified in paragraph 1 of the second part of Article 4 of this Law - a document confirming the support of their request by the central executive body of Ukraine;

2) for persons referred to in paragraph 2 of the second part of Article 4 of this Law - copies of documents confirming compliance with the level of qualification of a specialist or worker to the requirements provided for in the list approved by the central executive body;

{Paragraph 2 of the seventh part of Article 9, as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

3) for the persons specified in paragraph 3 of the second part of Article 4 of this Law - copies of the charter and / or registered agreements (contracts) on investment activities and a certificate of the bank on foreign investment in the economy of Ukraine in foreign convertible currency in the amount of not less than 100 ) thousands of US dollars;

{Paragraph 3 of the seventh part of Article 9 as amended by Law No. 1390-VIII (1390-19) of May 31, 2016}

4) for the persons specified in paragraph 4 of part two and in paragraph 1 of part three of Article 4 of this Law - copies of documents certifying their family relations with a citizen of Ukraine;

5) for the persons specified in paragraph 5 of the second part of Article 4 of this Law - a document confirming that the person was previously a citizen of Ukraine;

6) for the persons referred to in paragraph 6 of the second part of Article 4 of this Law - copies of documents certifying their family relations with the immigrant and a document stating that the immigrant does not object to their immigration and guarantees them financial security at a level not lower than subsistence level established in Ukraine;

{Paragraph 7 of the seventh part of Article 9 is excluded on the basis of Law No. 5453-VI (5453-17) of October 16, 2012}

8) for persons referred to in paragraph 8 of the second part of Article 4 of this Law - a copy of the document confirming the establishment of the status of a victim of human trafficking, as well as a document confirming the continuous residence of a person legally on the territory of Ukraine during three years from the date of establishing the status of a victim of trafficking in human beings;

{Part seven of Article 9 is supplemented by a new paragraph in accordance with Law No. 3739-VI (3739-17) of September 20, 2011}

9) for the persons specified in paragraph 9 of the second part 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 is supplemented by a new paragraph in accordance with Law No. 716-VIII (716-19) of October 6, 2015}

10) for the persons specified in paragraph 2 of part three of Article 4 of this Law - copies of documents on their appointment as guardians or trustees of citizens of Ukraine or on the establishment of guardianship or custody of a citizen of Ukraine;

11) for persons specified in paragraph 3 of the third part of Article 4 of this Law - documents confirming the right of a person to acquire Ukrainian citizenship by territorial origin in accordance with Article 8 of the Law of Ukraine "On Citizenship of Ukraine" (2235-14);

{Paragraph of the seventh part of Article 9 as amended by Law No. 5453-VI (5453-17) of October 16, 2012}

12) for the persons specified in paragraph 4 of the third part of Article 4 of this Law - the submission of the central executive body of Ukraine that the immigration of a person is of state interest for Ukraine;

13) for the persons specified in paragraph 5 of the third part of Article 4 of this Law - documents confirming the status of foreign Ukrainians, or copies of documents certifying their family relations with foreign Ukrainians.

{Part seven of Article 9 is supplemented by a clause in accordance with Law No. 5453-VI (5453-17) of October 16, 2012}

Persons permanently residing outside Ukraine, with the exception of persons referred to in paragraphs 1 and 3 of part three of Article 4 of this Law, together with the application for an immigration permit shall also submit a certificate of no criminal record.

If the legislation of Ukraine provides for the payment of a state duty or consular fee for actions related to the granting of an immigration permit, a document on its payment shall be submitted together with the application.

If a person fails to submit all the documents specified in this Law, the application for an immigration permit shall not be accepted.

The term for consideration of an application for an immigration permit may not exceed one year from the date of its submission.

Article 10. Grounds for refusals

and in granting immigration permits

Immigration permit is not granted:

1) persons sentenced to imprisonment for a term exceeding one year for committing an act that is recognized as a crime in accordance with the laws of Ukraine, if the conviction is not expunged and not removed in the manner prescribed 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 felony under the laws of Ukraine, or have been notified of suspicion in the commission of a criminal offense, the pre-trial investigation of which is not completed;

{Paragraph 2 of the first part of Article 10, as amended in accordance with Law No. 4652-VI (4652-17) of April 13, 2012}

3) persons suffering from chronic alcoholism, drug addiction, drug addiction or infectious diseases, the list of which is determined by the central body of executive power, which ensures the formation of state policy in the field of health care;

{Paragraph 3 of the first part of Article 10, as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

4) persons who have stated knowingly false information or submitted forged documents in their applications for an immigration permit;

5) persons who are prohibited from entering the territory of Ukraine by law;

6) in other cases provided by the laws of Ukraine.

The provisions of paragraphs 1 and 3 shall not apply to the persons specified in paragraphs 1 and 3 of part three of Article 4 of this Law.

Article 11. Procedure for entry of immigrants into Ukraine and issuance of a permanent residence permit

A person who permanently resides outside Ukraine and has obtained an immigration permit, diplomatic mission or consular post of Ukraine shall apply for a long-term visa upon his / her request. The said person enters the territory of Ukraine in accordance with the procedure established by the legislation of Ukraine.

{Part one of Article 11 as amended in accordance with Law No. 5453-VI (5453-17) of October 16, 2012}

Upon arrival of an immigrant in Ukraine, he must apply within five working days to the central executive body that implements the state policy in the field of immigration, with a request to issue him a permanent residence permit. The application must be accompanied by a copy of the applicant's passport document with a long-term visa and a copy of the decision to grant an immigration permit.

