Blog

The legal company EXPATPRO presents its activities on the Internet only at the official website https://expatpro.co/, as well as social networks:
https://www.facebook.com/expatpro.co
https://www.linkedin.com/company/expatpro.co/

Recently, we received reports of interaction with a fraudulent organization that copied our company’s website. Ukrainian police rejected our claims about the fact of fraud, as the representatives of our team are not direct victims of scammers and there are no proven losses.
We also filed a DMCA complaint, but the scammers restored the fake website in a while.
Last week, we knew that scammers imitating us created the NATO-Ukraine Relief Commission website. The Ministry of Internal Affairs of Ukraine has no information about any such program (here is a link to the official website https://mvs.gov.ua/uk). There is no NURC registration data (legal entity number, bank account) in the registers, etc., from which we conclude that such an organization does not exist.
We add screenshots of scammers’ resources not placing their links to avoid increasing the reputation of these fake sites. Please check out the screenshots below!

Our team has previously complained about blocking these sites, also our experts are solving the issue in the online field. We will continue to do so in the future if individuals or organizations use our name.

But we also ask you to be aware! Our project’s official website and social networks are indicated in this text. We do not have any other resources. Differences in even one letter can lead you into the hands of fraudsters. If you have any questions or concerns, please email us at welcome@expatpro.co. If you are asked to provide any data or make a financial transaction under the name of a representative of our company, please make sure that you are dealing with us!
In case there was any damage caused to you or your company we can help with filing the claim to the National police of Ukraine as Attorneys.

Be aware of scam resources:
expetpro
NATO-Ukraine Relief Commission

We also share with you a link to the Cyber Police of Ukraine: https://ticket.cyberpolice.gov.ua/

In 2022, the Diia City special tax regime was launched. The idea behind this tax regime is to create special conditions for IT businesses (product companies, in particular) that will concentrate their assets in Ukraine.

What does this special tax regime imply?

Foremost, it replaces income tax with a tax on distributed profits. The difference between these two is the taxation base.

The Tax Code of Ukraine provides that transactions of a Diia City resident (hereinafter the Resident), which meet the criteria of a capital flow of such a company and which are not directly related to its business activity, are subject to tax. Such a mechanism is new and the criteria for classifying transactions as such, which are considered operations on distributed profits, have not yet been elaborated and improved, therefore certain changes are possible shortly.

Among such operations:

1. dividend payout paid by a resident in cash or a nonmonetary form.

Exception: distribution of dividends in the form of interests (equities, shares), if such distribution does not change the interest allocation of the participants in the authorized capital, and the increase in the authorized capital by the value of the distribution is taking place.

2. payout(repayment) of funds or property by a resident to a holder of equity rights, provided that their value exceeds an initial contribution (an investment).
3. refund (resumption of an estate) held in trust by a resident or in a joint venture(if the amount paid back exceeds the amount that has been initially transferred).
4. debt obligations performance(payment of interests, commissions, fees, penalties), in favor of non-residents of Diia City.

Exception: Performance of debt obligations in favor of resident and non-resident banks (if funds have not been provided through a permanent establishment);

5. performance of debt obligations (payment of interests, commissions, remunerations, penalties) in favor of:

– a related non-resident person;

– a non-resident, if the amount of debt obligations exceeds the payer’s equity capital by 3.5 times or more;

– persons who are tax residents of an offshore jurisdiction.

6. transfer of a property (including works, services) to a non-resident of DiiaCity on special terms and conditions, without claiming to compensate their value (including a transfer for free).

Exceptions: 

– transfer of a property to non-profit organizations;

– distribution of such a property (works, services) during advertising/marketing and if the value of such a property (works, services) does not exceed 2 subsistence minimums for an able-bodied person as of 1 January of the accounting year;

– the value of such a property (works, services) is subject to personal income tax or it is not included in the calculation of the total monthly (annual) income (according to Article 165 of the Tax Code of Ukraine) or it is not subject to tax according to par. 170.7 of Article 170 of the Tax Code of Ukraine;

– additional benefits are transferred under special conditions in favor of the resident’s specialists, provided that they are not subject to personal income tax due to the absence of personalized accounting.

It is important to know that an identified lack of property under certain conditions may also be considered free transmission by a resident;

7. granting financial aid, inter alia:

– to a person, who is not a resident of Diia City and provided that it is granted on the special conditions, non-refundable;

– to a related person, who is not a resident of Diia City, irrespective of the conditions of repayment;

– to a non-related person, who is not a resident of Diia City, if the amount has not been returned within 12 months from the month following the calendar month, when such financial aid was provided or deemed uncollectible, terminated due to a debt release;

Exceptions:

– provision of financial aid to non-profit organizations;

– provision of financial aid according to a collective agreement or a decision of a management body of a resident to its specialist, who is not at the same time a person related to the resident;

– the amount of financial aid or debt for goods (works, services) is subject to personal income tax, or it is not included in the calculation of total monthly (annual) income (Article 165), and/or it is not subject to tax according to paragraph 170.7 of Article 170 of the Tax Code of Ukraine;

– the amount of uncollectable debts a) is recovered by a borrower after their forgiveness; б) is not recovered after expiration of a limitation period; в) is the principal amount of a loan or a deposit given to a taxpayer without stipulation of terms for the return of such a principal amount;

– contributions to foreign (international) organizations and institutions in the amount that is not exceeding 300 subsistence minimums for an able-bodied person established as of January 1 of the year in question (1 organization);

8. provision of financial aid and/or a free transmission of a property (works, services) to non-profit organizations in the amount exceeding 0.5% of the resident’s net operating income as reported in the financial statements for the previous tax year;
9. provision of a non-repayable financial aid and/ora free transmission of a property (works, services) to non-profit organizations, which are national higher educational institutions in the amount exceeding 1% of the amount of the resident’s net operating income as reported in the financial statements for the previous tax year;
10. provision of funds, property (including non-current assets) to a non-resident (except for the events of transactions with a permanent establishment of a non-resident in Ukraine) related to:

– settlement of obligations (if: a) respective borrowed funds have not been credited to the accounts with the Ukrainian banks; б) have not been used as the payment for the property, which 1) is located on the territory of Ukraine or 2) has been imported to the customs territory of Ukraine;

– settlement of obligations (on recognized fines, penalties, forfeitures, damage compensation, loss of profit) in favor of the non-resident related persons and/or the non-residents considered as offshores;

– investments in the projects, if they are located outside Ukraine, except for: 1) payment of membership (entrance fee) and/or target contributions to foreign (international) organizations and institutions in amount not exceeding 300 subsistence minimums for an able-bodied person established by the law as of January 1 of the tax (reporting) year per an organization; 2) acquisition of a property abroad, if it is imported to the customs territory of Ukraine prior to the payment made or within 365 days from the date of funds transfer; 3) acquisition of property abroad with a view to its further sale without importing it to the customs territory of Ukraine provided that the funds are received in accounts opened with the Ukrainian banks within 365 days from the date of the property payment transfer; 4) acquisition of property located in Ukraine, and it will be received by a resident prior to the payment or within 365 days from the date of the funds transfer; 5) investment in intangible assets;

11. purchase of works/services, except:

– receipt of works/services before or within 365 days from the moment of payment;

– acquisition of works/services with a view to their further sale abroad provided that the proceeds from the sale of such a property are credited to the accounts opened with Ukrainian banks within 365 days from the date of payment for their acquisition;

– acquisition of electronic services, which are subject to payment in the form of a fixed payment on a prepayment (subscription) basis;

12. provision of property/works/servicesto a non-resident of the Diia City under a contract that provides for the payment of compensation of the value of such property/works/services.

Exception: sale (provision) of the property after receipt of the payment or if funds from such a sale (provision) are credited to the resident’s accounts, that are open with Ukrainian banks within 365 days from the date of: 1) customs clearance of the property export; 2) transfer of risks connected with ownership of the property (without import/export of the property); 3) written certificate, invoice, other instrument confirming the provision of services, works, property/non-property rights; 4) receipt of a report on the revenues/volume and value of the property (works, services) sold (in the event the sale has been made through representatives by providing access via an electronic interface, providing technical, organizational, information and other opportunities using information technologies and systems to establish contacts and conclude agreements (taken the receipts (invoices) do not list the property (works, services) and their factual supplier).

13. transfer of funds (provision of the property) by a Diia City resident for and on behalf of a non-resident in favor of such a non-resident (a person authorized by him) within the commission agreement, agent’s commission, etc., excluding: 1) an amount of funds / value of a property provided under the contract and returned to such a non-resident or the person authorized; 2) value of property (works, services), which has been purchased under the commission (power of attorney) and at the expense of such a non-resident for the funds received for the purpose of such a purchase (but on condition that the Diia City resident does not meet the conditions of a permanent establishment of the non-resident); 3) revenues from sale of property (except for equity rights and securities), works, services provided by the non-resident for sale (while provided that the Diia City resident does not meet the attributes of a permanent establishment of the non-resident); 4) the amounts paid by a non-resident on the purchase of securities or equity rights in Ukraine and returned to the non-resident as a result of their sale;
14. Royalties paid to a person who is not a resident of Diia City in the amount that exceeds: the amount of royalty income and + 4% of net revenue from the sale of property/work/services and net of royalty income for the previous year.

Exception: 1) the resident does not have financial statements for the previous year (in this case current year data are used for the calculation; 2) these rules do not apply to royalty amounts accrued to an individual, provided the personal income tax has been withheld (paid) from such an amount;

15. Royalties paid in favor of:

– non-residents registered in offshore zones;

– non-residents in respect of objects with the intellectual property rights that first arose for a resident of Ukraine;

– a non-resident who is not subject to taxation in respect of the royalties in his country of residency;

– a non-resident who is not a beneficial (actual) recipient of royalties, except for cases when the actual recipient has granted the right to receive royalties to other persons;

– joint investment institutions (unless the respective operations are carried out by a non-resident through a permanent establishment).

