Category: Migration law of Ukraine

Foreign citizens can obtain a permanent residence permit in Ukraine based on an investment. The relevant provision is contained in the Law of Ukraine “On Immigration”. Any foreign citizen who invests in the economy of Ukraine and proves that the funds were obtained legally can obtain a permanent residence permit.

In order to obtain a permanent residence permit through an investment, foreign citizens must invest in the economy of Ukraine an amount equivalent to $100,000 (US dollars) or more. In this case, the investment must be issued in accordance with the procedure approved by the Cabinet of Ministers of Ukraine.

Legal requirements for obtaining a permanent residence permit through investment.

In order for an investment to be considered a basis for obtaining a permanent residence permit, foreign citizens must make it taking into account the requirements of the law. They are as follows:

• the investment is made either by creating a new company or by purchasing an existing legal entity. An individual who wishes to obtain a permanent residence permit must be one of the founders;
• the investment is made in a convertible foreign currency. These include 14 currencies (including the US dollar, euro, pound sterling, Swiss franc, etc.), as well as precious metals;
• the investment amount is $100,000 or the equivalent in other currencies at the exchange rate on the day of the investment;
  to obtain a permanent residence permit, the investment must be registered with the Ministry of Economy;
  the invested money must have a legal origin with the possibility of confirmation (declaration of income of an individual, non-resident of Ukraine).

An important nuance: the funds must be invested in the economy, that is, the person must invest money for further profit. And this must be remembered if you want to get a permanent residence permit by purchasing real estate.

Is it possible to obtain a residence permit by purchasing real estate?

In Ukraine, purchasing real estate is not considered an investment. It does not matter whether you buy it for yourself or for further rental. According to current legislation, this is an investment for needs, therefore, the owner does not have the right to a residence permit.

However, it is still possible to obtain a permanent residence permit when purchasing real estate. The solution is to register real estate (apartment, office, warehouse, etc.) as an object for investment. That is, if an individual buys real estate not directly, but through a company, this is already an investment from the point of view of Ukrainian legislation. The mechanism looks like this:

• a foreign citizen (non-resident of Ukraine) opens a private enterprise in Ukraine;
• for this purpose, the organization contributes funds in the equivalent of more than $100,000 (US dollars);
• submits documents to the Ministry of Economy in order to register the funds as an investment;
• buys real estate after registration is completed.

Property purchased through a company is owned by the company itself – the property of a legal entity. Thus, it can already be considered an investment. To avoid any further issues, it is better to conclude a lease agreement with your own company. After some time, you will be able to register the property in your name as an individual.

What documents are required to obtain a permanent residence permit through investment in the economy?

If you decide to obtain a permanent residence permit based on an investment by purchasing real estate through a legal entity, you need to prepare the following package of documents. It includes:

• constituent documents of the LLC;
• an investment agreement (if any);
• a bank statement confirming that there is an amount equivalent to $100,000 in the account;
• a ​​passport, copies with a notarized transfer;
• a certificate of family status;
• confirmation of the place of residence abroad;
• the consent of the second spouse to the relocation of children (if the mother or father moves with children);
• medical certificates;
• a document confirming the absence of an outstanding criminal record.

All these documents, as well as receipts and checks for payment of state fees and duties, are submitted to the State Migration Service of Ukraine, which makes the decision.

The Zigma Law Firm offers clients services in obtaining a permanent residence permit through investment in the economy, including through the purchase of real estate. Our specialists and experts will provide advice, help open or buy a company, and represent your interests in all state bodies and instances. We provide turnkey services for obtaining permanent and temporary residence permits. Zigma is your opportunity to obtain the necessary documents in the shortest possible time and with a 100% guarantee.

Ask a question about obtaining a residence permit based on investment in Ukraine.

Many foreign citizens come to Ukraine, and many stay in our country for a long time. Some people stay here for life, work, and start families. However, in order to stay in Ukraine on a long-term basis, you need a residence permit. If you plan to start a family in Ukraine, you can obtain a residence permit in Ukraine based on marriage or a marriage contract. The Zigma Law Firm offers services for obtaining a residence permit in Ukraine upon marriage with a citizen of Ukraine. We provide turnkey services for obtaining all necessary documents.

What do you need to know about obtaining a residence permit based on marriage?

If you plan to obtain a residence permit in Ukraine upon marriage, it is recommended to arrive in the country no less than a day before the date of the marriage and obtain an entry stamp and visa. In addition, it is not recommended to leave the country less than a day after the marriage. If you urgently need to leave the territory of Ukraine, it is better to do this the next day after the marriage.

After you have submitted an application and a package of documents, you need to wait for the decision of the State Migration Service. According to the law, up to 15 working days are allotted for issuing the decision. No later than this period, you must issue the necessary document or send a reasoned refusal. In the event of an illegal decision of the State Migration Service, you can appeal it to higher authorities or in court with the help of a lawyer or independently.

After receiving the certificate, a person is obliged to register at the place of residence – to issue a residence permit. For this, according to the law, 30 calendar days are allotted. That is, within a month, a foreign citizen who has received a residence permit in Ukraine by marriage or on another basis is obliged to provide information about his place of residence to the State Migration Service.

