Law of Ukraine on Immigration (2001) (English)
LAW OF UKRAINE ON IMMIGRATION
This Law determines conditions and procedure of the immigration of aliens and stateless individuals into Ukraine.
Section I. GENERAL PROVISIONS
Article 1. Definition of Terms
The terms listed below shall have the following meanings, when used herein:
'immigration' shall be understood as arrival at Ukraine or stay in Ukraine of aliens and stateless individuals according to the established procedure with the purpose of the permanent residence;
'immigrant' shall be understood as an alien or a stateless individual, who has obtained an immigration permit and arrived at Ukraine for the permanent residence or, while staying legally in Ukraine, obtained an immigration permit and stayed in Ukraine for the permanent residence;
'immigration quota' shall be understood as the planned ultimate number of foreigners and stateless individuals, who can obtain immigration permits within a calendar year;
'immigration permit' shall be understood as a decision of a specifically authorised central executive agency for immigration and bodies reporting thereto, which vests aliens and stateless individuals with the right to immigrate;
'permanent residence card' shall be understood as a document confirming the right of an alien or a stateless individual to the permanent residence within Ukraine;
'immigration visa' shall be understood as a mark in a passport confirming the right of an alien or a stateless individual to enter Ukraine for the permanent residence;
'passport document' shall be understood as a document issued by authorised agencies of a foreign state or authorised agencies, specialised institutions or other autonomous organisations of the UN system, which confirms the citizenship of an alien, identifies the personality of an alien or a stateless individual, allows the exit abroad and is recognised by Ukraine;
'legal agents' shall be understood as parents, adoptive parents, foster parents, guardians, trustees, and representatives of institutions acting as guardians and trustees.
Article 2. Immigration Legislation
The issues of the immigration shall be governed by the Constitution of Ukraine ( 254k/96-VR ), this Law and other regulations, which should not contradict them.
If an international treaty of Ukraine accepted as binding by the Supreme Council (Parliament) of Ukraine specifies rules other than those hereof, then the rules of Ukraine's international treaty shall apply.
Article 3. Legal Status of an Immigrant
The legal status of an immigrant in Ukraine shall be determined by the Constitution of Ukraine, this Law, other laws of Ukraine, and regulations issued in accordance with them.
Article 4. Immigration Quota
An immigration permit shall be issued within the scope of the immigration quota.
The immigration quota shall be specified by the Cabinet of Ministers of Ukraine according to the procedure established by the same for the following categories of immigrants:
1) scientists and cultural workers, whose immigration is in line with interests of Ukraine;
2) specialists and workers with high qualification, who are acutely needed for the economy of Ukraine;
3) individuals, who made a foreign investment into the economy of Ukraine in the foreign convertible currency in the amount of at least one hundred thousand (USD 100,000) US dollars registered according to the procedure specified by the Cabinet of Ministers of Ukraine;
4) individuals being full a brother or sister, a grandfather or grandmother, or a grandchild of citizens of Ukraine;
5) individuals, who have been citizens of Ukraine earlier;
6) parents, a spouse of an immigrant and his/her minor children;
7) individuals, who have uninterruptedly resided on the territory of Ukraine for three years since the date of their obtaining the refugee status in Ukraine or the asylum in Ukraine, as well as their parents, spouses and minor children residing together with them.
An immigration permit shall be issued in excess of the immigration quota to the following parties:
1) a spouse, if another spouse, to whom the former has been married since two years, is a citizen of Ukraine, children and parents of citizens of Ukraine;
2) individuals being guardians or trustees of citizens of Ukraine or those being under guardianship or trusteeship of citizens of Ukraine;
3) individuals entitled to the citizenship of Ukraine by virtue of their territorial origin;
4) individuals, whose immigration is of state interest for Ukraine.
Section II. AUTHORITY OF BODIES ENSURING THE ENFORCEMENT OF THE IMMIGRATION LEGISLATION
Article 5. Powers of the Cabinet of Ministers of Ukraine
The Cabinet of Ministers of Ukraine shall:
1) determine the procedure of the formation of the immigration quota and specify the immigration quota for each calendar year;
2) specify the procedure of processing the applications for immigration permits and requests for the cancellation of immigration permits, and the enforcement of the decisions made;
3) approve the specimen of the permanent residence card, rules and procedure of the issue thereof.
