{In the text of sections I—IV, the words “central executive authority enforcing the state policy on immigration” in all cases have been replaced with the words “central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation” in the relevant case under Law No. 693-IX of 16 June 2020 – concerning the enactment, refer to clause 1 of Section II}
This Law shall determine the conditions and procedure of immigration to Ukraine of foreigners and stateless persons.
Section I
GENERAL PROVISIONS
Article 1. Definitions
For the purposes of this Law, the following definitions shall apply:
immigration shall mean arrival in Ukraine or staying in Ukraine of foreigners and stateless persons in accordance with the determined procedure with the purpose of the permanent residence;
immigrant shall mean a foreigner or a stateless person, who has obtained an immigration permit and arrived in Ukraine for permanent residence or, while staying in Ukraine on legal grounds, obtained an immigration permit and stayed in Ukraine for permanent residence;
immigration quota shall mean a maximum number of foreigners and stateless persons, who can obtain immigration permits within a calendar year;
immigration permit shall mean a decision allowing foreigners and stateless to immigrate;
{Paragraph 5, Article 1 as amended by Law No. 5459-VI of 16 June 2012}
long-stay visa shall mean a permit issued by an authorised body of Ukraine in the form determined by legislation required for entry by a foreigner and stateless person for permanent residence in Ukraine;
{Paragraphs 6—8 of Article 1 have been replaced with one paragraph under Law No. 5453-VI of 16 June 2012}
legal representatives shall mean parents, adoptive parents, foster parents, custodians, guardians, representatives of institutions acting as custodians and guardians.
Article 2. Legislation on immigration
The issues of immigration shall be regulated by the Constitution of Ukraine, this Law and other regulatory acts not contradicting them.
If an international treaty of Ukraine ratified by the Verkhovna Rada of Ukraine provides for other rules than those contained in this Law, the rules of the international treaty of Ukraine shall apply.
Article 3. Legal status of an immigrant
Legal status of an immigrant in Ukraine shall be determined by the Constitution of Ukraine, this Law, other laws of Ukraine and regulatory acts made according to them.
Article 4. Immigration quota
An immigration permit shall be provided within the immigration quota.
The immigration quota shall be set by the Cabinet of Ministers of Ukraine in accordance with the procedure determined by it by the categories of immigrants:
1) scientific and cultural professional whose immigration meets the interests of Ukraine;
2) highly qualified specialists and workers who are in high demand for the economy of Ukraine;
3) persons who made a foreign investment in the economy of Ukraine in hard currency of at least USD 100 (hundred) thousand;
{Clause 3, part 2 of Article 4 as amended by Law No. 1390-VIII of 31 May 2016}
4) persons who are the full brother or sister, grandparents or grandchildren of Ukrainian citizens;
5) persons who used to be citizens of Ukraine earlier;
6) parents, spouses of immigrants and their minor children;
{Clause 7, part 2 of Article 4 has been deleted under Law No. 5453-VI of 16 October 2012}
8) individuals who have stayed permanently on the territory of Ukraine for three years from dates of granting them the status of a person who suffered from human trafficking;
{Part 2 of Article 4 has been supplemented with clause 8 under Law No. 3739-VI of 20 September 2011}
9) persons who have served in the Armed Forces of Ukraine for three and more years.
{Part 2 of Article 4 has been replaced by clause 9 under Law No. 716-VIII of 6 October 2015}
Immigration permits shall be issued in excess of the immigration quota to:
1) one of the spouses, if the second spouse, to whom the first one is married for more than two years, is a citizen of Ukraine; children and parents of citizens of Ukraine;
2) individuals, who are custodians or guardians of citizens of Ukraine or are under custody/guardianship of citizens of Ukraine;
3) individuals who have the right to be admitted to nationality of Ukraine by territorial origin;
4) individuals whose immigration meets the national interests of Ukraine;
5) foreign Ukrainians, spouses of foreign Ukrainians, their children if they enter and stay on the territory of Ukraine together;
{Part 3 of Article 4 has been supplemented with clause 5 under Law No. 2707-IV of 23 June 2005}
6) stateless persons who have resided on the territory of Ukraine under a temporary residence permit for two years after having been recognised as stateless persons.
