Changes in the migration regulation: an amended version of Resolution of the Cabinet of Ministers of Ukraine of December 26, 2002, № 1983

On January 25 of this year, amendments were made to Resolution No. 1983 of the Cabinet of Ministers of Ukraine, dated December 26, 2002.

The most obvious change is the name. The Resolution received a new title, “Certain Issues in the Field of Immigration”. Previously it had a lengthy name “On Approval of the Procedure for Forming the Immigration Quota, the Procedure for Considering Applications for Immigration Permit and Applications for its Cancellation and Implementation of Decisions Taken”.

Moreover, the amendments include a new section, entitled, Procedure for verifying the circumstances under which the fact of being married to a citizen of Ukraine or an immigrant is not recognized as a basis for granting an immigration permit, so-called fictitious marriage checks. They also provide for specific changes in how the immigration quota is being formed and on the procedure for considering applications for immigration permits.

Marriage Verification

Finally, there will be a clear procedure for undergoing marriage verification for individuals wishing to immigrate to Ukraine. This procedure was introduced by the law “On Immigration” this summer. According to the general procedure, both individuals married to citizens of Ukraine and those married to immigrants can immigrate to Ukraine.

The verification consists of two parts: the interview and the test part, both for the applicant and their spouse.

It is envisaged that the questions for the interview and tests will be created for each couple by using information from the application for immigration permit itself, documents submitted by the applicant or received during the consideration of such application, and other sources from a fairly wide range. Relatives, neighbors, and other individuals who, in the opinion of the authorities, have sufficient information about the couple may also be interviewed.

The test consisting of 45 uniform questions is to be taken by both partners simultaneously. Information about religion, culture, age gap, previous marriages, and other details of their background may be used. A test result will be  considered as successful in case of 90% accuracy rate.

Such verification procedures are aimed at the practice of sham marriages in Ukraine. What we can say is that even couples married for decades may not know each other that well to pass a test with a 90% success rate required. In our opinion, it can be a considerable obstacle in obtaining an immigration permit in Ukraine.

Immigration quotas

Despite the amendments to the Law “On immigration” made back in the summer, the named regulation was amended in accordance with the Law recently.

There have been changes made regarding the immigrants’ families. With the immigrant, his or her minor children and spouse of more than 2 years can migrate. The requirement for the marriage to be 2 years has been introduced for the first time.

However, for the spouses of highly qualified specialists, there is no such requirement given that the family arrived in Ukraine together. For highly qualified specialists and their family members, provided they arrive in Ukraine simultaneously, the requirement to submit a certificate of no criminal record has also been removed.

Disabled parents of immigrants who are considered family members according to the law of the country of origin have been added to the list of individuals eligible to immigrate. Disabled parents of highly qualified specialists and workers can immigrate, but after their children have obtained immigrant status.

As of now, we cannot say how the disabled parent immigration procedure will operate. For example, for many years, disabled parents have been included in the list of family members of foreigners eligible for a temporary residence permit based on family reunification. However, this basis for obtaining a visa and a temporary residence permit does not function at all.

Procedural changes

• – Unlike under the old procedure, setting quotas for immigration today will not occur within defined deadlines at the beginning of the year. It will depend on the timing of mass immigration to Ukraine. This allows the state to consider the current situation with the influx of those wishing to immigrate to Ukraine and make decisions based on current needs rather than previous approximate calculations. The previous mechanism for setting quotas was quite transparent. The new procedure for setting quotas raises concerns about the unpredictable establishment of barriers and restrictions on immigration by the State Migration Service.
• – From now on, the procedure for verifying documents confirming the qualifications of highly qualified specialists and workers is handled solely by the Ministry of Economy, not a range of authorities as it was before. Besides the Ministry, there were also structural units of economic development, trade, and investment attraction of regional, Kyiv, and Sevastopol city state administrations. Potentially, this may reduce the time to obtain an approval document for the application.
• – According to the new edition of the Resolution, the State Migration Service is entitled to check a potential immigrant for the absence of financial obligations to the state, individuals, or legal entities. In case information about such obligations (unpaid fines, taxes, unfulfilled court decisions, etc.) is known to the State Migration Service, an applicant will not be granted immigration permission.
• – Now, the resolution explicitly states the possibility for all applicants to submit an application through a legal representative (parents, guardians, custodians).
• – The requirements regarding the list of documents have been modified for individuals who were previously citizens of Ukraine and stateless persons.
• – The decision to grant an immigration permit now has no expiration date, unlike the ones issued according to the previous edition. Moreover, the permit can now be revoked upon the immigrant’s request; such grounds to have a permit revoked were introduced this summer in the Law, but the procedure has been established recently.
• – The new edition of the Resolution specifies certain powers of the State Migration Service and the requirements for them.

Despite the changes introduced, immigration remains a complex process that requires thorough examination of legal details.

If you’re uncertain about your next steps in the immigration process to Ukraine, feel free to reach out to our specialists for assistance. We’re here to help you, and we’ll be happy to guide you through the process.