According to the Law of Ukraine “On immigration” (hereinafter referred to as “the Law”), immigration is arrival in Ukraine or departure from Ukraine, according to the set by the Law procedure, of foreigners and stateless persons for permanent residence. Immigrant is a foreigner or a stateless person who obtained immigration permit and arrived in Ukraine for permanent residence, or, while staying in Ukraine on legal grounds obtained immigration permit and remained in Ukraine for permanent residence.
Pursuant to Article 4 of the Law, immigration permit is issued within the immigration quota. Immigration quota is set by the Cabinet of Ministers of Ukraine as regards to the following categories of immigrants:
- scientists and cultural workers whose immigration corresponds to interests of Ukraine;
- highly-qualified specialists and employees that are highly required in Ukrainian economy;
- the persons who made foreign investment in Ukrainian economy for the amount not less than USD 100 thousand;
- the persons who are a brother of a sister, a grandfather or a grandmother, a grandson or a granddaughter of the citizens of Ukraine;
- the persons who were the citizens of Ukraine earlier;
- immigrant's parents, husband (wife) or his/her minor children;
- the persons who have been living in Ukraine for three years continuously starting from the day of granting to them the refugee status in Ukraine or shelter in Ukraine, as well as their parents, husbands (wives) and minor children who reside together with them.
Immigration permit over the immigration quota is granted to:
· one of the married couple provided that the other one to whom s/he is married for over than two years is the citizen of Ukraine, as well as to children and parents of the Ukrainian citizens;
· the persons who are guardians or curators of the Ukrainian citizens, or those who are under guardianship or curatorship of the Ukrainian citizens;
· the persons who have the right to obtain Ukrainian citizenship according to the territorial origin;
· the persons whose immigration is of state interest for Ukraine.
Chapter II of the Law defines authorities of bodies that ensure implementation of the legislation on immigration.
The procedure for submission of application for obtaining immigration permit is set by Article 9 of the Law of Ukraine. Applications for granting immigration permit are submitted by:
· the persons who permanently reside outside Ukraine - to the diplomatic representations and consular posts of Ukraine abroad at the place of their permanent residence;
· the persons who stay in Ukraine on legal basis - to the bodies of the specially authorized central body of executive power on immigration issues at the place of their residence.
The Law prohibits granting immigration permit to:
- the persons condemned to deprivation of liberty for the term exceeding one year for commitment of offence that is considered as crime according to the laws of Ukraine provided that conviction has not been spent or lifted;
- the persons who committed crime against peace, military crime or crime against humaneness and humanity as per international law, or those searched for due to commitment of offence that is recognized as a grave crime according to the laws of Ukraine, as well as those as regards to whom criminal case is initiated provided that preliminary investigation of the case has not been finished;
- the persons ill with chronic alcoholism, toxicomania, drug-taking or infectious diseases the list of which is defined by the central body of executive power on healthcare;
- the persons who wrote deliberately unreliable information in the application for residence permit or submitted faked-up documents;
- the persons who cannot arrive in Ukraine legally;
- in other cases envisaged by the laws of Ukraine.
The diplomatic representation or the consular post of Ukraine shall register immigration visa upon application of the person who permanently resides outside Ukraine and obtained immigration permit. Such visa shall be valid for one year starting from the day of its registration. After the immigrant's arrival in Ukraine s/he shall apply within five working days to the specially authorized central body of executive power on immigration issues at the place of residence with the application for issue of the certificate for permanent residence. The application shall be supplemented with the copy of the applicant's passport document with inserted immigration visa and the copy of decision about granting immigration permit. The specially authorized central body of executive power on immigration issues shall issue the certificate for permanent residence to the immigrant within a week starting from the day of acceptance of the application.
The Law envisages the following grounds for canceling immigration permit:
· if it turns out that the immigration permit was issued on the basis of deliberately unreliable information or faked-up documents that have become invalid;
· the immigrant is condemned in Ukraine to deprivation of liberty for the term exceeding one year and the sentence of court has been enforced;
· immigrant's actions threat national security of Ukraine, and public order in Ukraine;
· it is necessary for the protection of health, rights and legal interests of the Ukrainian citizens;
· immigrant has violated the legislation on legal status of foreigners and stateless persons;
· in other cases envisaged by the laws of Ukraine.
The person may apply repeatedly for granting immigration permit not earlier than a year after adoption of decision about the refusal to grant immigration permit or its cancellation.
In order to receive immigration permit a person shall bring together with the application form established by the Department under agreement with the Ministry of Foreign Affairs:
A copy of the identity card (a document, conforming the citizenship (nationality) or status of a stateless person);
1. Three photographs;
2. Copy of the ID;
3. A document certifying the place of residence (in Ukraine and abroad);
4. Documentary certified information on the family composition (copies of respective birth certificate, marriage certificate, documents on adoption, establishment of guardianship or custodianship etc.);
5. A document issued by respective medical institution certifying that such applicant does not have diseases specified in the paragraph 5 of part five of Article 9 of the Law of Ukraine “On Immigration” (except for persons specified in the paragraphs 1 and 3 of part three of Article 4 of the Law). The persons permanently residing outside of Ukraine shall file documents issued by respective medical institution at the place of their residence and subject to legalization under the established procedure, unless otherwise is provided in the international treaties; A certificate issued by a competent authority of the state of previous residence or by its consulate in Ukraine certifying absence of criminal history (except for persons specified in the paragraphs 1 and 3 of part three of Article 4 of the Law of Ukraine “On Immigration”). A receipt certifying payment of the state duty or consular fee, provided such payments are stipulated for processing the immigration permit, or a document certifying presence of benefits with regard to such payment shall be submitted.