LAW OF UKRAINE

of June 7, 2001 No. 2491-III

About immigration

This Law determines conditions and procedure for immigration to Ukraine of foreigners and stateless persons.

Section I General provisions

Article 1. Determination of terms

In this Law the terms below are used in the following value:

immigration is arrival in Ukraine or intention to remain in Ukraine in the procedure for foreigners and stateless persons established by the law on permanent residence;

the immigrant - the foreigner or the stateless person who got permission to immigration and arrived to Ukraine to permanent residence or, staying in Ukraine on legal causes, got permission to immigration and remained in Ukraine on permanent residence;

the quota of immigration is extreme number of foreigners and stateless persons which is provided to provide permission to immigration within calendar year;

permission to immigration - the decision the granting right to foreigners and stateless persons on immigration;

the long-term visa - the permission necessary for entrance of the foreigner and the stateless person to the permanent place of residence provided by authorized body of Ukraine in the form established by the legislation to Ukraine;

legal representatives are parents, adoptive parents, parents tutors, guardians, custodians, representatives of institutions, the acting as guardians and custodians.

Article 2. Legislation on immigration

Questions of immigration are regulated by the Constitution of Ukraine, this Law and other regulatory legal acts which shall not them contradict.

If the international treaty of Ukraine which consent to be bound is this the Verkhovna Rada of Ukraine establishes other rules, than those which contain in this Law then are applied rules of the international treaty of Ukraine.

Article 3. Legal status of the immigrant

Legal status of the immigrant in Ukraine is determined by the Constitution of Ukraine, this Law, other laws of Ukraine and regulatory legal acts adopted according to them.

Article 4. Immigration quota

Permission to immigration is provided within immigration quota.

The quota of immigration is established by the Cabinet of Ministers of Ukraine in the procedure determined by it on categories of immigrants:

1) scientists and cultures which immigration is equitable to interests of Ukraine;

2) highly qualified specialists and workers, sharp requirement for whom is notable for economy of Ukraine;

3) persons which performed foreign investment in economy of Ukraine the foreign converted currency a minimum of 100 (hundred) thousand US dollars;

4) persons who are the only-begotten brother or the sister, the grandfather or the grandma, the grandson or the granddaughter of citizens of Ukraine;

5) the faces which were earlier consisting in citizenship of Ukraine;

6) parents, husband (wife) of the immigrant and his minor children;

7) No. 5453-VI is excluded according to the Law of Ukraine of 16.10.2012

8) persons who were continuously living in the territory of Ukraine within three years from the date of establishment by it of the status of person which was affected by human trafficking;

9) persons which served in the Armed Forces of Ukraine, the Public special service of transport, National guard of Ukraine three and more years;

10) persons who served in the Armed Forces of Ukraine to the Public special service of transport and National guard of Ukraine (irrespective of the term of military service) and were acknowledged as the military-medical commissions unsuitable to military service for health reasons by results of diseases, wounds (injuries, contusions, the injuries) sustained in case of fulfillment of duties of military service.

Permission to immigration out of quota of immigration is provided:

1) to one of spouses if other of spouses to whom he is married more than two years is citizen of Ukraine, to children and parents of citizens of Ukraine;

2) to the persons who are guardians or custodians of citizens of Ukraine, or being under guardianship or care of citizens of Ukraine;

3) to persons having the right to acquisition of citizenship of Ukraine on territorial origin;

4) to persons whose immigration constitutes state interest for Ukraine;

5) to foreign Ukrainians, spouses of foreign Ukrainians, their children in case of their joint entrance and stay in the territory of Ukraine;

6) to the persons without citizenship living in the territory of Ukraine based on the residence permit within two years from the date of recognition by their stateless persons.

The Section II of Power of the bodies providing accomplishment of the legislation on immigration

Article 5. Powers of the Cabinet of Ministers of Ukraine

Cabinet of Ministers of Ukraine:

1) is determined by procedure for forming of quota of immigration and establishes immigration quota for each calendar year;

2) is determined by procedure for production by statements for provision of permissions to immigration and ideas of cancellation of permissions to immigration and accomplishment of the made decisions;

3) is approved by type sample on permanent residence, governed procedure for its registration and issue.

Article 6. Powers of the central executive body which realizes state policy in the sphere of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, refugees and other categories of migrants determined by the legislation

The central executive body which realizes state policy in the sphere of migration (immigration and emigration), including counteractions of illegal (illegal) migration, nationality, registration of physical persons, refugees and other categories of migrants determined by the legislation:

1) will organize work on reception of applications together with the documents determined by this Law concerning provision of permission to immigration from persons who are in Ukraine on legal causes;

2) organizes work on check of correctness of document creation concerning provision to permission to immigration, accomplishment of conditions for provision of such permission, lack of the bases for refusal in its provision;

3) organizes work on decision making about provision of permission to immigration, about refusal in provision of permission to immigration, about cancellation of permission to immigration and issue of copies of these decisions to persons which they concern;

4) organizes work on issue and withdrawal in the cases provided by this Law, types on permanent residence;

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