Immigration to Ukraine by investing USD 10 th.

Anyone interested in a possibility of permanent residence in Ukraine heard about the option of “purchasing” this right but the insight does not go further. Taking into account the frequency foreigners ask about this option and its requirements it became clear that this procedure should be explained in details.

First of all, lets get a clear understanding of the terms. According to the Law of Ukraine On Immigration, the immigrant is a foreigner or stateless person who has obtained the immigration permit and has arrived into Ukraine for permanent residence, or this is a person who has obtained the immigration permit being in Ukraine on legitimate grounds and has perpetually stayed in Ukraine. So we see that a person has to obtain the immigration permit in Ukraine in order to be an immigrant.

The immigration permit is granted either within the immigration quota or over this quota. The immigration quota is a maximum number of foreigners and stateless persons to be granted the immigration permit in a certain year. According to the Law of Ukraine On Immigration, the immigration permit is granted within quotes (additionally to other groups of persons like scientists, art workers, etc.) to persons who invested in Ukraine not less than USD 100 thousand in a foreign convertible currency and duly registered this investment.

So we have just ascertained now that the current Ukrainian legislation provides for a possibility to obtain the right of permanent residency in Ukraine for foreigners and stateless persons who have invested in Ukraine not less than USD 100 thousand. However it should be kept in mind that a mere transfer of the money into Ukraine does not grant the Ukrainian permanent residency. This investment has to be duly registered and only after that an applicant can apply for the immigration permit.

It should be noted that according to the Law of Ukraine On Immigration, the immigration permit is not granted to:

·         persons convicted to imprisonment for a period longer than 1 year for actions that are recognized as crimes according to Ukrainian law or if a previous conviction is still valid;

·         persons who committed peace crimes, military crimes or humanity and peoples crimes, as they are determined by international law, or to persons who are wanted for serious crimes under Ukrainian laws, or who are under prosecution or investigation;

·         chronic alcoholics, inhalants addicts, drug addicts or those who have infectious diseases the list of which is determined by a central body of the executive authority responsible for health protection matters;

·         persons who deliberately stipulated false information in their immigration applications or submitted forged documents;

·         persons who are prohibited from entering into Ukraine by law;

·         other persons according to the legislation of Ukraine.

As you can see the list above is not exhaustive but it gives general understanding of other possible cases. For instance, if there is information that a person is a member of some terrorist organization, then this person could hardly obtain the immigration permit. Now lets proceed further with the immigration process in Ukraine.

The next crucial requirement is a duly registration of the investment made. This subject matter is quite intricate and thus it is better to study it separately. Further we will proceed assuming that an immigration permit applicant has already registered his/her investment and is ready to apply for the immigration permit.

As was have already explained above, the Ukrainian immigration permit, in our case, could be granted only within the immigration quota. The immigration quotas are determined by the Cabinet of Ministers of Ukraine for every administrative regional unit of the country annually, yet not later than March 1. In 2012 there are the following quotas for investors:

·         Zhytomyrska oblast – 2 persons;

·         Zakarpatska oblast – 5 persons;

·         Khersonska oblast – 2 persons;

·         Chernivetska oblast – 1 person;

·         Zaporizska, Ivano-Frankivska, Khmelnytska, Chernigivska oblasts, the Autonomous Republic of Crimea and Kyiv city – no limits;

·         for the other oblasts and Simferopol city – no quota for 2012 year.

But if there is some quota available, then the immigration permit application shall be submitted to:

(i) regional departments of the State Migration Service by persons temporary residing in Ukraine;

(ii) diplomatic institutions in a place of residence by persons who reside outside of Ukraine.

The applicant shall submit (together with the application) a copy of the document certifying the registration of the investment and also:

·         a copy of an identification document certifying the applicant’s citizenship or stateless status;

·         three 3.5 x 4.5 centimeters photos;

·         a document certifying the place of residence (in Ukraine and abroad);

·         documents proving information about the family members (birth certificates, marriage certificates, adoption, wardship and guardianship certificates, etc.);

·         a document issued by a medical institution certifying absence of diseases determined by the relevant state body. Persons permanently residing outside of Ukraine shall submit such a document that is issued by a medical institution of the state of their residence and is duly legalized, if otherwise is not determined by a relevant international treaty of Ukraine;

·         a statement, issued by a competent body of the state the applicant previously lived in or by its diplomatic office or consulate in Ukraine, certifying absence of conviction records (except for persons set forth in clauses 1 and 3 part 3 article 4 of the Law of Ukraine On Immigration). In exceptional cases such information may be obtained by the State Migration Service or its territorial bodies and units by officially requesting relevant bodies of the foreign state;

·         a receipt certifying the payment of the state duty or consular fee, if necessary, or a document that exempts from such payments.

If necessary, the relevant state bodies can ask for other documents that specify grounds for granting the immigration permit and they can also invite an applicant or other persons for an interview.

All documents issued by foreign countries have to be legalized, if otherwise is not determined by a relevant international treaty of Ukraine.

Copies of these documents, a written confirmation of immigration and guarantees made by the host persons, determined by clause 6 part 7 article 9 of the Law of Ukraine On Immigration, have to be notarized. The documents proving information that may be changed can be submitted within 6 months as of the date of their issuance.

Those who are granted with the immigration permit should, within its validity term, contact:

·         the foreign diplomatic institutions of Ukraine and apply for the immigration visa, if these persons reside outside of Ukraine, and within 5 working days submit the application to issue the permanent residency certificate to the regional department;

·         the regional department with the application to issue the permanent residency certificate, if these persons reside in Ukraine.

It is important that the applicant should personally contact the regional department at least once, i.e. applying for the immigration permit or for the permanent residency certificate.

The immigration permit is the ground for issuance of the immigration visa. The immigration visa is the ground for issuance of the permanent residency certificate.