16. transfer of funds (property) as a founder’s/participant’s contribution to the charter capital to a legal entity, which is a non-resident of Diia City; as a contribution to a joint venture to a non-resident of Diia City, to a non-taxpayer or to a trust management of a person, who is not a resident of Diia City.
17. transfer of funds, property in regard to the acquisition of goods from a single taxpayer, during the tax year in an amount exceeding 20% of the amount of expenses from any activity as shown in the statement of comprehensive income for the previous tax period.

Tax rate

The basic rate is 9% of the taxation base.

However, if a resident of Diia City carries out a controlled transaction, the rate of 18% shall be applied to:

– the excess of the price determined on an Arm’s Length Principle over the negotiated value of the goods/works/services sold;

– the excess of the negotiated price over the price determined by the Arm’s Length Principle of the goods/works/services sold.

If a resident is a controlling person, the adjusted profit of the controlled foreign company is a separate object of taxation following Article 39-2 of the Tax Code of Ukraine.

Special rates of the Unified Social Tax, a Personal Income Tax, and a Military Tax

In addition to the special tax rating of Diia City residents’ capital, the special tax rates for the income of Diia City specialists are provided.

Thus, the rate of the personal income tax is 5%, and the unified social tax is charged not on the amount of remuneration of a specialist but based on the minimum wage (22%), the same as in the case of individual entrepreneurs-freelancers.

However, unlike the case with an individual entrepreneur, the Diia City resident shall also collect a military levy of 1.5% from the amount of the specialist’s remuneration.

Diia City tax regime is still new and unfamiliar; it will take time to get used to a different approach to determining the taxation base and the logic of tax charges. Accurate accounting shall be additionally encouraged by the duty of residents to undergo the audits. The first results will be announced in 2023.

• Registration of a public formation
• Activities of representative offices of foreign non-governmental organizations
• Legalization of foreign citizens – volunteers in Ukraine

Foreign citizens have always actively helped Ukraine in various spheres and were widely involved in the Ukrainian volunteer movement, which has now become especially important due to the full-scale armed aggression of the Russian Federation against Ukraine. That is why it is important to consider the issue of organization of the activities of foreign volunteers in Ukraine and their legal integration into the Ukrainian volunteer movement.

Foreigners citizens can volunteer through non-profit organizations registered as legal entities  in Ukraine and included to the list on the website of National social service of Ukraine.

Therefore, the organization must meet the following criteria:

– Registered as a legal entity in Ukraine;

– Listed in the register of non-profit organizations;

– Included in the list of the National social service of Ukraine (here – NSSU).

Registration of a public formation in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations

The most common types of public formations that can be used for volunteering are non-governmental and charitable organizations. An NGO may act in the form of an organization or a union.

The formation of an NGO is carried out at the constituent meeting of its founders and is documented with the minutes of association. Within 60 days from the date of the meeting, the NGO must be registered according to the respective law. The minutes of association and charter do not require notarization.

For registration, you need to submit to the state registrar at the location of the public formation:

– Application;

– Minutes of association;

– Charter.

After the state registration of a legal entity, the registration application and copies of the constituent documents, certified by the signature of the head or representative of such organization, must be submitted to the State Tax Service for assignment of the non-profit status.

The application for registration of a legal entity as a non-profit may be submitted simultaneously to the state registrar as an annex to the application for state registration of the establishment of a legal entity.

The non-profit status

To define organization as non-profit, certain criteria must be met, namely:

• the constituent documents of such an organization must contain a prohibition on the distribution of income (profits) or part thereof among the founders (participants), members of such an organization, employees (except for remuneration of their labor, accrual of a single social contribution), members of governing bodies and other related persons;
• the constituent documents of the organization provide for the transfer of assets to one or more non-profit organizations of the corresponding type or inclusion in the budget revenue in case of termination of such a legal entity (as a result of its liquidation, merger, division, accession or transformation).

Adding into the list of the NSSU

Foreigners can carry out volunteer activities through those organizations and institutions that involve volunteers in their activities, information about which is available on the official website of the central executive body that implements the state policy in the field of volunteering. Such body in Ukraine is the NSSU.

Organizations that have the right to involve volunteers in their activities and information about which is published on the official website of the NSSU, have the right to invite foreigners and stateless persons to carry out volunteer activities in Ukraine. Such an invitation is necessary for a foreign citizen to obtain a long-term visa type D and consequently obtain a temporary residence permit.

Organizations and institutions that involve foreigners and stateless persons in volunteer activities have special responsibilities in the field of migration, namely:

• within 5 business days from the start of the volunteering activities of the specific foreigner, inform the NSSU in writing.
• within 5 business days from the date of the termination of such activities, inform the State Migration Service of Ukraine.

Activities of branches/representative offices of foreign non-governmental organizations

Volunteer activities can also be carried out through the branches, departments, representative offices and other structural units of foreign non-governmental organizations. State registration in Ukraine of a separate subdivision of a foreign non-governmental organization, representative office, branches of a foreign charitable organization is carried out through its accreditation without acquiring the status of a legal entity.

The documents specified by law are submitted for registration to the Ministry of justice of Ukraine. Documents issued by the foreign state must be legalized (consular legalization or apostille) and translated into Ukrainian with notarization.

Legalization of foreign citizens – volunteers in Ukraine

Foreigners and stateless persons who are legally residing in Ukraine and have legal capacity are allowed to become volunteers.

The law provides for the right of volunteers to proper conditions for volunteering, provision of special protective equipment, reimbursement of expenses related the implementation of volunteer activities, including the costs of obtaining a visa, travel, postal and telephone services, medical examination, vaccination and other medical and preventive measures directly related to the provision of volunteer assistance.

Foreign citizens who carry out volunteer activities can stay in Ukraine legally within the established terms of stay for states with visa-free entry regime/within the period specified by visa for states with visa entry, and under a temporary residence permit.

In order to obtain a temporary residence permit, a foreigner must obtain a long-term visa type D (D-10), which indicates the grounds for future stay – volunteering in Ukraine.

N.B. There is only a limited list of countries whose citizens do not need a D-visa to obtain the temporary residence permit in Ukraine.

The purpose of stay in Ukraine for the visa D-10 obtaining is:

• participation in international and regional volunteer programs or
• participation in the activities of volunteer organizations.

The participation of a volunteer organization in the process of legalization of a foreigner on the territory of Ukraine is required both at the stage of forming a package of documents for the visa obtaining, and at the stage of submitting documents for obtaining a temporary residence permit.

A temporary residence permit is issued for one year and could be extended if there are grounds for that.

Among the necessary documents for obtaining a temporary residence permit are the following standard documents:

• passport document with the visa type D-10;
• translation of the passport document, certified by a notary;
• health insurance policy for the entire period of stay in Ukraine;
• receipt of payment of the administrative fee;

and

• statement of the state body responsible for the implementation of the volunteer program or statement of the organization or institution that involves volunteers in its activities;
• original of the Extract from the Register of Legal Entities, Individual Entrepreneurs and Public Organizations

In case a volunteer carries out his/her activities in Ukraine by participating in the activities of branches, departments, representative offices or other structural units of foreign non-governmental organizations he must obtain a visa type D-07, and for the temporary residence permit application he must bring a set of standard documents, as well as a statement of the relevant structural unit of the foreign organization and a document on the registration of such a unit, for example, a certificate or extract from the State Register of Legal Entities, Individual Entrepreneurs and Public Organizations.

According to the law, entry to Ukraine, stay in Ukraine and transit through the territory of Ukraine of foreigners and stateless persons is subject to sufficient financial security. Therefore, in the application, the host party (an organization that involves volunteers in its activities, a structural unit of a foreign non-governmental organization) indicates its obligation to cover all expenses of the foreigner on the territory of Ukraine and provide financial support to the foreigner for his all the period of his stay in Ukraine.

Therefore, in order to carry out volunteer activities as a foreigner on the territory of Ukraine, it is necessary to find or register a volunteer public formation.

If you need to find or register a volunteer organization, contact us!

On October 21, 2022, the Cabinet of Ministers of Ukraine adopted the Resolution “Some Issues of Implementation of Legislative Acts in the Field of Migration in time of Martial Law”. The Resolution provides an opportunity for foreigners to legally stay and enter the territory of Ukraine having temporary or permanent residence permits, which have expired or needed to have been exchanged during the martial law period.

The right to legally stay in Ukraine and enter it under the expired documents or the documents which have had to be exchanged after February 24, 2022 retains for the period of martial law and within 30 calendar days from the date of its termination or cancellation.

This rule does not apply exclusively to citizens of the Russian Federation.

The Government has established an obligation for foreigners subject to the Resolution, within 30 calendar days from the date of termination or cancellation of martial law, to submit documents for the exchange of temporary or permanent residence permits, which expired or were subject to exchange after February 24, 2022.

In our opinion, it also provides the opportunity to exchange the expired temporary or permanent residence permit during the war.

A similar rule was in effect for some time during the first months of the quarantine, but then it was canceled without a transition period for legalization, and everyone, who had an expired residence permit, ended up in the status of an illegal migrant. Therefore, according to our practice, we still advise you to exchange residence permits in time.

The Ministry of Finance of Ukraine has finally adopted the forms for the ownership structure. This means that starting from July 11, 2021, the documents on the UBO (Ultimate Beneficial Owner) and legal ownership structure will have to be submitted when registering a new business entity.

Starting from July 11, 2021, a 3-month period (basically for directors/managers of existing legal entities registered prior to April 28, 2020) for submitting the first ownership structure reports starts.

What Documents Are Required?

For individuals –founders (who are the UBO): certified copies of passports are required (where such persons are not citizens of Ukraine, the respective personal document with a translation is required).