{Part 3 of Article 4 has been supplemented with clause 6 under Law No. 693-IX of 16 June 2020– concerning the enactment refer to clause 1 of section II}
Section II
POWERS OF AUTHORITIES ENFORCING THE LEGISLATION ON IMMIGRATION
Article 5. Powers of the Cabinet of Ministers of Ukraine
The Cabinet of Ministers of Ukraine shall:
1) determine the procedure for forming immigration quotas and set the immigration quotas for every calendar year;
2) determine the procedure for processing the applications for immigration permits and submissions on cancelling the immigration permits and for enforcing the made decisions;
3) approve the template of a permanent residence permit, rules and procedure for its processing and issuance.
Article 6. Powers of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation
A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall:
1) organise work on receiving applications for immigration permits accompanied by documents specified in this Law from individuals staying in Ukraine on legal grounds;
2) organise work on checking whether the documents submitted for issuance of an immigration permit are duly executed, compliance with the conditions of issuing such a permit and absence of reasons to deny issuance of such a permit;
3) organise work on making decisions to issue immigration permits, deny issuance of immigration permits, cancel immigration permits and issue copies of such decisions to the relevant persons;
4) organise work on issuing and seizing permanent residence permits in cases provided for by this Law;
5) ensure keeping account of persons who have filed an application for immigration permit and persons who have been issued such permits.
{Article 6 as revised by Law No. 5459-VI of16 October 2012}
Article 7. Powers of diplomatic missions and consular posts of Ukraine
Diplomatic missions and consular posts of Ukraine shall:
1) accept applications for immigration permits, accompanied by documents specified in this Law from individuals stay permanently outside Ukraine, check whether such documents are duly executed and transfer such documents through the Ministry of Foreign Affairs of Ukraine to a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation;
{Clause 1 of Article 7 as amended by Law No. 5459-VI of 16 October 2012}
2) issue copies of decisions to issue immigration permits or deny issuance of immigration permits to the relevant persons;
3) issue long-stay visas to persons who have been issued immigration permits.
{Clause 3 of Article 7 as amended by Law No. 5453-VI of 16 October 2012}
Article 8. Powers of other executive immigration authorities
A central executive authority shaping the state labour policy shall annually approve the list of professions and requirements to the qualification of specialists and workers the demand for whose services may be met through immigration.
{Part 1 of Article 8 as amended by Law No. 5459-VI of 16 October 2012}
A central executive authority shaping the state policy on healthcare shall approve the list of infectious diseases, which may be grounds for denying issuance of an immigration permit.
{Part 2 of Article 8 as amended by Law No. 5459-VI of 16 October 2012}
Other executive authorities shall ensure enforcement of legislation on immigration within their competence.
Section III
ISSUANCE OF AN IMMIGRATION PERMIT AND PERMANENT RESIDENCE PERMIT
Article 9. Filing the application for immigration permit
Applications for immigration permits shall be filed by:
1) persons permanently staying outside Ukraine — to diplomatic missions and consular posts of Ukraine abroad at the places of their permanent residence;
2) persons staying in Ukraine on legal grounds — to a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation.
{Clause 2, part 1 of Article 9 as amended by Law No. 5459-VI of 16 October 2012}
An applicant shall personally file his/her application for immigration permit to a relevant government authority. Should there be valid reasons (disease of an applicant, natural disaster, etc.), the application may also be sent by mail or filed by another person under a notarised assignment of the applicant.
For minor persons and persons who have been recognised as incapacitated in accordance with the determined procedure, applications for immigration permits shall be filed by their legal representatives on behalf of such persons.
If only one of two parents is immigrating, accompanied by minor children, he/she must submit a notarised statement of another spouse that he/she does not object to immigration of children with their father (mother). In case of failure to grant such consent, the father/mother must submit a decision of a relevant government authority on stay of the children with their father (mother). The specified decision shall be legalised by a consular post of Ukraine unless otherwise provided for by an international treaty of Ukraine.
