PATHWAYS TO LEGAL IMMIGRATION TO UKRAINE

Ukraine is facing a shortage of labour already. During the post-war recovery, this shortage will become even more acute. However, our bureaucracy is not ready and is not preparing to attract workforce from other countries, even though this is the fastest way to solve the increasing challenges of the labour market.

Foreigners who arrive in Ukraine for more than a short-term visit can be divided into two categories: those who stay in Ukraine temporarily and those who immigrate to Ukraine. The first category is documented by temporary residence permits, while the second category is documented by permanent residence permits. According to Ukrainian legislation, it is the second category of foreigners who are immigrants granted an indefinite permit to immigrate to Ukraine before obtaining a residence permit.

Legal Grounds for Obtaining an Immigration Permit to Ukraine

One cannot immediately move to Ukraine for permanent residence, a foreigner must initially meet one of the following criteria:

– to be married to a Ukrainian citizen for more than two years or to be married to a person who already has an immigration permit;

– Ukrainian citizenship of the immigrant’s child;

– Ukrainian ancestry (when a foreigner, their parents, grandparents, great-grandparents or their siblings, son or daughter, grandson or granddaughter were born or permanently resided in Ukraine before 24 August 1991);

– individuals whose immigration is of national interest to Ukraine, including scientists and cultural figures;

– foreign Ukrainians who have the appropriate documentation;

– investors who have invested more than USD 100,000 in the authorised capital of a Ukrainian company;

– persons who have served in the Ukrainian army for more than three years;

– highly skilled professionals and workers, whose urgent need is tangible for the Ukrainian economy, and their families (e.g. IT specialists);

– former citizens of Ukraine.

In order to obtain an immigration permit, a foreigner must confirm their place of residence in Ukraine, the legitimacy of their stay in Ukraine and provide evidence that they do not suffer from a number of infectious diseases, alcoholism or drug addiction. In addition, a foreigner immigrating to Ukraine must not have a criminal record for an offence which resulted in imprisonment for more than one year. Consideration of the foreigner’s documents and decision-making on their immigration to Ukraine is carried out under the latest amendments to the legislation within six months.

After obtaining an immigration permit, a foreigner is documented with a permanent residence permit in Ukraine, which is required to be renewed every ten years.

Immigration Quota for Ukraine

The number of foreigners who are allowed to immigrate to Ukraine is not unlimited, as the State Migration Service may limit it by setting quotas for each category of immigrants.

Some immigrants are not subject to the quota limits. For example, those who obtain permanent residence due to having a child who is a citizen of Ukraine, as well as marriage to a citizen of Ukraine, or due to Ukrainian ancestry.

However, the Cabinet of Ministers may set a quota for other categories of immigrants upon the proposal of the State Migration Service in the event of a massive arrival of immigrants to Ukraine. However, the new version of the Law of Ukraine “On Immigration” defines the mass arrival of migrants as a situation when the share of immigrants will exceed 10% of the total population of Ukraine.

Labour Migration: Can It Be Rampant?

When it comes to foreigners, who come to Ukraine for employment purposes, they cannot count on obtaining an immigration permit and the right to permanent residence in Ukraine. Only recently, the legislation allowed such individuals to apply for an immigration permit after five years of legal residence in Ukraine.

Labour migrants receive temporary residence permits pursuant to a work permit in Ukraine, which must be issued for them by their future employer. In other words, under the current legislation, a foreigner must arrive in Ukraine with the intention of working in a designated position for a predetermined employer.

A work permit in Ukraine is issued for a period of up to two years, subject to the foreigner’s recruitment for a specified job and payment of at least the minimum wage and relevant taxes. The employer pays a substantial state fee to obtain such a permit. This year, the fee is over UAH 21,000 for a two-year work permit for a foreigner.

The State Employment Service monitors compliance with the terms and conditions of employment of foreigners and inspects whether they are being paid wages and relevant taxes are being withheld. Such control disciplines employers, and if they violate the requirements, they may be restricted in their right to issue work permits for foreigners for a period of one year.

The employment of foreigners in Ukraine without a work permit does not give them the right to reside in Ukraine and obtain a residence permit and is a manifestation of irregular migration.

Obviously, the current mechanism for attracting foreign workforce to Ukraine does not facilitate the mass migration of labour migrants to our country, as it is not easy and requires a range of conditions. Indeed, a foreigner must find a job or be invited to work in Ukraine while staying abroad. In other words, a potential legal labour migrant, as a rule, does not come to Ukraine to look for a job, but must already have a job offer when obtaining a visa to Ukraine and crossing the state border.

This procedure leads to the fact that a large number of labour migrants currently work in Ukraine without a work permit and, accordingly, without a residence permit, which does not contribute to the protection of the rights of both foreigners and Ukrainian citizens.

In my opinion, given Ukraine’s stated need for labour migrants, the approach to granting permission for foreigners to work in Ukraine will soon need to be reconsidered. It would be advisable to grant qualified foreigners the right to work in Ukraine in a certain field with the subsequent independent search for an employer here. This model is used in EU countries and will help Ukrainian employers meet their labour needs expeditiously.

After Five Years of Employment, One Can Immigrate to Ukraine

Recent amendments to the Law “On Immigration” have provided for the possibility of obtaining an immigration permit by a foreigner who has been continuously residing in Ukraine for five years against a temporary residence permit. This rule applies, in particular, to migrant workers.

In order to obtain the right to permanent residence in Ukraine, a labour migrant will need to prove that they have resided in Ukraine legally on the basis of a residence permit, have not left Ukraine for more than 180 days in total in a year and have not left Ukraine for more than 90 days in one trip.

In my view, this new provision of the law is very relevant and will encourage legal and regulated labour migration to Ukraine. Indeed, the prospect of obtaining permanent residence in Ukraine in five years will motivate foreigners to come to Ukraine legally and to draw up all documents as required by the current legislation.

Who is Eligible for Ukrainian Citizenship

Ukrainian legislation provides for the right of foreigners to apply for citizenship, provided they have obtained a permit to immigrate to Ukraine and have resided in Ukraine for five years. The latter requirement does not apply to foreigners who have been married to a Ukrainian citizen for more than two years.

In addition to meeting the above criteria, such foreigners must pass an exam on the fundamentals of the Constitution of Ukraine, the history of Ukraine, and an exam on the level of proficiency in the Ukrainian language.

Acquisition of citizenship is not a speedy process, and the final decision on it is made by the President of Ukraine upon the proposal of the Citizenship Commission.

It is worth noting that over the past five years, the President has not issued any decrees on granting Ukrainian citizenship (except for decrees on persons considered to be of national interest to Ukraine). As a result, it created a long queue of people who have applied for Ukrainian citizenship in recent years and are still waiting for a decision.

I believe that this issue will be resolved as soon as possible, as transparent and fast immigration and citizenship procedures will attract highly qualified personnel to Ukraine, whose efforts will definitely be appreciated during the post-war reconstruction of Ukraine.

Originally published on 08 September 2023 here:

https://zn.ua/ukr/POLITICS/jak-zakonno-immihruvati-v-ukrajinu.html