For legal entities – founders: a certified extract from the business registry shall be submitted.
In the case of a chain of owners, official documents confirming the structure and the grounds for exercising control (influence) are also required.

Direct and Indirect Control

When a legal entity is established directly by an individual, and the individual owns 25% or more shares, there occurs direct control over the legal entity. In this case, it is easy to track the connection.

When it comes to the cases where the UBO is identified through a number of other legal entities, it is necessary to provide the documents that can prove that such UBO has de jure and de facto control over each legal entity in the chain.

First Steps

Within the period from July 11 – October 11, 2021, all legal entities are required to submit the documents to confirm/update their current ownership structure.

Directors/managers of legal entities will also need to provide the respective official documents. For individuals in the ownership structure: a copy of their passport, certified by a notary is required. For foreign nationals, a translation shall be provided as well.

For legal entities: extracts from business registries, other official documents proving ownership are required (documents issued abroad should be apostilled or legalized by a consulate, depending on international requirements).

When to Update?

Starting from January 01, 2022, heads of legal entities will be obliged to keep the information about the UBO and the ownership structure updated. The obligation consists of 2 parts:

1) annual reporting (within 14 days of the registration date) AND

2) in case of any changes to the structures or information about the UBO, the head of the legal entity will have 30 business days to update the information in the State Register of Legal Entities of Ukraine.

Liability

The Code of Ukraine on administrative offences provides for a fine (UAH 17,000 – 21,000) in case of failure to submit or untimely filing the information about the UBO/ownership structure. This fine is imposed on the heads of legal entities in Ukraine.

Obtaining A Tax ID in Ukraine

UBO & legal ownership structure

Digital Transformation of Residence Registration

Legislator to Strengthen the Liability for Traffic Violators

How to Draw Up An Invitation for a Visa?

2021 Migration Quotas

If you still have questions about applying for a Ukrainian visa, please contact: kz@expatpro.co

See also:

Obtaining A Tax ID in Ukraine

Apartment purchase in the primary market

In the previous article, we have considered in detail how to purchase an apartment in the secondary market. You could easily check it here.

In this article, we will focus on purchasing an apartment in a new building.

The stages of apartment purchase are as follows:

♦  Verification of all the available information and documents on the apartment or ‘due diligence’.

♦  Choosing the way of investment and signing the agreement.

♦  Registration of the ownership rights.

Stage 1: Due Diligence

Prior to signing an apartment sale and purchase agreement, it is advisable to carry out the due diligence procedure of this apartment. There is no obligation to do so, but we always analyze any potential risks relating to the deal in order to be sure whether it is reliable for our clients to contribute funds in purchasing such an apartment.

If you want to be sure that the potential investment object is trustworthy and your money is not to be wasted, the due diligence procedure is a must.

What exactly should be checked? 

1) information on real estate developer (general contractor)

The history of the works, reputation, other projects, the real estate developer members, whether it has any debts to the state or other persons, including tax debts, whether there are no arrests and other encumbrances, whether it is not bankrupt or engaged in other court proceedings.

For this purpose, it is necessary to monitor the State Register of Legal Entities, the Register of Enforcement Proceedings, Unified Register of Debtors, the registers of the State Fiscal Service of Ukraine, Unified State Register of Court Decisions, other registers and databases.

It is also important to check the Unified State Register of Court Decisions on the information concerning the object of construction and the land plot, whether the buyers have sued the developer for breach of the obligations.

2) the legal regime of the land plot, on which the house is built or under construction

It should be borne in mind that the land plot on which construction takes place should be allocated for the specified purposes (see the Public Cadastral Map of Ukraine) – the construction and maintenance of a multi-apartment residential building, and the appropriate purposes should be indicated in the town planning documentation. Otherwise, a permit for the construction of such a house may be appealed to the court, leading to years of litigation and construction may not be completed.

You should verify whether the land plot is in the ownership or temporary used, who the owner or leaseholder is (check the respective lease agreement, certificate of land ownership, superficies agreement, etc.) If the land plot is not in the ownership, the lease term should not be less than the approximate term of the house completion and occupancy permit. The developer or constructor shall be indicated as the owner or tenant.

The relevant documentation regarding the specifics of the land plot itself (documents for changing the intended use of the land plot (if any available), technical documentation for setting the boundaries of the land plot, its division and/or consolidation, etc.) should also be checked.

3) permission documentation

You should verify whether the developer has any urban conditions and restrictions (for buildings located in Kyiv, such is checked with the Urban Cadastre of Kyiv). It is a crucial point since the city conditions and restrictions specify the number of floors in the building, the distance from the building to other elements, etc.)

There occurred a precedent in Kyiv recently when a developer was obliged to demolish several floors of the building to comply with the urban conditions and restrictions and obtain all the necessary documents to legally complete construction.

The next point of verification – whether there is a permit to perform construction work (NB! The declaration of the commencement of construction work is not a permit); the contractor’s license for construction; the project documentation; the document confirming the mandatory examination of construction projects: the liability classes (consequences) of the objects of the type CC2 (average consequences – houses up to 100 m high, from 20 to 300 permanent residents) and the type CC3 (significant consequences – from 100 m high and 300 permanent residents). The agencies approved by the government for conducting the mandatory examination of the construction projects can be checked here.

Other permitting documents include permits for special types of work, an order for a building address assignment to a new construction object, approval of construction conditions by the general contractor, the permission of specialized departments when the construction is executed in historic and architectural zones, exclusion zones, etc.

Often enough, a developer may downgrade the liability classes (consequences) such as indicating CC1 class (private house construction) instead of CC2 (construction of an apartment building up to 100 m high) for their own purposes, e.g. to avoid obtaining the costly license mandatory for CC2 and CC3 objects. However, this may result in an inability to legally commission the property and register the title.

Said another way, the higher the consequences class, the more difficult it is to bring both the legal and project aspects of the facility construction in compliance with the requirements of the legislation.

Hence, when selecting the object type CC2, and especially CC3, all the documents shall be checked as carefully as possible.

Depending on the status of the facility, you should also verify:

♦  An agreement on urban utility services communication, with heat, water, and energy supply included. The supporting documents may include contracts for public utility services;

♦  Certificate on completion of construction;

♦  A technical passport for an apartment;

♦  Certificate on facility commissioning;

♦  Certificate (an order of the district administration) on the postal address assignment;

♦  An agreement with the city council on payments of the share contribution to the city infrastructure (NB! Without payments under such an agreement the building may fail to receive the postal address, which will lead to the failure of the investor’s title registration).

Construction permits, construction completion certificates and commissioning certificates shall be verified with the State Architectural and Construction Inspection Register of permitting documents.

Besides, it is advisable to check whether there exists an increased public interest and attention to the facility (public disputes, rallies, and mass protests, etc.) and whether the developers and constructors are involved in some illegal schemes of money laundering or political scandals.

You can also check the desired developer in reliability ratings published by media resources.

The due diligence procedure is rather complicated, but at the same time, it is a substantial step for apartment purchase in Ukraine. Without it, one cannot be 100% sure that there will be no problems with the purchased apartment.

Stage 2: Ways of Investment and Signing the Agreement

The legislation provides 4 ways for developers to receive funds from individuals for the construction of facilities – investing in construction financing funds, issue of target bonds, participation in collective investment institutions, and in real estate transaction funds. Developers also widely use other methods of accumulating funds for construction (presale contracts, sale and purchase agreement of property rights), which are not expressly prohibited by law but are absent in specific regulations, and are governed by general terms of civil legislation.

Every way of investment has its pros and cons. The main disadvantage of all the ways is that nobody can guarantee that the building will be commissioned on time or that the developer will not go bankrupt. To minimize these risks, checking every single thing on the stage of due diligence is the best option for the investor.

The first investment option is about entering into an agreement with the construction financing fund. The manager of the fund is a bank or other licensed financial institution that has an agreement with the constructor, which undertakes to build one or more construction projects and commission them as required by law and transfer to the fund. The fund is obliged to finance the construction according to the agreement.

The fund receives money for construction from potential investors who intend to buy an apartment. After concluding the agreement with the fund and paying the price of the property under the terms of agreement (which may be partially paid), the investor receives the certificate of participation in the construction financing fund (it shall indicate in details all the features of the apartment – area, floor, number, etc.) After the building has been commissioned, an investor has to sign the apartment acceptance/transfer certificate or refuse from signing and hold a demand against the developer on the elimination of construction defects. After signing, the investor receives another certificate, under which the ownership right is registered.

The main advantage for the investor is that the use of money by the developer is monitored and controlled. In the event of non-fulfillment of the obligations, the fund may even change the developer. However, there may be cases when developers are closely linked to and influenced by the funds in a way that funds do not even aim to control the progress of construction and track the use of money for its intended purpose. This can lead to long-term construction.

The second option is to invest in target bonds. The lot of such bonds corresponds to the area of one apartment. The target bond indicates only its series, number, the number of square meters and does not specify an apartment itself (with a description of its exact location). Therefore, it is necessary not only to purchase a lot of target bonds but to conclude with the developer the ‘booking’ agreement regarding a particular apartment where area equals the number of square meters indicated in the bond.

Once construction is finished the developer repurchases the bonds and the investor receives the apartment. The bonds are issued under the control of the National Securities and Stock Market Commission (NSSMC).

Participation in collective investment institutions is similar to a construction financing fund with the only difference being that the bank (in construction financing fund) as a third party between an investor and developer is replaced by an asset management company (in collective investment institutions).

The potential investor concludes a forward contract with the asset management company. Such a contract is registered on the stock exchange. Under this agreement, the investor acquires property rights to the apartment, pays the asset management company, and undertakes to pay the established price to the constructor after the building is commissioned. The forward contract shall include such important features as the payment deadline, the terms of construction completion, commissioning date, apartment number, floor, area, etc. After the building is commissioned, the contractor and investor conclude the main agreement under which the apartment is being transferred to the investor based on the existing property rights.