An application for immigration permit shall be accompanied by the following documents:
1) three photographs;
2) copy of the identity document;
3) document on a place of residence of the person;
4) information about family composition, copy of a marriage certificate (if the applicant is married);
5) document certifying that the person does not suffer from chronic alcoholism, substance abuse or infections the list of which is determined by a central executive authority shaping the state policy on healthcare.
{Clause 5, part 5 of Article 9 as amended by Law No. 5459-VI of 16 October 2012}
Requirements of clause 5 shall not apply to persons specified in clauses 1, 3, 6, part 3, Article 4 of this Law.
{Part 6 of Article 9 as amended by Law No. 693-IX of 16 June 2020 – concerning the enactment refer to clause 1 of section II}
In addition to the specified documents, the following documents shall be submitted:
1) for persons specified in clause 1, part 2, Article 4 of this Law — a document confirming support of their application by a central executive authority of Ukraine;
2) for persons specified in clause 2, part 2, Article 4 of this Law — copies of documents certifying that qualification level of a specialist or worker meets the requirements provided for by the list approved by a central executive authority shaping the state labour policy;
{Clause 2, part 7 of Article 9 as amended by Law No. 5459-VI of 16 October 2012}
3) for persons specified in clause 3, part 2, Article 4 of this Law — copy of the articles of association and/or registered investment agreements (contracts) and a certificate from a bank on receiving a foreign investment into the economy of Ukraine in hard currency of at least USD 100 (one hundred) thousand;
{Clause 3, part 7 of Article 9 as revised by Law No. 1390-VIII of 31 May 2016}
4) for persons specified in clause 4, part 2 and clause 1, part 3, Article 4 of this Law — copies of documents confirming their family relations with a citizen of Ukraine;
5) for persons specified in clause 5, part 2, Article 4 of this Law — document, confirming that the person used to be a citizen of Ukraine earlier;
6) for persons specified in clause 6, part 2, Article 4 of this Law — copies of documents confirming their family relations with an immigrant and document confirming that the immigrant has no objections to their immigration and guarantees them finance support not lower than the subsistence income officially set in Ukraine;
{Clause 7, part 7 of Article 9 has been deleted under Law No. 5453-VI of 16 October 2012}
8) for persons specified in clause 8, part 2, Article 4 of this Law — copy of a document confirming granting of the status of a person who suffered from human trafficking, as well as a document confirming the fact of permanent residence of the person on the territory of Ukraine on legal grounds for three years after being granted the status of a person who suffered from human trafficking;
{Part 7of Article 9 has been supplemented with a new clause under Law No. 3739-VI of 20 September 2011}
9) for persons specified in clause 9, part 2, Article 4 of this Law — document confirming the fact of undergoing military service in the Armed Forces of Ukraine;
{Part 7 of Article 9 has been supplemented with a new clause under Law No. 716-VIII of 6 October 2015}
10) for persons specified in clause 2, part 3, Article 4 of this Law — copies of documents on appointing them as custodians or guardians of citizens of Ukraine or documents on appointing a citizen of Ukraine as their custodian/guardians;
11) for persons specified in clause 3, part 3, Article 4 of this Law — documents confirming their right to acquire the nationality of Ukraine by territorial origin under Article 8 of the Law of Ukraine “On Nationality of Ukraine”;
{Clause 2, part 7 of Article 9 as revised by Law No. 5453-VI of 16 October 2012}
12) for persons specified in clause 4, part 3, Article 4 of this Law — submission of a central executive authority of Ukraine that immigration of a person meets the national interests of Ukraine;
13) for persons specified in clause 5, part 3, Article 4 of this Law — documents confirming obtaining of the status of a foreign Ukrainians, or copies of documents confirming their family relations with foreign Ukrainians;
{Part 7 of Article 9 has been supplemented with a new clause under Law No. 5453-VI of 16 October 2012}
14) for persons specified in clause 6, part 3, Article 4 of this Law — originals (to be returned after provision) and copies of a permanent residence permit and decision to grant the status of a stateless person.
{Part 7 of Article 9 has been supplemented with clause 14 under Law No. 693-IX of 16 June 2020– concerning the enactment refer to clause 1 of section II}
Persons permanently staying outside Ukraine, except for the persons listed in clauses 1, 3, 6, part 3, Article 4 of this Law, shall submit a certificate of no record of convictions along their application for immigration permit.