Extension of a temporary residence permit in Ukraine on the basis of marriage is carried out according to a similar procedure. It is necessary to submit a similar package of documents + ​​the previous residence permit. Documents must be submitted no later than 15 calendar days before the expiration of the previous document.

What kind of residence permit can I get?

According to the current legislation of Ukraine, there are two types of residence permits in Ukraine. You can obtain one of them, namely:

• temporary residence permit – upon marriage. A temporary residence permit can be obtained for a period of 1 year. After that, it can be extended for another 1 year.
• permanent residence permit in Ukraine upon marriage. This document has no expiration date. The person who issued the document can stay in the territory of Ukraine and enjoy the benefits for an unlimited amount of time (however, this document must be changed/updated every 10 years).

It is important to know that a residence permit in Ukraine on the basis of marriage gives the opportunity to obtain citizenship under an accelerated procedure. As a standard, to obtain citizenship you need to live in the territory of Ukraine for more than 5 years. If you intend to obtain citizenship and a passport of Ukraine on the basis of a marriage certificate, 2 years of residence in the territory of Ukraine with your wife or husband are enough.

What privileges does the permit provide?

A residence permit is an important document for a foreign citizen who plans to reside in Ukraine. It provides a number of privileges, including:

• legal stay in Ukraine;
• work or opening a business without a work permit;
• studying in secondary, secondary specialized or higher educational institutions without additional documents;
• receiving any banking and financial services, etc.

However, the permit has certain limitations. For example, if you received a residence permit in Ukraine by marriage or for any other reason, you do not have the right to vote – you cannot participate in elections to state authorities. However, after 2 years of residence in Ukraine, you can apply for citizenship and enjoy all the rights that a citizen of our country, Ukraine, is entitled to.

What documents are required to obtain a residence permit?

In order to obtain a residence permit based on marriage in Ukraine, you must contact the territorial department of the State Migration Service. You must submit a package of documents that includes:

• a notarized copy of the foreign citizen’s passport with a notarized transfer;
• a notarized copy of the marriage certificate;
• medical insurance for a period of 1 year;

It is important to know that citizens of countries with which Ukraine does not have a visa-free regime must have an entry visa in their passport – a type “D” visa. For citizens of countries with which Ukraine has a visa-free regime, this requirement does not exist. The passport must only have an entry stamp, which confirms the legality of the foreigner’s (non-resident’s) entry into the territory of Ukraine.

The Zigma Law Firm offers clients services for obtaining a residence permit in Ukraine based on marriage or on any other grounds. We offer turnkey services. Our specialists will provide advice, prepare documents, and represent your interests in government bodies and instances.

The ongoing war has brought about significant changes in Ukraine’s migration policies, particularly concerning the issuance and extension of residence permits. This article aims to shed light on the evolving landscape of migration laws in Ukraine during martial law.

Changes in the Procedure for Obtaining or Extending a Residence Permit in Ukraine During Martial Law.

The onset of martial law has necessitated alterations in the procedure for obtaining or extending a residence permit in Ukraine. These changes are primarily driven by the need to ensure national security while also accommodating genuine cases of individuals seeking refuge or residence in the country. It’s crucial for applicants to be aware of these changes and, if in doubt, to get advice from a migration lawyer on obtaining a residence permit in Ukraine on this page.

The Status of Russian Citizens Seeking Residence in Ukraine.

On November 1, 2022, the Cabinet of Ministers of Ukraine adopted a resolution addressing the provision of administrative services by the State Migration Service under martial law. This resolution has specific implications for citizens of the Russian Federation:

• Existing Applications: For those Russian citizens who had already filed their applications for immigration permits, issuing, or exchanging types for permanent or temporary residence before the resolution’s enforcement, their applications will be considered by the State Migration Service during martial law and within 30 calendar days from its termination or cancellation.
• New Applications: The resolution has put a halt on accepting new applications from Russian citizens.
• Exceptions: However, there are exceptions to these restrictions. Russian citizens who fall under the following categories are exempted:
  • Spouses of Ukrainian citizens.
  • Children or parents of Ukrainian citizens.
  • Full siblings, grandparents, or grandchildren of Ukrainian citizens.
  • Those who have served in the Armed Forces of Ukraine for three or more years.
  • Individuals who have arrived in Ukraine for employment.

Furthermore, Russian citizens in Ukraine for employment or family reunification purposes must apply to the State Migration Service for the exchange of a residence permit within 30 days from the resolution’s enforcement if the deadline for its exchange falls between February 24, 2022, and the resolution’s effective date.

Introduction of a New Category for Residence Permit Eligibility.

Ukraine has introduced a special category for foreign citizens or stateless persons who can now obtain a residence permit. This category includes:

• Individuals cooperating with the Armed Forces of Ukraine as contract soldiers.
• Those providing instructional support and other assistance to the Armed Forces of Ukraine. This also encompasses participants in volunteer formations fighting alongside the Ukrainian state.

In conclusion, the war has undeniably influenced the migration landscape in Ukraine. While the country remains committed to safeguarding its borders and national interests, it also recognizes the importance of providing refuge and residence to those genuinely in need. As always, it’s advisable to stay updated with the latest regulations and seek expert guidance when navigating the complex terrain of migration laws in Ukraine.