Funds of real estate transactions are not common in Ukraine, though they are considered a legitimate form of investment.

Presale contracts and agreements on the sale and purchase of property rights (title deeds) are a bit risky forms of investment. They allow the developer to sell the same apartment twice and more since such agreements are not registered anywhere and may have standard and vague terms that do not specify the apartment that is purchased at the time of the start of construction.

The investor should remember that the standard contract is always in favor of the developer. Therefore, it is always a good idea to consult a lawyer about the terms of the particular agreement proposed by the developer.

At the stage of construction, you do not acquire any ownership rights or receive any title deeds by concluding any of the above contracts. For these reasons, it is crucial to study every document regarding the constructor and developer, and carefully read all the terms of the proposed agreement before signing. Otherwise, you risk wasting your investment or being engaged in long-term litigation, or waiting for decades for the building to be finally constructed or commissioned.

Stage 3: Registration of Ownership

Once the title has been registered, the investor becomes the rightful owner of the apartment. The registration can be done through the Administrative Services Center.

Before the registration, you will also have to obtain a technical passport for the apartment. You should also request the developer to provide you with certified copies of the document confirming that the building has been commissioned and assigned an address.

The package of the documents required for registration depends on the way of investment you have chosen (e.g., in case of investing in target bonds, you have to submit the target bonds purchase agreement and the ‘booking’ agreement).

EXPATPRO has extensive experience in real estate deals in both the primary and secondary real estate markets and is always ready to advise you on all and any issues you have concerning apartment purchase at any stage from choosing a reliable property to signing the agreement and registering ownership rights.

EXPATPRO has considerable experience in real estate support activities and advising both on the secondary and primary real estate market of Ukraine, as well as in the successful completion of the real estate deals.

You are welcome to read our next article on purchasing an apartment in a new building here.

Read Part I of the article at our Facebook page

Read the first part of the article on Exaptpro

Now, there are mandatory qualification requirements and additional ones. The quotas were also redistributed:

• Manager of information security system – 100 applicants;

• Specialist in information security organization (that includes now Specialists in organization of protection of the restricted data, Professionals in information security organization and Professionals in organization of protection of the restricted data) – 300 applicants;

• Software engineers (Senior software engineers, Design Engineer (in electronics), Software Engineer) – 3000 applicants;

• Analysts (consolidated data analysts, analysts in computer systems, analysts of computer communications, Analysts of operation and application software) – 200 applicants;

• Chief Technical Officer – 500 applicants;

• Professionals in computer technologies – 800 applicants;

• Information and Software Operators – 100 applicants.

Managers of information security system and quality systems must have not less than 3 years of experience in the respective field.

Additional requirements:

University/college diploma, proven income received for the work as manager of information system/ manager of the quality systems, proven income received in the preceding calendar year not less than 24,000 USD, CISSP, CISA, CISM, ITIL Master, CompTIA Security + certificates.
Chief Technical Officer must have at least 3 year of experience at the respective position.

Additional requirements are:

University/college diploma in technical sciences, proven income received in the preceding calendar year not less than 24,000 USD, MIT certificate.

Specialist in information security organization must have at least 3 year of experience at the respective position.Diploma in technical sciences, proven income received in the preceding calendar year not less than 24,000 USD, CISSP, CISA, CISM, ITIL. Master certificates are additional requirements to the candidate.
Software engineers must have at least 3 years of experience. In addition, diploma in technical sciences can be presented, proven income received in the preceding calendar year not less than 24,000 USD, MIT certificate.
Computer system engineers, design engineers (in electronics) must have at least 3 year of experience at the respective position; additional requirements are diploma in ‘Computer engineering’, ‘Cybernetics’, ‘Mathematics’, ‘Applied Mathematics’, ‘Informatics’, proven income received in the preceding calendar year not less than 24,000 USD, MIT certificate.
Professionals in computer technologies also must have at least 3 year of experience. The same is applicable to Information and Software Operators. Additional requirements for both categories is proven income received in the preceding calendar year not less than 24,000 USD.

Read the second part of the article.

The crisis in Belarus has created an inquiry for the option to relocate the IT business to safer jurisdictions.
One of the options that Ukraine may offer is the obtainment of the permanent residence permits. This year the Cabinet of Ministers of Ukraine approved the quota for IT specialists in Ukraine – 5000 permits should be issued in 2020.

This number of immigration permits is allocated to the following Ukrainian regions/cities:

– Dnipropetrovsk region – 600 permits;
– Lviv region – 600 permits;
– Odesa region – 600 permits;
– Kharkiv region – 700 permits;
– Kyiv – 2500 permits.

However, there are limits to the number of positions available in the IT sector the applicant can hold, and the requirements to them.
Please take a note to the following limits:

– Information Security System Manager – 100 applicants;
– Information Security Specialist – 100 applicants;
– Restricted Data Protection Officer – 100 applicants;
– Information Security Professional – 100 applicants;
– Restricted Data Protection Professional – 100 applicants;
– Senior Software Engineer – 500 applicants;
– Consolidated Data Analyst – 500 applicants;
– Chief Technical Officer – 500 applicants;
– Design Engineer (in Electronics) – 1000 applicants;
– Software Engineer – 2000 applicants.

The requirements for the documents to prove the qualification, please check here.

The immigration clearance process for IT specialists consists of the following stages:

1) submission of the application file with the respective documents to the State Migration Service of Ukraine or filing the documents through a consulate or embassy of Ukraine (in the second case, they are obliged to send the documents to the State Migration Service of Ukraine within 1 month). The decisive authority has 1 month to check whether the papers comply with a procedure and whether the file is complete. As a result, the applicant either gets a refusal or the decisive authority sends the requests to other state bodies for verification;
2) The Security Service of Ukraine, Ministry of Internal Affairs, National Police, State Border Service of Ukraine, Ministry for Development of Economy, Trade and Agriculture of Ukraine shall, within 30 days, provide the State Migration Service of Ukraine on whether they support the application upon the request of the State Migration Service of Ukraine. The aforementioned authorities may extend the response period for another 30 days.
3) Upon receival of the replies from the other state authorities, the State Migration Service of Ukraine analyses the information provided and takes a decision within 1 month.

Thus, the whole process will take at least 3 months, and, during this period, the applicant should take care of other grounds for a legal stay within the territory of Ukraine, if necessary.
The stages are clear in general, but the devil is in the details.
The main problem expected to be faced by job seekers and the decision-making authority is how the work experience shall be confirmed properly: the references from employers, customers. Since the practice is deplorable in such a process, all the documents are accepted. But the more, the better.
The second tricky moment is related to legal issues and the competence of the authorities. According to the Law of Ukraine ‘On Immigration’, the qualification requirements for the categories of professionals and specialists limited by quota, should be approved by the Ministry, which is responsible for the employment policy, which is the Ministry of Social Policy. At the moment, we have the List of specialties and requirements to the specialists and employees approved by the Ministry for Development of Economy, Trade and Agriculture of Ukraine.
Obtainment of an immigration permit gives the right to get a permanent residence permit in Ukraine with no validity limit.
Check if this option can be used by you, or find out info on other options.

Before paying a visit to Ukraine, foreigners have to obtain an entry visa. However, Ukrainian legislation provides visa-free entry for the citizens of countries that ratified the Visa Waiver Treaties with Ukraine (more).

In some cases, foreigners who entered Ukraine on the grounds of Visa Waiver Treaties have to leave the country to get a visa of a special type.

Entry visas to Ukraine are issued by the Consulates of Ukraine located abroad. Since 2019, citizens of some countries can get an E-visa before a trip to Ukraine, which is valid for up to 30 days and single entry only. If you are a citizen of a country on the list, you can get an E-visa through the online application system, please check for more details here.

Ukrainian visas are issued within the following 3 types:

● Transit (B type) visa;
● Short-term (C type) visa;
● Long-term (D type) visa.

More about visa types:

Short-term (C type) visas. C type visas are issued in cases where a foreigner intends to stay in Ukraine for up to 90 days within 180 days starting from the first entry to Ukraine. C type visas are issued as a one-entry, two entries or multiple entries.
C type visas are the most commonly issued visas to Ukraine for the following purposes: tourism, business travel or private visits.
Nowadays, C type visas are not issued to the citizens of the countries participating in the Visa Waiver Treaties.

Long-term (D type) visas. D type visas are issued as multiple entry visas valid for 90 days. There are limited grounds for long-term visa, and it is required for the foreigners who plan to get residency in Ukraine. Visa D is obtained by foreigners intending to apply for a temporary residence permit due to work, family reunification, studying in Ukraine or other reasons. More about D type visa here.

Transit (B type) visas. B type visas are issued in cases where Ukraine is not the country of the traveler’s final destination and passengers/cargo are to transit through Ukraine by car/coach. Each transit period should not exceed 5 days. B type visas are issued as a one-entry/two entries/multiple entries visas.

Documents required for visa to Ukraine

To get a visa to Ukraine a foreigner must provide Ukrainian consulate with the following documents:

1) Passport, valid for at least 3 months after the intended date of departure from Ukraine;
2) Visa application form;
3) Medical insurance valid in Ukraine, with at least 30,000 Euro coverage;
4) Proof of sufficient funds to cover the costs of stay (e.g. bank statement or ATM receipts);
5) One photo 35 х 45 mm;
6) Paid visa fee receipt;
7) Document confirming the purpose of the trip to Ukraine.

For instance, for getting a Short-term (C type) visa, an applicant has to submit an invitation letter, a document confirming the tourist purpose of the stay.

For a Long-term (D type) visa, an applicant should submit a work permit, an immigration permit, an invitation from a university, an invitation from an international NGO, a document proving family ties (for family reunification), confirming the purpose of the trip. More about D type visa here.

