According to Article 3 of the Law of Ukraine ”On Legal Status of Foreigners and Persons without Citizenship” of 04.02.1994, № 3929-XII, foreigners and persons without citizenship who immigrated for permanent residence should obtain a permanent residence permit.
The order of issue of a permanent residence permit for permanent residence and other matters related to the immigration of foreigners and persons without citizenship determined by the Law of Ukraine “On Immigration” from 07.06.2001, № 2491-III.
According to a specified legal act permanent residence permit is a document that confirms the right of a foreigner or person without citizenship for permanent residing in Ukraine.
The main advantages of permanent residence permit obtaining for foreign nationals should be highlighted here: no need for a visa to enter Ukraine (for citizens from countries for which visa is set to enter the territory of Ukraine), terms of stay in Ukraine are not limited by the periods of short-term stay in Ukraine (90 to 180 days from the date of first entry), no need for work permit for legal employment of a foreigner and the lack of restrictions on combining positions conditioned by work permit and other benefits.
Specificity is that an obtaining a permanent residence permit requires certain grounds specified by law (the foreign citizen must meet certain criteria to be able to get a permit for permanent residence).
Moreover, the number of foreign citizens who can obtain a permanent residence permit in some cases is limited with the annual immigration quota.
The immigration quota is set for the following categories of persons:
1. Scientists and cultural workers, whose immigration is in the interests of Ukraine;
2. Highly qualified specialists and workers whose immigration is in critical need of Ukraine;
3. Persons who have made foreign investment in Ukraine economy with foreign currency convertible for at least 100 000.00 (one hundred thousand) U.S. dollars, registered in the order specified by the Cabinet of Ministers of Ukraine;
4. Persons who are brother or sister, grandfather, grandmother, or grandchild of citizens of Ukraine;
5. Persons who previously were the citizens of Ukraine;
6. Parents, husband (wife) of immigrant and his under age children;
7. Persons who have lived continuously at the territory of Ukraine for three years from the granting them of refugee or asylum status in Ukraine, as well as their parents, husbands (wives) and under age children residing with them.
Besides the immigration quota the following categories of persons may obtain the permanent residence permit:
1. One of the spouses if the other spouse, whom he married more than two years, is a citizen of Ukraine, children and parents of citizens of Ukraine as well;
2. Those persons who are guardians or trustees of citizens of Ukraine, or are under guardianship or care of citizens of Ukraine;
3. Persons entitled to citizenship of Ukraine for the territorial origin;
4. Those persons whose immigration is of state interest for Ukraine;
5. Foreign Ukrainians, Ukrainian foreign spouses and their children in case of their joint entry and stay in Ukraine.
The order of issue of permanent residence permit in Ukraine is defined in Article 11 of the Law of Ukraine “On Immigration”.
A foreign citizen who meets the criteria defined by law, can get the immigration permit in the respective body of Immigration. After receiving immigration permit a foreign citizen residing outside of Ukraine should appeal to the diplomatic and consular missions of Ukraine and obtain an immigrant visa that is valid for a year from the date of registration.
On the basis of the visa foreigner enters the territory of Ukraine in the order prescribed and within five working days from date of arriving at the territory of Ukraine a person must apply for temporary residence permit to the bodies of Immigration and Registration of Persons (in the past OGIRFO, OVIR) with application for granting him a permanent residence permit.
The documents required to obtain a permanent residence permit in Ukraine may vary depending on which criterion a foreign citizen is entitled to receive the specified permit.