{Part 8 of Article 9 as amended by Law No. 693-IX of 16 June 2020 – concerning the enactment refer to clause 1 of section II}
If the legislation of Ukraine provides for payment of state duties or consular fees for actions on issuing immigration permits, an application for immigration permit shall be accompanied by a document that it has been paid.
If a person fails to submit all the documents determined by this Law, his/her application for immigration permit shall not be taken for accepted.
The period for considering an application for immigration permit shall not exceed one year after a date of filing it.
Article 10. Grounds for denying issuance of immigration permits
Immigration permits shall not be issued to:
1) persons who were sentenced to imprisonment for more than one year for acts recognised as crimes under the laws of Ukraine, unless their convictions were expunged and lifted in accordance with the procedure determined by the law;
2) persons who committed crimes against peace, war crimes or crimes against humanity or humankind, as such crimes are defined by the international law, or persons on a wanted list for having committed crimes, which are recognised as grave crimes under the laws of Ukraine, or persons served with charge papers of committing a criminal offence the pre-trial investigation of which has not been completed yet;
{Clause 2, part 1 of Article 10 as amended by Law No. 4652-VI of 13 April 2012}
3) persons suffering from chronic alcoholism, substance abuse or infections the list of which is determined by a central executive authority shaping the state policy on healthcare;
{Clause 3, part 1 of Article 10 as amended by Law No. 5459-VI of 16 October 2012}
4) persons who provided deliberately false information in their applications for immigration permits or submitted forged documents;
5) persons who are prohibited to enter Ukraine by the law;
6) in other cases provided for by the laws of Ukraine.
Provisions of clauses 1 and 3 shall not apply to persons specified in clauses 1, 3, part 3, Article 4 of this Law.
Article 11. Procedure of entering Ukraine by immigrants and issuing permanent residence permits
A person permanently staying outside Ukraine who has obtained the immigration permit shall be issued a long-stay visa by a diplomatic mission or consular post of Ukraine at his/her request. The specified person shall enter the territory of Ukraine in accordance with the procedure determined by the legislation of Ukraine.
{Part 1 of Article 11 as amended by Law No. 5453-VI of 16 October 2012}
After arrival of an immigrant in Ukraine, he/she must, within five business days, apply for a permanent residence permit to a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation. The application shall be accompanied by a copy of his/her passport (containing the long-stay visa) and a copy of decision to issue the immigration permit.
{Part 2 of Article 11 as amended by Laws No. 5453-VI of 16 October 2012, No. 5459-VI of 16 October 2012}
A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall issue a permanent residence permit to an immigrant within one week after the application is accepted.
{Part 3 of Article 11 as amended by Law No. 5459-VI of 16 October 2012}
A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall issue a permanent residence permit to a person staying in on legal grounds Ukraine who has obtained the immigration permit within one week after a date of filing a relevant application.
{Part 4 of Article 8 as amended by Law No. 5459-VI of 16 October 2012}
Section IV
CANCELLATION OF THE IMMIGRATION PERMIT. EXIT FROM UKRAINE AND DEPORTATION FROM UKRAINE
Article 12. Grounds for cancelling the immigration permit
An immigration permit may be cancelled if:
{Paragraph 1 of Article 12 as amended by Law No. 5459-VI of 16 October 2012}
1) it is found that an immigration permit was issued under deliberately false information, forged or invalid documents;
2) an immigrant was sentenced to imprisonment in Ukraine for more than one year and the court sentence entered into force;
3) actions of an immigrant endanger the national security of Ukraine and public order of Ukraine;
4) it is necessary for ensuring the healthcare, rights and legitimate interests of citizens of Ukraine;
5) an immigrant violated the legislation on legal status of foreigners and stateless persons;
6) in other cases provided for by the laws of Ukraine.
Article 13. Seizing a permanent residence permit, exit from Ukraine and deportation from Ukraine
A central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation shall send a copy of the decision to a person and seize his/her permanent residence permit no later than within one week after the date of making such a decision.