Visa fee

The visa fee depends on 1) citizenship; 2) age of the applicant.

Citizenship criteria: the basic visa fee for processing visa applications via regular service is $65.00. Fees are doubled for all applications filed upon expedited service, which means $130 for urgent case consideration. Visa fees for certain visa types for applicants from some countries might differ from the basic visa fee above, due to the reciprocity principle.

Age criteria: visas for minors are issued free of charge.

A foreigner may apply for a visa irrespective of the previous duration of stay in Ukraine: even if there was an overstay, a visa can be issued. Please note, if the fine was imposed for the breach of the law, it shall be paid prior to the visa application submission. However, the visa is not issued to the individuals banned from entering.

Visa processing time

Up to 10 working days from the day of application within regular service, unless the additional check is necessary.
Up to 5 working days from the day of application within expedited service.

2. Applying for D type visa in the consulate of Ukraine abroad based on working in the foreign legal entity representative office in Ukraine. More info about this type of visas here.

3. Submitting required documents to the Migration Service office in Ukraine for a temporary residence permit. Read more about the temporary residency by this link.

You may also be interested in the article – USPS Fingerprinting.

However, there are situations when the return of the child may be difficult or even impossible. For example, if more than a year has passed since the removal, and the child has adjusted to a new society, or if the child objects to return, and has reached the age when his/her opinion must be taken into consideration.

The Ukrainian legislation is being amended extremely fast these days. Parliament is providing the business with the instruments to get ready for the quarantine, that was approved last night by the Cabinet of Ministers of Ukraine.

How this affects business:

For the period from March 18 – April 03, 2020
– railway, air and bus intercity and interregional passenger transport services are suspended (except for the possibility to travel by private transport only);
– the public overland transport continues to operate – transportation is allowed for 10 passengers max simultaneously;
– the operation of the subway is suspended in Kyiv, Dnipro, and Kharkiv.

City malls, cafes, restaurants, beauty salons, fitness centers shall remain closed for the period from March 17 – April 03, 2020. Food delivery is allowed.

As these measures are harsh, especially for small business, the Parliament has passed the following changes to the legislation:
• Such quarantine is considered a force majeure event;
• Employees are allowed to be put on unpaid leave; place of work and the working hours can be changed, with the option to work remotely (distance work);
• All the deadlines for submission of declarations have been changed (annual declaration can be submitted till July 01, 2020), cash register installation has been postponed (from October 01, 2020, to January 01, 2021, for those who sell technically sophisticated production and medicines, or whose income exceeds 1 mln. UAH) and extended through April 01, 2021, for other business entities (if they accept cash, bank cards).
• Persons, who fail to comply with the new regulation can be fined (17000 – 34000 UAH), plus criminal liability may be applied;
• PEs are relieved from the duty to pay the social tax (for March and April);
• No fine is applied in case the entity fails to pay in full or in time the social tax in March and April;
• No inspections by the state authorities, that were not preliminarily scheduled till May 31, 2020 (except for the pricing policy inspection, sanitary control).

For more details and how the new rules will affect your business, please contact our business administration team.

Under the Ukrainian legislation, the visa-free entry regime, or non-visa regime, implies that nationals of the list below do not have to obtain a visa to enter Ukraine.

Citizens of the countries below are allowed to stay on the territory of Ukraine without a visa for up to 90 days within 180 days term. If the trip is planned for more than 90 days, the foreigner shall get a long-term D-type visa.

Visa-free regime applies to citizens of the following countries:

Albania
Andorra
Antigua and Barbuda
Argentina
Austria
Belgium
Bosnia and Herzegovina*
Brazil
Brunei Darussalam*
Bulgaria
Canada
Chile
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
The Holy See
Hong Kong (China)*
Hungary
Iceland
Ireland
Israel
Italy
Japan
Kazakhstan
Kyrgyzstan
Latvia
Lichtenstein
Lithuania
Luxemburg
Macedonia
Malta
Monaco
Montenegro
Netherlands
Norway
Panama
Paraguay
Poland
Portugal
Qatar
Republic of Korea
Romania
Saint Kitts and Nevis
San Marino
Serbia*
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkey
UAE
UK
Uruguay
USA

* Please note some countries have specifics, e.g. for citizens of Bosnia and Herzegovina, Serbia visa-free stay on the territory of Ukraine is allowed for up to 30 days during 60 days term; for citizens of Brunei Darussalam – up to 30 days; for citizens of Hong Kong – up to 14 days.

Pursuant to the Ukrainian visa regulations, citizens of a number of countries may stay in Ukraine for not more than 90 days within 180 days term and are exempt from the obligation to obtain any visa type to enter Ukraine (business visa or spouse visa for further residency). 8 countries fall under this rule: Armenia, Azerbaijan, Belarus, Georgia, Moldova, Mongolia (only for service, tourist, private trips), Russian Federation, Uzbekistan.

Ukrainian visa rules also allow citizens – holders of diplomatic or service passports from different countries to enter Ukraine without obtaining a visa.

See also:

• Non-visa stay in Ukraine. 90 days rule.
• How to get a visa to Ukraine
• How to get D type Visa in Ukraine?
• How to extend visa in Ukraine?
• How to get E-Visa to Ukraine?

Usually, foreigners from the EU, USA, UK, Canada, South Korea, Turkey and some other countries have the right to stay legally in Ukraine without any visa (90 calendar days during 180 day-term). To find out more about visa-free countries please follow this link. Citizens of other countries who intend to stay temporarily in Ukraine need a visa. The list of countries, whose citizens need to obtain a visa to enter Ukraine, please see here.

The procedure of calculating the 90-day visa-free stay in Ukraine follows the relevant rules. You can get more information about it here.

So, how to extend your stay in Ukraine for more than 90 days?

The answer is simple – to obtain a temporary residence permit in Ukraine.

The temporary residence permit is an official document that gives the right to stay in Ukraine legally, as well as to leave the territory of Ukraine and return to Ukraine for an unlimited number of times during its validity, with the right to extend it. The validity of a temporary residence permit varies – from several months to several years. For example, 3-year valid permits are issued in case of work or a long-lasting international project, etc.

Current Ukrainian legislation provides the following list of reasons for a temporary residence permit:

♦  official employment;

♦  participation in international technical support projects (such projects must be registered);

♦  religious activity based on the invitation from a religious organization (officially registered, with а permission to involve foreigners);

♦  participation in activities of representative offices and other structural units of foreign non-governmental organizations;

♦  work in representative offices of foreign business entities or representative offices / branches of foreign banks;

♦  international cultural, educational or scientific activities under international contracts of Ukraine or specific programs, participation in international or regional volunteer programs, as well as participation in work of Ukrainian volunteer organizations (a special list of such organizations is approved by the government);

♦  study in Ukraine (not intended but already arranged);

♦  work as a correspondent or a representative of foreign media;

♦  investing at least 100 thousand euros in business in Ukraine;

♦  marriage with a citizen of Ukraine;

♦  family reunification with citizens of Ukraine or persons legally residing on the territory of Ukraine (holders of a temporary or permanent residence permit).

Before applying for a temporary residence permit, the applicant (if not a citizen of a visa-free country) will have to get a D-type visa (read more about visas to Ukraine).

A Temporary Residence Permit Due to Employment in Ukraine

The most common and transparent way is official employment in Ukraine. Any foreigner has a right to be employed in Ukraine if they obtain a work permit in accordance with the legislation of Ukraine. After receiving  a work permit, a foreign citizen is eligible to apply for a temporary residence permit in Ukraine. The permit is issued for a term of validity of the work permit of a foreigner (and it can be up to three years).

Being an Employee versus Registering One’s Own Business

Using employment at a company as a means of legalizing the stay in Ukraine does have certain risks. The foreigner is dependent on the employer and can lose the residency right in case of dismissal from the position. The employment as the ground to legalize the stay in Ukraine is much easier and safer for those foreigners, who register their own business in Ukraine and hold a position of the director or a deputy director of their own company. By using this method, potential investors and foreigners who intend to run a business in Ukraine (no matter how big or small) won’t have any problems maintaining a temporary residence in Ukraine for as long as they need.

Family Reunification and Marriage

Family reunification is another reason for a temporary residence permit. This can include reunification with parents, a spouse who is Ukrainian and those persons who have already obtained permission to stay legally in Ukraine. For instance, if a foreigner has started a business in Ukraine, received a work permit and a temporary residence permit, then his/her family may join him and acquire legal status in Ukraine without a need to obtain a work permit or some other legal grounds for staying in Ukraine.

For residence permits based on family reunification, applicants need to apply for a D-type visa and afterward – for a temporary residency. That is how family reunification works. It is much easier to obtain residency if you have some family ties in Ukraine, for example, marriage to a Ukrainian, having a child who is a citizen of Ukraine or having relatives who are (were) Ukrainians or were born on the territory of Ukraine. The existence of family connections must be verified (through marriage certificate, birth certificate, etc.). If such documents are obtained abroad, please pay attention to the rules of legalization and apostillation of the documents issued in a foreign country for their further legal use in Ukraine. A temporary residence permit for family reunification is issued for a period of 1 year with the right to extend it.

When the marriage with a citizen of Ukraine lasts for more than 2 years, a foreigner has the right to obtain a permanent residence permit in Ukraine.

Education in Ukraine – an Opportunity for Getting a Temporary Residence Permit

A temporary residence permit can be issued to foreigners, who come to Ukraine for study at Ukrainian universities and colleges. The list of accredited Ukrainian universities and colleges is available on the website of the Ministry of Education and Science of Ukraine.

A foreigner, who intends to study in Ukraine and get a temporary residence permit based on studying, has to receive an invitation from the Ukrainian university registered with the Ministry of Education and Science of Ukraine.

