In October 2023, a new edition of the Ukrainian Law on Immigration came into effect, introducing many important changes.
Let’s take a look at what has changed in the immigration law in Ukraine.
- The review period for immigration permit applications has been reduced from 1 year to 6 months.
……. - A new basis for obtaining an immigration permit has emerged – continuous residence in Ukraine based on a temporary residence permit for the last 5 years (except for students). Continuous residence refers to a person’s stay in Ukraine, where their single departure abroad for private reasons did not exceed 90 days, and the total within one year was not more than 180 days (not violating the requirement for continuous residence: leaving the country for official business trips, education, vacation, medical treatment upon recommendation of a relevant medical institution, or change of residence within Ukraine).
Therefore, if a foreigner:
- exchanged residence permits for the same basis for 5 years (with an allowed exception for changing the basis for family reunification with a Ukrainian citizen through marriage);
- had no breaks between permits;
- did not exceed the allowed days outside Ukraine,
they have the right to apply for an immigration permit in Ukraine.
- Procedures for granting immigration permits to family members of highly qualified foreign specialists and workers, whose presence is significantly beneficial to Ukraine’s economy, are simplified.
- The quota-based principle of granting immigration permits has been refined: quotas will be introduced not annually but only if the proportion of immigrants in the total population of Ukraine exceeds 10%.
- A new article has been added, defining conditions where marriage to a Ukrainian citizen or an immigrant entitled to permanent residence in Ukraine is not a basis for obtaining an immigration permit:
- one of the spouses received material compensation in exchange for agreeing to enter into marriage (if this is not mandatory for marriage outside Ukraine);
- the spouses do not live together and are not connected by common household arrangements;
- the spouses did not meet or communicate before entering into marriage;
- the spouses do not have a common language understood by both;
- one of the spouses was previously married to a Ukrainian citizen or immigrant, which was not recognized as a basis for granting an immigration permit;
- the spouses do not possess personal information about each other (date and place of birth, residence, education, employment, profession, religion, presence of close relatives, lifestyle, and preferences);
- the refusal of one person’s presence during the submission of their spouse’s application for an immigration permit;
- the refusal of each spouse to provide written consent for interviews and written tests.
- Now a foreigner who enters into marriage with an immigrant is entitled to apply for an immigration permit after 2 years of marriage (previously, this could be done immediately after marriage). This raises the question of how a foreigner can document their legal stay in Ukraine during the first two years of marriage, as the issuance of temporary residence permits for these categories is currently not provided.
- Increased administrative fees for applying to obtain an immigration permit – it now amounts to 0.5 times the subsistence minimum for able-bodied persons as of January 1 of the calendar year. In 2024, this amounts to 1,514 UAH.
If you are unsure whether you have grounds for obtaining an immigration permit in Ukraine or wish to receive qualified assistance in preparing documents and support during the application process, contact the Residence Law Firm. More details about the service can be found at this link.