(Part two of Article 11 as amended in accordance with Laws No. 5453-VI (5453-17) of October 16, 2012, No. 5459-VI (5459-17) of October 16, 2012}

The central executive body, which implements the state policy in the field of immigration, within a week from the date of acceptance of the application issues to the immigrant a permanent residence permit.

{Part three of Article 11 as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

A person who is legally resident in Ukraine and has obtained an immigration permit is issued a permanent residence permit by the central executive body that implements the state immigration policy within one week from the date of submission of the relevant application.

{Part four of Article 11 as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

Section IV

REVOCATION OF THE IMMIGRATION PERMIT. DEPARTURE AND EXPULSION OUTSIDE UKRAINE

Article 12. Grounds for revocation of immigration permit

An immigration permit may be revoked if: {Paragraph one of Article 12 as amended by Law No. 5459-VI (5459-17) of 16.10.2012}

1) it turns out that it was provided on the basis of knowingly false information, forged documents or documents that have expired;

2) the immigrant was sentenced in Ukraine to imprisonment for a term exceeding one year and the court verdict came into force;

3) the actions of the immigrant pose a threat to the national security of Ukraine, public order in Ukraine;

4) it is necessary for the protection of health, protection of the rights and legitimate interests of the citizens of Ukraine;

5) the immigrant violated the legislation on the legal status of foreigners and stateless persons;

6) in other cases provided by the laws of Ukraine.

Article 13. Withdrawal of a permanent residence permit, departure and expulsion from Ukraine

The central executive body, which implements the state policy in the field of immigration, within a week within one week sends a copy of the decision to revoke the immigration permit to the person in respect of whom such a decision was made, and withdraws his permanent residence permit.

{Part one of Article 13 as amended by Law No. 5459-VI (5459-17) of October 16, 2012}

The person in respect of whom the decision to revoke the immigration permit has been made must leave Ukraine within one month from the date of receipt of a copy of this decision.

If during this time the person has not left Ukraine, he is subject to deportation in the manner prescribed by the legislation of Ukraine. If an immigration permit is revoked in respect of a person who was previously recognized as a refugee in Ukraine, he or she may not be deported or forcibly returned to a country where his or her life or liberty is in danger because of his or her race, nationality, or religion.

citizenship (citizenship), belonging to a certain social group or political beliefs.

{Part three of Article 13 as amended by Law No. 5453-VI (5453-17) of October 16, 2012}

If a person has appealed the decision to revoke the immigration permit to the court, the decision to expel him / her shall not be made until the court decision enters into force.

In case of revocation of the immigration permit and withdrawal of the permanent residence permit in connection with the sentence of imprisonment by a court sentence, the person must leave Ukraine within one month from the date of serving the sentence.

If a person in respect of whom a decision has been made to refuse to grant him or her an immigration permit has lost other legal grounds for staying in Ukraine during the consideration of his / her application, the provisions of parts two to four of this Article shall apply.

Article 14. Re-submission of an application for an immigration permit

An individual may re-apply for an immigration permit no earlier than one year from the date of the decision to refuse or revoke the immigration permit.

Article 15. Appeals against decisions on immigration, actions or omissions of public authorities, officials and officials

Actions and inaction of officials who violate the procedure and deadlines for consideration of applications for immigration permits, decisions taken by the central executive body implementing state policy in the field of immigration, may be challenged in court.

{Article 15 as amended in accordance with Law No. 5459-VI (5459-17) of October 16, 2012}

Section V

FINAL PROVISIONS

  1. This Law shall enter 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 on bringing the legislative acts of Ukraine into compliance with this Law;

to adopt normative legal acts necessary for the implementation of this Law;

bring their regulations in line with this Law;

to ensure that the central executive bodies of Ukraine bring their normative legal acts into compliance with this Law.

  1. To recommend the President of Ukraine to designate a central executive body to be entrusted with the functions of a specially authorized central executive body on immigration, and to bring its acts into line with this Law.
  2. To be considered as having an immigration permit to Ukraine:

foreigners and stateless persons who arrived in Ukraine for permanent residence before the entry into force of this Law and have a residence permit in the passport of a citizen of the former USSR of 1974 or received a certificate of permanent residence in Ukraine;

foreigners and stateless persons who were forced to leave their place of permanent residence in the Autonomous Republic of Abkhazia of Georgia, arrived in Ukraine, received a temporary certificate and resided 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 a permanent residence permit in Ukraine; {Paragraph three of item 4 of section V as amended by Law No. 1182-VI (1182-17) of March 19, 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 sending and accepting Vietnamese citizens for vocational training and work at enterprises and organizations of the USSR of April 2, 1981 year, remained to live in Ukraine and applied within six months from the date of entry into force of this Law with a request to issue them a certificate of permanent residence in Ukraine;

foreigners and stateless persons who came to Ukraine as orphans in connection with armed conflicts in their places of residence and are brought up or brought up in state orphanages or family-type orphanages or over whom guardianship or custody of citizens has been or has been established. Of Ukraine.

Persons referred to in paragraph 4 of the Final Regulations shall be issued a permanent residence permit on the basis of their applications or those of their legal representatives without an immigration permit. Articles 12-15 of this Law shall apply to them.

President of Ukraine L. Kuchma

Kyiv, June 7, 2001 N 2491-III

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