It is also important to check whether all the documents for studying comply with the rules of legalization and the apostilling for their future use in Ukraine.

Based on the invitation for studying in Ukraine, a foreigner gets a D-type visa at the Consulate of Ukraine located abroad. Afterward, all the necessary documents must be filed with the State Migration Service of Ukraine for temporary residence permit issuing.

Submitted documents shall confirm the fact of studying in Ukraine (duly certified copies of the university admission order with studying term details of such foreign student) and the university’s obligement to inform the State Migration Service of Ukraine in the event of student’s expulsion.

Temporary residence permit validity depends on the study term of such foreign student in Ukraine. Usually, this kind of a temporary residence permit is valid for up to 1 year, and after the expiration date, it can be prolonged (or exchanged) based on a new document confirming the fact of studying in Ukraine. There is no need to get a new D-type visa if the legal deadline for prolongation (or exchanging) of the temporary residence permit is met.

Documents for temporary residence permit exchange have to be filed at the latest 15 working days before the end of the studying term, specified in the university’s admission order of the foreign student.

Temporary Residence Permit for Overseas Journalists

Foreigners, working as journalists at the foreign mass media outlets can obtain a temporary residence permit, if they arrive in Ukraine for work, and have the letter from their employer – foreign mass media outlets.

The procedure of the issue of the temporary residence permit for the overseas journalist includes the following steps:

1.  Obtaining a D-type visa based on the letter from the foreign mass media.

2.  Filing a request to the Ministry of Information Policy of Ukraine with letter from the foreign mass media regarding the application to the State Migration Service of Ukraine for a temporary residence permit.

Please note the specific requirements for the foreign mass media request filed to the Ministry of Information Policy of Ukraine for receiving the application to the State Migration Service of Ukraine.

3.  Submitting the documents to the State Migration Service of Ukraine, including the foreign mass media request on the issue of the temporary residence permit.

Usually, a temporary residence permit for the overseas journalist is valid for up to 1 year with the right to prolong it.

Temporary Residence Permit for Overseas Sportsmen and Cultural Workers

Ukrainian legislation also allows foreigners to get a temporary residence permit due to cultural, scientific, and educational activities. When foreigners arrive in Ukraine, they need to obtain the petition (application) from the corresponding state authority. Such activity (cultural, scientific, educational, etc.) has to be specified in international treaties between the Government of Ukraine and the government of such foreign country of citizenship or has to be foreseen at the specific state programs.

As an example, the Ministry of Youth Affairs and Sports can invite a foreigner for professional sports activities in Ukraine, or a foreign cultural worker can arrive in Ukraine upon the invitation of the Ministry of Culture of Ukraine and then obtain a temporary residence permit on this ground.

Moreover, foreign volunteers have the possibility of getting a temporary residence permit in Ukraine for volunteer programs, but only if they have the corresponding invitation from a volunteer organization, registered by the Ministry of Social Politics of Ukraine. Temporary residence permit issued for overseas volunteers, sportsmen, scientific and cultural workers is valid for up to 1 year.

To sum up, obtaining a temporary residence permit in Ukraine grants foreigners rights to stay within the territory of Ukraine, leave and enter the country whenever needed, work, study, and receive state services within the validity term of their temporary residence permit. However, foreign citizens, willing to get legal status in Ukraine, need to remember that any breach of Ukrainian laws related to the foreigner’s legal status (including overstaying in the country, providing the forged documents, or false information) may result in forced expulsion from Ukraine and a ban on re-entering.

Read about legalization of foreign volunteers in Ukraine.

Nowadays, Ukrainians enjoy a visa-free regime for traveling to the EU, which has become a prominent event for the Ukrainian society a while ago. From the other side, Ukraine grants a right to the nationals of the European Union member countries and many other countries for visa-free entry. (Please check the list of visa-free states here). At the same time, oftener stories and more questions occur related to troubles of foreigners violating the laws of Ukraine in the sphere of border crossing, due to misinformation. Let us make a sense of it.

Ukrainian guests are getting concerned that they will be banned from entering Ukraine because of the so-called ‘overstay’. These difficulties are related to the requirements of the EU, the Security Service of Ukraine in order to guarantee that the foreigner stays in Ukraine legally and is not dangerous neither to Ukraine nor to its EU-partners. Therefore, more foreigners are being denied entry or even banned to enter Ukraine. The establishment of entry regulations for Russian nationals is a vivid example of the Ukrainian government seeking to tighten control over the Ukrainian border.

1. What is an overstay and how it occurs? And how to calculate 90 days of stay in Ukraine?

According to Ukrainian legislation, the citizens of many countries have a right to stay in the territory of Ukraine without obtaining a visa for 90 days within the 180-days term. How is it calculated?
1. The specific date of control must be chosen. For example, it may be the date of planned entry to or departure from Ukraine (when the journey happened).
2. Starting from this date, one has to count down 180 days (back). Only within this period, the foreigner may legally stay in Ukraine for 90 days without obtaining a visa.
3. Next is to check 90 “visa-free” days within this 180 days. The foreigner has to count the days of stay by the stamps of entry and departure from Ukraine indicated in the passport documents.
If the foreigner counts more than 90 days of stay within the 180-days term, it means that the law has been violated and the ‘overstay’ occurred.
You can easily check your days of stay here using the migration calculator. Please refer: https://dmsu.gov.ua/en-home/e-services/duration-of-stay-calculation.html

2. What happens if the foreigner has overstayed?

This information is easily checked at the border control. Please take note, nowadays the border control system allows combining information on foreigners using two passports of the same country.

According to article 203 of the Code of Administrative Offences of Ukraine, the foreigner will be fined for 1700-5100 UAH.
The overstay is not covered by the fine, therefore, the foreigner will have to wait 90 days before re-entering Ukraine. Moreover, a foreigner may also be banned from entering Ukraine.

3. How to stay in Ukraine for more than 90 days?

As per Ukrainian legislation, there are several ways to stay in Ukraine for more than 90 days for non-Ukrainian citizens:
1) get a temporary residency;
2) get a permanent residency;
3) extend a stay in Ukraine up to 180 days.
More about residency in Ukraine

Using one of the given ways a foreigner may enter and leave Ukraine legally (for some period or constantly) with no limitations. For those, who consider obtaining one of the aforementioned statuses without breaching border rules before applying, it is also worth noting that you will have to cross the border before getting one of them.

4. What to expect in the future?

The border crossing regime is not getting easier. We expect new rules to be introduced for Russian citizens visiting Ukraine. More foreigners are currently seeking legal status in Ukraine due to the political situation in the neighboring countries. The situation in the East of Ukraine though makes the issue more complicated, as well as the requirement of EU policies that Ukraine has undertaken to perform.

Under these rules, foreigners from countries that ratified the Visa Waiver Treaties with Ukraine (listed below) will not have to leave the territory of Ukraine to get a long-term visa (D type visa). Read more about the D type visa here. Since June , 2019, D type visa will be issued at the Ministry of Foreign Affairs (Department of Consular Service) in Kyiv as well as at the Consulate of Ukraine abroad.

We kindly remind that D type visa is required for those foreigners who intend to get residency in Ukraine. A long-term visa is used for getting temporary and permanent residence permits.

The procedure of getting D type visa is simplified only for those foreigners who plan to obtain a temporary residence permit in Ukraine on the following grounds:

– employment;
– participation in international technical assistance projects;
– employment at representative offices of foreign businesses in Ukraine;
– employment at branches or representative offices of foreign banks;
– implementation of cultural, scientific, educational activities on the grounds and in the manner prescribed by the international agreements of Ukraine or special programs, as well as participation in the international and regional volunteer programs, or activities of voluntary organizations registered in Ukraine;
– in cases when a foreigner is a founder or participant or beneficiary owner (controller) of a legal entity registered in Ukraine and whose share is not less than 100 thousand euros;
– education.

Unfortunately, simplification of procedure does not appeal to the issuance of D type visa on the ground of family reunification (foreigners who arrive in Ukraine for reunification either with persons who are Ukrainian nationals or foreigners who’ve got a temporary residence permit and are legally staying within the territory of Ukraine).

The list of documents required for visa remains unchanged (more info here). For a Long-term visa – a work permit, an invitation from a university, an invitation from an international NGO are the documents, confirming the purpose of the trip.

Visa fee under new rules

To issue a long-term visa without leaving Ukraine, a foreigner shall pay approximately 97 USD within regular service (194 USD within expedited service) that is more expensive than issuance in the Consulate of Ukraine abroad (within regular service — 65 USD).

Visa processing time

Up to 10 working days from the day of application within regular service. Up to 5 working days from the day of application within expedited service.

Countries that ratified the Visa Waiver Treaties with Ukraine:

• Albania;
• Andorra;
• Antigua and Barbuda;
• Argentina;
• Austria;
• Belgium;
• Bosnia and Herzegovina;
• Brazil;
• Brunei Darussalam;
• Bulgaria;
• Canada;
• Chile;
• Croatia;
• Cyprus;
• Czech Republic;
• Denmark;
• Estonia;
• Finland;
• France;
• Germany;
• Greece;
• Hong Kong;
• Hungary;
• Iceland;
• Ireland;
• Israel;
• Italy;
• Japan;
• Kazakhstan;
• Latvia;
• Lichtenstein;
• Lithuania;
• Luxemburg;
• Macedonia;
• Malta;
• Monaco;
• Montenegro;
• Netherlands;
• Norway;
• Panama;
• Paraguay;
• Poland;
• Portugal;
• Qatar;
• Republic of Korea;
• Romania;
• Saint Kitts and Nevis;
• San Marino;
• Serbia;
• Slovakia;
• Slovenia;
• Spain;
• Sweden;
• Switzerland;
• Tajikistan;
• Turkey;
• UAE;
• UK;
• USA.

