Permanent residence permit in Ukraine

Foreigners who wish to immigrate to Ukraine must obtain a permanent residence permit. The permanent residence permit is a document that confirms legal grounds for a foreigner’s stay in Ukraine. It entitles a person to stay in Ukraine for 10 years. Having obtained the permanent residence permit foreigner has all the rights and duties that Ukrainian citizens have, except the rights and duties only citizens of Ukraine are entitled to.

 

Legal grounds for obtaining a permanent residence permit in Ukraine

 

Permanent residence permit in Ukraine may be issued to a foreigner only based on an immigration permit.

Ukrainian legislation establishes an exhaustive list of grounds, which give the right to obtain an immigration permit (and a permanent residence permit, as a result), namely:

  • Being a citizen of Ukraine in the past;
  • Investing in the Ukrainian economy (a sum of $ 100 000 and more);
  • Family ties with the citizens of Ukraine (children, parents, siblings, grandparents, grandchildren), as well as, if the husband/wife of a foreigner is a Ukrainian citizen and such persons have been married more than 2 years;
  • If a foreigner is either a guardian/custodian of a Ukrainian citizen, or the foreigner is under the guardianship/custody of the Ukrainian citizen;
  • Family ties with Ukrainian immigrants (parents,  husband/wife, minor children);
  • If a person works in the field of science and culture, whose immigration is in the interests of Ukraine;
  • If a person is a highly qualified specialist or a worker, and Ukraine’s economy is in dire need of this specialization;
  • If a person’s immigration is the matter of national interest for Ukraine;
  • If a person has the right to acquire Ukrainian citizenship on the basis of territorial  origin;
  • The status of Foreign Ukrainian allows a person to immigrate  in Ukraine, as well as, spouses of Foreign Ukrainians and their children in case of joint entry and stay in Ukraine;
  • If a person continuously lived on the territory of Ukraine for 3 years after gaining the status of a person who suffered from human trafficking;
  • If a person has served in the Armed Forces of Ukraine for 3 years and longer.

Obtaining an immigration permit  and a permanent residence permit in Ukraine

 

Moreover, the Cabinet of Ministers of Ukraine annually establishes the immigration quota. In nutshell, quota is a limited number of people who have a right to get the immigration permit in a certain year on every ground for certain Ukrainian region. Thus, a foreigner who has been late on applying for an immigration permit and not hit the quota will have to wait for next year.

But the immigration quota does not apply to close relatives of Ukrainian citizens, Foreign Ukrainians, persons whose immigration meets the interests of Ukraine, and those, who want to obtain the citizenship of Ukraine under territorial origin. The most common way to obtain an immigration permit is family reunion after 2 years of marriage.

The procedure of obtaining an immigration permit and a permanent residence permit in Ukraine is time exhausting and complicated: the applications are being considered by the State Migration Service for one year. And only after that, a foreigner can obtain a permanent residence permit in Ukraine.

The list of documents required for the application depends on the ground for a permit and varies in each case. In all cases, a foreigner must submit a notarized passport translation and documents confirming a place of residence in Ukraine and abroad. 

The document that confirms a place of residence in Ukraine is the notarized consent of the apartment owner. There is no need to get such consent in case a foreigner has a temporary residence permit.  It is enough to submit a temporary residence permit in Ukraine.

Check our website to find details on preparing and applying documents for obtaining an immigration permit and a permanent residence permit in Ukraine depending on the ground for immigration. 

