Immigration permit in Ukraine

Obtaining an immigration permit is a key step for foreigners and stateless persons who wish to move to Ukraine for long-term residence and apply for a permanent residence permit. Applications for an immigration permit can be submitted either personally or through a legal representative, including the specialists of the Misechko & Partners. We will help avoid mistakes and obtain the necessary decision from the Migration Service.

Grounds for obtaining an immigration permit
There are two groups of individuals eligible for immigration: those who receive a permit within the immigration quota, and those who have the right outside the quota. The immigration quota is the maximum number of foreigners and stateless persons allowed to receive an immigration permit during a calendar year. The Cabinet of Ministers of Ukraine sets this quota annually based on defined categories.

The main legal act governing immigration permits is the Law of Ukraine No. 2491-III “On Immigration” dated 07.06.2001. Categories of individuals eligible for immigration (both within and outside the quota) are specified in Article 4 of this Law.

Categories eligible for immigration within the quota:

Persons of science and culture whose immigration is in the interest of Ukraine.
Highly qualified specialists and workers urgently needed in the Ukrainian economy.
Persons who have made a foreign investment in Ukraine’s economy of at least USD 100,000.
Siblings, grandparents, and grandchildren of Ukrainian citizens.
Persons who were formerly Ukrainian citizens.
Parents, spouses, and minor children of the immigrant.
Persons who have continuously resided in Ukraine for three years after receiving victim-of-human-trafficking status.
Persons who have served in the Armed Forces of Ukraine for three or more years.

Categories eligible for immigration qutside the quota:

One spouse, if the other is a Ukrainian citizen and they have been married for over two years; children and parents of Ukrainian citizens.
Guardians or custodians of Ukrainian citizens, or those under guardianship of Ukrainian citizens.
Persons entitled to acquire Ukrainian citizenship based on territorial origin.
Persons whose immigration is in Ukraine’s national interest.
Foreign Ukrainians*, their spouses and children entering and staying in Ukraine together.
Persons who have continuously resided in Ukraine with a temporary residence permit for the past five years (excluding students and some other categories).

*Note: A foreign Ukrainian is a person who is a citizen of another country or stateless, and has Ukrainian ethnic origin or originates from Ukraine.

General procedure for obtaining a permit
Step 1. Collecting documents
Prepare the general package of documents and additional ones confirming the grounds for immigration.

Step 2. Submitting application and documents
Applications are submitted in person or through a legal representative to the territorial office of the State Migration Service at the intended place of residence in Ukraine. If abroad, the application is submitted to diplomatic or consular missions of Ukraine.

Step 3. Waiting for a decision
The application review period must not exceed six months from the date of submission to SMS in Ukraine. If submitted abroad, up to one year.

Step 4. Receiving the decision
The decision will be either the issuance of an immigration permit to Ukraine or a refusal.

General list of documents
Applicants must submit the following documents*:

Application for an immigration permit.
Three photos sized 3.5 x 4.5 cm.
Passport (returned after presentation) and its copy.
Document confirming legal stay/residence in Ukraine (e.g., border crossing stamp, temporary residence permit, etc.).
Proof of residence (in Ukraine and abroad).
Family composition info, marriage certificate copy (if married).
Medical certificate stating the person is not affected by chronic alcoholism, drug addiction, or infectious diseases defined by the Ministry of Health.
Criminal record certificate from the competent authority of the country of permanent residence.
Receipt for state duty or consular fee payment (if required), or a document confirming exemption.
If submitted by a legal representative – notarized power of attorney.

*Note: All foreign-issued documents must be legalized (or apostilled) and translated into Ukrainian with a certified translation.

Important!
Foreigners legally residing in Ukraine who apply for an immigration permit must provide biometric data:
• From age 12: facial photo and fingerprint scanning.
• From age 14: also a digital signature.

Additional documents by category
Depending on the category, additional documents must be submitted to confirm the grounds for immigration.

For quota-based categories:

Science/culture figures: document confirming support from a central executive authority.
Highly qualified workers: documents proving qualification in line with Ministry of Economy list.
Investors: copy of company charter and/or registered investment contract and a bank certificate confirming investment of at least USD 100,000.
Relatives of Ukrainian citizens (sibling, grandparent, grandchild): documents confirming family ties.
Former Ukrainian citizens: certificate of citizenship termination.
Relatives of the immigrant (parents, spouse, minor children): documents confirming relationship and immigrant’s consent with financial guarantee.
Human trafficking victims: document confirming official status and continuous residence for three years.
Military personnel and veterans: service certificate in the Armed Forces, special transport service, or National Guard for three years, or irrespective of duration in case of injuries; medical documents for those unfit for service.

For non-quota categories:

Spouses of Ukrainian citizens (marriage over 2 years): marriage certificate; interview may be held to verify legitimacy.
Guardians or custodians: documents confirming their status as guardians/custodians.
Children and parents of Ukrainian citizens: documents confirming family ties.
Persons with the right to citizenship based on territorial origin: documents showing they or their relatives were born/lived in modern Ukraine before August 24, 1991.
Foreign Ukrainians and their families: documents confirming foreign Ukrainian status.
Residents in Ukraine for 5 years with a temporary residence permit: copy of the permit and proof of continuous stay.

Grounds for refusal and appeal procedure
Refusal grounds are listed in Article 10 of the Law “On Immigration.” Refusals may be issued to:
• Persons sentenced to imprisonment for over one year for a crime recognized in Ukraine, unless the conviction is expunged.
• Persons who committed crimes against peace, war crimes, or crimes against humanity.
• Persons with chronic alcoholism, drug addiction, or infectious diseases, etc.
• Persons who provided false information or forged documents.
• Persons banned from entering Ukraine.

The refusal can be appealed in two ways:

Administrative appeal – file a complaint with a higher SMS authority.
Judicial appeal – file a lawsuit with the district administrative court.

Appeals must generally be filed within two months from the date of decision (Article 15 of the Law).

What does the immigration permit grant?
It allows the foreigner to apply for a permanent residence permit, confirming their right to permanent residence in Ukraine.

Next steps:

After receiving the immigration permit, the foreigner must apply for a permanent residence permit at the local SMS office within one year.
Failure to do so within the deadline will void the immigration permit.
After obtaining the permanent residence permit, the foreigner gains rights and obligations equal to Ukrainian citizens (excluding voting rights, access to certain public positions, etc.).

When can you reapply after refusal?
According to Article 14 of the Law of Ukraine “On Immigration,” a person may reapply no earlier than one year after the refusal decision.

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