Nowadays, Ukrainians enjoy a visa-free regime for traveling to the EU, which has become a prominent event for the Ukrainian society a while ago. From the other side, Ukraine grants a right to the nationals of the European Union member countries and many other countries for visa-free entry. Please check the list of visa-free states here.

At the same time, more and more often foreigners have problems while crossing the border due to ignorance and misinformation. Let us make a sense of it.

Ukrainian guests are getting concerned that they will be banned from entering Ukraine because of the so-called “overstay”. These difficulties are related to the requirements of the EU, the Security Service of Ukraine in order to guarantee that the foreigner stays in Ukraine legally and is not dangerous neither to Ukraine nor to its EU-partners. Therefore, more foreigners are being denied entry or even banned to enter Ukraine. The establishment of entry regulations for Russian nationals is a vivid example of the Ukrainian government seeking to tighten control over the Ukrainian border.

1. What is an overstay and how it occurs?

According to Ukrainian legislation, the citizens of many countries have a right to stay within the territory of Ukraine without obtaining a visa for 90 days within 180 days. How is it calculated? The officials take a specific date and count down 180 days back. After that, they check whether you have used 90 “visa-free” days within this term. If so and you are still in Ukraine it means you have violated the law and “overstayed”. You can see the instruction for calculating “number of days” here.

2. What happens if the foreigner has overstayed?

This information is easily checked at the border control. Please take note, nowadays the border control system allows combining information on foreigners using two passports of the same country and simple change of one passport to another will not help confuse border guards. According to article 203 of the Code of Administrative Offences of Ukraine, the foreigner will be fined 1700-5100 UAH for it. Moreover, a foreigner may also be banned from entering Ukraine.

The overstay is not covered by the fine, therefore, the foreigner will have to wait 90 days abroad before re-entering Ukraine.

3. How to stay in Ukraine for more than 90 days?

As per Ukrainian legislation, there are several ways to stay in Ukraine for more than 90 days for non-Ukrainian citizens:

1) get a temporary residency;
2) get a permanent residency;
3) extend a stay in Ukraine.

More about residency in Ukraine.

The foreigner having a permit may without any limitation enter and leave Ukraine on legal grounds (for a certain period or permanently). The third option does not provide such an opportunity, it is recommended to choose it for those who are at the stage of obtaining official documents for the issuance of permits (for example, work permits or marriage certificates, etc.).

4. What to expect in future?

The border crossing regime is not getting easier. We expect new rules to be introduced for Russian citizens visiting Ukraine. More foreigners are currently seeking legal status in Ukraine due to the political situation in the neighboring countries. The situation in the East of Ukraine though makes the issue more complicated as well as the requirement of EU policies that Ukraine has undertaken to perform.

Citizens of countries with a visa regime of entry may stay in Ukraine only on the basis of a visa (short- or long-term) obtained at the Ukrainian consulate abroad. More about visa types.
Ukraine has established a visa regime of entry for nationals of the following countries:

Australia
Algeria
Angola
Afghanistan
Bahamas
Bangladesh
Barbados
Bahrain
Belize
Benin
Bolivia
Botswana
Burkina Faso
Burundi
Butane
Vanuatu
Venezuela
Vietnam
Gabon
Guyana
The Gambia
Ghana
Guatemala
Guinea
Guinea-Bissau
Honduras
Grenada
Djibouti
Dominica (Commonwealth)
Dominican Republic
Ecuador
Equatorial Guinea
Eritrea
Ethiopia
Egypt
Yemen
Zambia
Zimbabwe
India
Indonesia
Iraq
Iran
Haiti
Jordan
Cape Verde
Cambodia
Cameroon
Kenya
China (PRC)
DPRK
Colombia
Congo (Democratic Republic)
Congo (People’s Republic)
Costa Rica
Ivory Coast
Cuba
Kuwait
Laos
Liberia
Lebanon
Libya
Lesotho
Mauritius
Madagascar
Malaysia
Malawi
Mali
Morocco
Mexico
Mozambique
Myanmar
Namibia
Nepal
Nigeria
Niger
Nicaragua
New Zealand
Oman
Pakistan
Palestine
Papua New Guinea
Peru
South Africa
Puerto Rico
Rwanda
El Salvador
Sao Tome and Principe
Saudi Arabia
Swaziland
Senegal
Sierra Leone
Syria
Singapore
Sudan
Thailand
Tanzania
Timor-Leste
Togo
Tunisia
Turkmenistan
Uganda
Uruguay
Philippines
Central African Republic
Chad
Sri Lanka
Jamaica

After the marriage registration, a foreign citizen, if planning to reside in Ukraine, shall apply for a temporary residence permit. A foreigner should leave Ukraine to obtain a new type “D” visa (on the grounds of a marriage certificate). The purpose of visiting Ukraine shall be family reunification. This procedure (of the re-entering) should be carried out even though a foreigner is a citizen of a country, that ratified the Visa Waiver Treaties with Ukraine.

Permanent residence permit

A marriage with a citizen of Ukraine is a ground for obtaining a residence permit in Ukraine. For two years being married to Ukrainian citizen, a foreigner can get a permanent residence permit, and later – will obtain citizenship of Ukraine.

If a foreigner enters into marriage with a person who is not a citizen of Ukraine but is a foreigner, who has a permanent residence permit, he will be able to obtain such a permit without observing these two years. But for becoming a citizen of Ukraine in such circumstances, a foreigner should wait five years, observing a variety of other conditions.

A Marriage outside of Ukraine

A marriage between a citizen of Ukraine and a foreign citizen, which wass registered outside the territory of Ukraine, is considered to be valid in Ukraine. This marriage should not be registered in Ukraine repeatedly. Though, a marriage certificate issued to a foreigner and a citizen of Ukraine outside its territory should be properly certified (legalized/apostilled) in a country of its consignment and translated into the Ukrainian language with a notarization.

Dissolution of marriage

A marriage can be dissolved in a judicial or non-judicial manner (through the offices of the Registrar) depending on certain circumstances (common children and their age, parties’ motivation, definiteness with children, alimony, and division of property matters).

Division of Conjoint property

A property that has been acquired by the spouses in marriage belongs to both wife and husband on the joint ownership title.

Usually, in case of marriage dissolution, a spouses’ property is divided between them into equal parts. At the same time, the separate private property of a wife or a husband is: a property acquired: before marriage, in marriage but on the grounds of a gift agreement or as an inheritance, in marriage but purchased with his/her own money, an apartment or a land property purchased as a result of privatization.

Marriage contract

A married couple may conclude a marriage contract. This contract can be concluded both before and after marriage registration (in this case a marriage contract shall be valid as of the day of marriage registration) and shall be notarized. A marriage contract regulates spouses’ property relations, defines their property rights and obligations.

Cover photo from The Paris Photographer.

Read about controlled foreign companies tax regulations in our article.

Starting a business is not an easy thing. The duly organized company at the very beginning is easier to run, structure and develop it for the future. Thus, it will be useful to be clear on the aforesaid issues. These will prevent extra expenses in case of wrong decisions, difficulties occurring while negotiations and any surprises arising out of the unfamiliar jurisdiction.
We hope your business in Ukraine will become successful and prosperous!

How to calculate 90 days of stay in Ukraine properly?

When this 90 days term expires foreign citizen has two options:

1) leave Ukraine with the right to re-enter after 90 days period;
2) extend a stay in Ukraine.

Legislation of Ukraine provides the following options for the extension of stay of any foreign citizen:

1) get temporary residence permit;
2) get permanent residence permit;
3) to be granted a decision by migration service office on permission to extend the stay on the territory of Ukraine.

Such a decision (3) shall be granted only when there are serious grounds, such as illness, pregnancy or childbearing, illness of the family member who has to be taken care of, waiting for the official documents being issued (such as immigration permit, obtainment of the citizenship of Ukraine, etc.), force majeure events that do not allow to leave Ukraine within the legally permitted terms of stay. All the aforesaid facts have to be supported with the respective documents.

The application for extension of stay on the territory of Ukraine shall be submitted to the local migration service office and, what is important, at least three days before the expiry of the visa or 90 days’ term. The special stamp is inserted in the passport when the migration service body grants with the decision on the extension of the term of stay on the territory of Ukraine. The maximum period of extension is 90 calendar days. If you leave Ukraine before the 90 days term, you will not be permitted to re-enter Ukraine, so you will have to either wait for 90 days or get the new visa.

Planning to set up a business in Ukraine? Read our article regarding on the first steps.

Moreover, before applying for a temporary residence permit the applicant will have to get a D type visa (read more about visas to Ukraine).

Permanent Residence Permit

The permanent residence permit is another type of a document that gives a foreigner the right to stay in Ukraine legally for a long period. It has no validity limits (has an indefinite duration, but the document itself has to be renewed in certain cases). Likewise the temporary residence permit, the permanent residence permit allows staying in Ukraine, easily leave and enter its territory, employment by any company without obtaining a work permit. Therefore, the legal status is quite similar to citizenship, but a bit reduced – no voting rights, no title rights to agricultural land, no option to benefit from the visa-free entry to EU due to the Visa Waiver Treaties, etc.

The grounds for acquiring permanent residence permit are the following:

♦  Being a highly qualified specialist (that are highly demanded by the Ukrainian economy);
♦  Being a scientist and/or cultural figure, whose immigration corresponds to the interests of Ukraine;
♦  Being an investor (who has invested at least 100 000 USD) in Ukrainian economy;
♦  Being a sibling, grandchild, or grandparent of Ukrainian citizens;
♦  Being a spouse of the Ukrainian citizen (the marriage shall last at least for two years);
♦  Being a former Ukrainian citizen;
♦  Being a parent, spouse, or minor of an immigrant to Ukraine;
♦  Being a military member in the Armed forces of Ukraine (for 3 and more years);
♦  Being overseas Ukrainians;
♦  Being a legal guardian of Ukrainian citizens or person, warded by Ukrainian citizens;
♦  Being a legal guardian of Ukrainian citizen(s) or being a person, which is under guardianship and is warded by a Ukrainian citizen(s).