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A new law on virtual assets: the picture is formed, but without details. On September 8, 2021, the Verkhovna Rada has finally adopted the long-awaited law "On Virtual Assets", which clarified many ambiguous points. This is especially true for the status of cryptocurrency and the rules of its circulation in the country. Let`s take a closer look at novelties. An ambiguous term Let's start with what the legislator actually means by "virtual assets". There are the following features:  they are an intangible good (cannot be represented on tangible media)  fall under the list of objects of civil rights (that is, they can be owned and be disposed of)  represent an electronic form of a set of data (essentially, they are blocks of information put in order);  the existence and circulation of assets are due to software tools (specific electronic environment). From these features we can draw the following conclusion: virtual assets are not limited to cryptocurrency. Digital currency is part of the concept, but other instruments, such as tokens, NFTs, or even in-game items, fall under the definition. Actually, the actual existence of most digital products, having a certain value, is due to the software environment (ecosystem), either it is blockchain technology, a trading platform, or an online game server. It should be noted that the attempt to define virtual assets was already made in the adopted Law of Ukraine in counteracting money laundering. In this act, they understand it as digital means of payment, which goes against the new definition. As a result, there are now two different explanations for virtual assets, which causes significant confusion not only in regulation but also in interpretation. It is definitely necessary to expect clarifications from competent state bodies. Let's return to the new law. Its application covers legal relations in which the "Ukrainian element" is present:  provider or recipient of services represented in Ukraine;  an agreement according to which the turnover of virtual assets is carried out in accordance with Ukrainian legislation;  the acquirer of assets (or both counterparties) is a resident(s) of Ukraine. The law also introduces an interesting division of all virtual assets into two groups: secured and unsecured. Here again, there is a problem of interpretation. The first category includes products exchanged for (state) currency, the second category includes instruments that can be exchanged only for other digital assets. There is an alternative opinion: that the turnover of secured assets is supported by real goods (money or other property), while unsecured ones are not supported by anything. The latter interpretation is the most credible, as the new law stipulates that virtual assets are NOT means of payment. Moreover, they cannot be exchanged for real goods, be they property, services or money. This significantly narrows the potential for the use of virtual assets not only for commercial but also for civilian purposes. About obligatory licensing The new law states that in some cases, the use of virtual assets will require licensing. The 4 types of activity are mentioned:  storage and management of virtual assets (or its` keys)  servicing of exchange operations with virtual assets (both for other analogues and for real goods);  translation of digital assets;  any intermediary services. A list is quite impressive, but there are some important exclusions:  if your service works with cryptocurrency wallet (it means users can dispose of accumulations into cryptocurrency independently);  If your service works on smart contracts or decentralized protocol, based on which internal transfers are performed. As to intermediary services, everything is more compicated. Actually, any mediation is based on the public share offering. That is why it is subject to licensing. How to get a license? A company that wishes on legal grounds to engage in virtual assets must satisfy legislative requirements. The key role is played by the minimum amount of the statutory capital, which equals 1,19 million hryvnyas (for non-residents it is 5,95 million hryvnyas) in case of storage and administration. For other types of activity (trading, translation and mediation services) the minimum size of the statutory capital amounts to 595 thousand hryvnyas (for non-residents is 2,98 million hryvnyas). The order of the registration of license:  to compose an application and prepare documents.  to pay state fee (68-136 thousand hryvnyas for residents and 340-680 thousand hryvnyas is for non-residents).  to pend review of the request (30 days).  to get a license. The duration of the license is 1 year. 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Together with an application, the following documents must be prepared: The access code to the copy of the Statute of the company (or the foundation agreement) kept in an electronic file in the database of the Unified State Register of Enterprises and Organizations (USREO);  Funding sources of the statutory capital (where the money are taken from);  confirmation of the actual injection of money;  information about beneficiaries (special attention must be paid to business reputation);  the information about the director and founders;  the check about payment of state fee;  the internal regulations, in accordance with which ones, the privacy policy rules are regulated. In the terms of volume of necessary documentation of licensing is very alike with complete registration of legal entity. It is understood that the state wants the severe adjusting of activity of organizations that will engage in virtual assets. Is it already possible to get a license? The adoption of the law by the parliament is a significant step forward in adjusting and legal market of virtual assets creation in Ukraine. However, the new rules haven`t come into effect yet - their term of introduction depends on making amendments in the Internal Revenue Code. It is yet unknown, when a legislator will decide to enter the renewed system of taxation for such assets. Being "IT-hub" and territory, where cryptocurrency enjoys large popularity, the question of taxes must be decided maximally safely. Despite the presence of obvious gaps in interpretation, a new law on virtual assets gives the official narrative of what takes place and that, how the legal relationships related to cryptocurrency will be regulated. It is to be hoped that in the nearest time the Ministry of digital information will give out the detailed explanations concerning debatable norms.
20/01/2022

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