{Part 1 of Article 13 as revised by Law No. 5459-VI of 16 October 2012}
A person in whose respect a decision to cancel his/her immigration permit was made must exit from Ukraine within one month after the date of receiving a copy of such a decision.
If a person failed to exit from Ukraine within the specified period, he/she shall be deported in accordance with the procedure provided for by the legislation of Ukraine. In case of cancellation of the immigration permit of a person who had been recognised as a refugee in Ukraine prior to issuance of the immigration permit, he/she cannot be deported or forcibly returned to a country where his/her life or freedom would be threatened due to discrimination by race, religion, nationality (citizenship), being part of a particular social group or having a certain political opinion.
{Part 3of Article 13 as amended by Law No. 5453-VI of 16 October 2012}
If a person appealed against a decision to cancel his/her immigration permit to a court, decision on his/her deportation shall not be made until the judgment enters into force.
If immigration permit is cancelled and permanent residence permit is seized in connection with imprisonment under a court sentence, relevant persons must exit from Ukraine within one month after completion of his/her sentence.
If a person whose application for immigration permit was denied has lost all other legitimate grounds for staying in Ukraine in the course of considering his/her application, he/she shall be subject to requirements of parts 2–4 of this Article.
Article 14. Reapplication for immigration permit
A person may reapply for an immigration permit no earlier than one year after the date of making the previous decision to deny issuance of an immigration permit or cancel a permit.
Article 15. Appealing against decisions on immigration issues, actions or inaction of government authorities, officers and officials
Actions or inaction of officers and officials who violate the determined procedure and deadlines of considering the applications for immigration permits, decisions of a central executive authority enforcing the state policy on migration (immigration and emigration), including the counteraction to irregular (illegal) migration, nationality, registration of individuals, refugees and other categories of migrants determined by the legislation may be appealed against in court in accordance with the determined procedure.
{Article 15 as amended by Law No. 5459-VI of 16 October 2012}
Section V
FINAL PROVISIONS
1. This Law shall become enter into force one month after its publication.
2. Within two months after the enactment of this Law, the Cabinet of Ministers of Ukraine shall:
prepare and submit for consideration to the Verkhovna Rada of Ukraine proposals on bringing the legislative acts of Ukraine in line with this Law;
adopt regulatory acts necessary for enforcing this Law;
bring its regulatory acts in line with this Law;
ensure that central executive authorities of Ukraine bring their regulatory acts in line with this Law.
3. The President of Ukraine shall be advised to determine a central executive authority vested with the performance of functions of a specially authorised central executive body on immigration, and bring his acts in line with this Law.
4. The following persons shall be deemed having the permit to immigrate to Ukraine:
foreigners and stateless persons who entered Ukraine for permanent residence prior to the effective date of this Law, if their passports of citizens of the former USSR (standard of 1974) contain residence registration entries or if they have been already granted permits for permanent residence in Ukraine;
foreigners and stateless persons who were forced to leave their places of permanent residence of the Autonomous Republic of Abkhazia, Georgia, entered Ukraine, were granted temporary certificates in accordance with the determined procedure, stayed in Ukraine for at least five years, as well as their adult children who arrived in Ukraine with them before reaching adulthood and applied permits for permanent residence in Ukraine;
{Paragraph 3, clause 4 of section V as revised by Law No. 1182-VI of 19 March 2009}
foreigners and stateless persons who entered Ukraine before 6 March 1998 under the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the USSR on Sending and Receiving Citizens of Vietnam for Their Professional Training and Employment at Enterprises and Organisations of the USSR of 2 April 1981, continued to reside in Ukraine and applied for permits for permanent residence in Ukraine within six months after the effective date of this Law;
foreigners and stateless persons who entered Ukraine as orphan children due to military conflicts in places of their permanent residence and are or have been raised in state child care centres or family-type orphanages, or are or have been under custody/guardianship of citizens of Ukraine.
Persons specified in clause 4 of the Final Provisions shall be issued permanent residence permits based on their applications or applications of their legal representatives without issuing am immigration permit. They shall be subjects to Articles 12—15 of this Law.
President of Ukraine
L. KUCHMA
City of Kyiv
7 July 2001
No. 2491-III