Before applying for permanent residency, the applicant obtain the immigration permit first.

It is worth noting that there is a duty to register the place of residency in Ukraine within 30 calendar days after the residence permit is issued.

Information update:  expired residence permit are valid during the wartime.

On June 25, 2020, the Resolution of the Cabinet of Ministers of Ukraine No. 522 repealed the Order No. 392 on self-isolation or mandatory observation for foreign citizens entering the territory of Ukraine.

The Resolution stipulates that foreigners who were tested negative by means of polymerase chain reaction (PCR) for COVID-19 can be released from self-isolation or observation.

A foreigner who came from a country with a high prevalence of coronavirus infection has to take a test after crossing the border, then immediately move to expected self-isolation or observation location and after a negative test result, the foreigner can cease isolation at once.

According to the information provided at the hotline of the Ministry of Health of Ukraine, the procedure for ceasing isolation is as follows:

After the Act at Home [DIY vdoma / Дій вдома] application installed and the appropriate geolocation evidenced, you need to take a PCR test at one of the accredited private clinics. Please find out if a clinic has a mobile medical team, if so you have to call them.
If the clinic does not provide a mobile medical team, you need to call 102 to report that you are in self-isolation, and you need to go to the hospital to pass a PCR test to quit self-isolation. This message is necessary in order to record the fact of departure, for no fine to be imposed.
Please notify the medical workers at the clinic of your intention to take a PCR test to be released from isolation (you will be given a special medical form to be completed). After the PCR test has been passed, the clinic sends the test results to the public health center, which in turn resends it to the Ministry of Health. Within 5 days, you will receive a message from the Ministry of your self-isolation release (if tested negative for COVID-19).
Despite aforementioned, all the foreigners entering Ukraine are obliged to have appropriate medical insurance to cover the costs for treatment of COVID-19 (in case if any).

On a positive note, if a foreigner comes from a country with the nonsignificant spread of infection, she/he does not need to be observed.
Worth noting, not subject to observation are those citizens of the countries with a high incidence of COVID-19, that have not been in the territory of these states during the last 14 days, as well as the employees of diplomatic missions and consular posts of foreign countries, members of official international missions, organizations accredited in Ukraine, their members, families, drivers and crew members of freight vehicles, crew members of aircraft and ships, river vessels, members of train and locomotive crews, participants of external independent evaluation, each accompanied by one person, if there is no reason to believe that they were in contact with a person infected with COVID-19. Also, the persons who gave consent to self-isolate using the Act at Home application are not subject to observation.

Besides, no self-isolation is necessary for the foreigners with the residence permit, both permanent and temporary, as well as the persons with the refugee status, and persons in need of protection, who are already based on the territory of Ukraine.

That foreigners who were tested negative by means of polymerase chain reaction (PCR) for COVID-19 can be released from self-isolation or observation.

Business opportunities in Ukraine exist in almost any sphere that you could think of: IT area, manufacturing, agriculture, marketing, advertising, and other services. As an employer you can benefit from Ukraine’s rich and underutilized labor pool, higher education is available to all citizens and education is compulsory here. At the same time, Ukraine is a desirable destination for global nomads who work remotely and can do their job wherever they choose, such as IT workers, designers, translators, consultants, copywriters, etc. Many of these foreigners can earn a good salary from serving Western clients and then take advantage of Ukraine’s low-cost living to enjoy comfortable lives here. Read about simplified procedure of TRP Issuance.

How Can Foreigners Stay in Ukraine Legally?

Citizens from a long list of countries can enter Ukraine without a visa: citizens of EU countries, the USA, Great Britain, Canada, Georgia, South Korea, Japan, and some other countries can stay in Ukraine for 90 days during six-month. In case of violation of this rule, a foreigner who overstays in Ukraine gets “illegal status” and thus can’t use government services, notaries and other official services. For example, foreigners who have overstayed their time in Ukraine cannot obtain a Ukrainian tax ID, get married, nor give a power of attorney to a lawyer. A foreigner who breaks the 90-day stay rule can also be fined (as per article 203 of the Code of Administrative Offences of Ukraine) or even be banned from entering Ukraine for 3 months to 3 years period. Of course, such inconveniences can considerably disrupt the business activity or the personal life of a foreigner who has been residing in Ukraine.

Official Employment in Ukraine

There are several ways for a foreigner to avoid such inconveniences and stay in Ukraine legally for a continuous period. The most common and transparent way is official employment in Ukraine. Any foreigner has a right to be employed in Ukraine if he or she obtains a work permit as per the legislation of Ukraine. After getting a work permit, a foreign citizen is eligible to apply for a temporary residence permit in Ukraine for 1 year (for the employed owners of a business in Ukraine the term may be up to 3 years) with the unlimited right to extend it (and the work permit also) each time.
Recently, the procedure of getting a work permit in Ukraine became easier to understand. The list of required documents no longer includes diplomas, criminal records clearance, and medical documents, making the permit easier to obtain. An employer now has the option to choose the term of a work permit’s validity (up to 1 year for “regular employees” and up to 3 years for owners of a business).

Being an Employee versus Registering One’s Own Business

Using employment at a company as a means of legalizing one’s stay in Ukraine does have certain risks. The foreigner is dependent on the employer and can lose the residency right in case of dismissal from the position. Conversely, using employment to legalize one’s stay in Ukraine is much easier and safer for foreigners who register their own business in Ukraine and become the director or a deputy director of their own company. Using this method, potential investors and foreigners who want to run a business in Ukraine (no matter how big or small) won’t have any problems maintaining a temporary residence in Ukraine for as long as they need. Moreover, such owners of the business can obtain temporary residence status for up to 3 years.

It’s worth noting that with the recent changes to work permit procedures, an employer in Ukraine now has relatively high expenses when employing foreign citizens as “regular employees”: the monthly salary of a foreign specialist has to be not less than 10 minimum salaries as per the legislation of Ukraine (currently it is 32,000 UAH or about $1,200) plus taxes calculated on this amount. At the same time, the owner of a business can have a minimum salary of 3,200 UAH (or about $120).

Family Reunification

Family reunification is also the reason for issuing a temporary residence permit. This can include reunification with one’s parents, a spouse who is Ukrainian and those who have already obtained permission to stay legally in Ukraine. For instance, if a foreigner has started a business in Ukraine, received a work permit and temporary residence permit, then all his family may join him and also acquire legal status in Ukraine without a need to obtain a work permit or some other legal basis for staying in Ukraine. For residence permits based on family reunification applicants need to apply for a D type visa and after that – for permanent residency in Ukraine. This is how family reunification works.
It is much easier to obtain residency if you have some family connection in Ukraine: for example, marriage to a Ukrainian, having a child who is a citizen of Ukraine or having relatives who are (were) Ukrainians or were born on the territory of Ukraine.
However, getting married to a Ukrainian citizen does not automatically grant you permanent residency: you need to prove that your marriage lasted for more than 2 years, otherwise you can only apply for a temporary residence permit.

Overseas or Foreign Ukrainian

Being an “Overseas(Foreign) Ukrainian” is another efficient mechanism that gives foreigners who identify themselves as Ukrainians, have a blood relationship with Ukrainians or someone who was born on the territory of modern Ukraine. This special status gives foreign citizens the right to get free of charge a long-term 5-year visa, an immigration permit and thus, apply for a permanent residence permit, work in Ukraine without obtaining a work permit and thus, apply for a temporary residence permit (Law of Ukraine No. 4381-VI On Foreign Ukrainians, Law of Ukraine No. 5067-VI On Employment of Population).

How to get residence permit in Ukraine?

Ukrainian legislation sets out the grounds for issuing a permanent (for life) residence permit. They include the following:
● Marriage with a citizen of Ukraine for more than 2 years
● Being a parent of a citizen of Ukraine
● Being a child of a citizen of Ukraine
● Being born on the territory of Ukraine

The aforementioned grounds are unconditional. But Ukrainian legislation also recognizes some grounds for issuing an immigration permit (and, therefore, a permanent residence permit) within the annual government-established quotas. These quotas are used in the following cases:

● Investors, who invest at least 100,000 USD in the Ukrainian economy are permitted to apply for an immigration permit and, thus, receive a permanent residence permit;
● Scientists and cultural activists, Ukraine is interested in;
● Brothers, sister, grandparents or grandchildren of Ukrainian citizens;
● Parents, spouses, and minors of immigrants to Ukraine;
● Highly-qualified specialists in high demand in Ukraine.

Additionally, Ukraine currently supports repatriation processes and provides possibilities for acquiring special status for those foreigners who used to be citizens of Ukraine in the past.

To acquire residency in Ukraine (temporary or permanent) foreign citizens need to obtain a D type visa at a Ukrainian consulate abroad. This is one of the steps for obtaining a residence permit. The cost of such a visa differs. It depends on your country and is based on the principle of reciprocity (i.e., the cost of visas in your country for Ukrainian citizens). Exceptions to this requirement include citizens of Belarus, Georgia, Moldova, Azerbaijan, Uzbekistan, Armenia, and Russia, who do not need to obtain a D type visa for residency.

The good news is that obtaining a temporary or permanent residence permit provides you with almost the same scope of rights and duties that a Ukrainian citizen has. Those foreigners who obtain a permit may stay within the territory of Ukraine, leave and re-enter the country within the validity term of their permit, work, study, and obtain government services. But foreign citizens, willing to acquire legal status in Ukraine, need to remember that any violation of the laws of Ukraine related to the legal status of a foreigner (including overstaying in the country, providing of forged documents or false information) may result in forced expulsion from Ukraine and a ban on re-entering.