Article 6. Powers of the Specifically Authorised Central Executive Agency for Immigration and Bodies Reporting Thereto
The specifically authorised central executive agency for immigration and bodies reporting thereto shall:
1) receive applications for immigration permits accompanied with documents required hereby from individuals staying in Ukraine legally;
2) verify the correctness of the issue of documents related to the issuance of immigration permits, the compliance with conditions of such a permit, the lack of circumstances resulting in the denial of such a permit;
3) make decisions on granting the immigration permit, denying the immigration permit, cancelling the immigration permit, and issue copies of such decisions to the individuals concerned;
4) issue and withdraw permanent residence cards in cases covered hereby;
5) register individuals, who have submitted applications for immigration permits, and individuals, who have obtained such permits.
Article 7. Powers of Diplomatic Representatives and Consular Institutions of Ukraine
Diplomatic representatives and consular institutions of Ukraine shall:
1) receive applications for immigration permits accompanied by documents specified hereby from individuals residing permanently outside Ukraine, verify the correctness of the issue thereof, and send them to the specifically authorised central executive agency for immigration via the Ministry of Foreign Affairs of Ukraine;
2) issue copies of decisions on granting or denying immigration permits to the individuals concerned;
3) issue immigration visas to individuals being in possession of immigration permits.
Article 8. Powers of Other Executive Agencies in the Field of Immigration
The central executive agency for labour and social policy shall approve on an annual basis a list of specialities and qualification requirements for specialists and workers, the need for whom can be satisfied by the immigration.
The central executive agency for the health care shall approve a list of contagious diseases constituting the basis for the denial of an immigration permit.
Other executive agencies shall enforce the immigration legislation within their competence.
Section III. ISSUE OF AN IMMIGRATION PERMIT AND ISSUE OF A PERMANENT RESIDENCE CARD
Article 9. Submission of an Application for an Immigration Permit
Applications for immigration permits shall be submitted by:
1) individuals permanently residing outside Ukraine to diplomatic representatives and consular institutions of Ukraine abroad in places of their permanent residence;
2) individuals staying in Ukraine on a legal basis to bodies of the specifically authorised central executive agency for immigration at their place of residence.
An applicant shall submit the application for an immigration permit in person to the relevant state authority. Subject to good reasons (applicant's illness, natural disaster, etc.), the application may be sent by mail or handed in by another person on the basis of the applicant's notarised letter of attorney.
Legal agents shall submit applications for immigration permits on behalf of minor persons or persons declared legally incapable according to the established procedure.
In case of the immigration of one of the parents accompanied by minor children, he/she shall submit a notarised statement of the spouse that the latter does not object to the immigration of children together with the father (mother). Lacking such a consent, the father (mother) must produce a decision of the relevant state authority on leaving children with the father (mother). The said decision must be legalised by a consular institution of Ukraine, unless otherwise provided by Ukraine's international treaty.
An application for an immigration permit shall be accompanied by the following documents:
1) three photographs;
2) a copy of the personal identification document;
3) a document stating the place of residence of the applicant;
4) information about the structure of the family, a copy of the marriage certificate (if the applicant is married);
5) a document confirming that the applicant does not suffer from chronic alcoholism, is not addicted to toxic substances or drugs, is not ill with a contagious disease included in the list approved by the central executive agency for the health care.
Item 5 shall not apply to individuals listed in items 1 and 3 of part three of Article 4 hereof.
The following documents shall be submitted in addition to documents listed above:
1) a document confirming the support to their application on the part of the central executive agency of Ukraine shall be provided by individuals listed in item 1 of part two of Article 4 hereof;
2) copies of documents confirming the compliance of the qualification level of a specialist or a worker with requirements stated in the list approved by the central executive agency for labour and social policy shall be provided by individuals listed in item 2 of part two of Article 4 hereof;
3) a copy of the document on the state registration of the foreign investment into the economy of Ukraine in the form of the foreign convertible currency in the amount of at least one hundred thousand US dollars (USD 100,000) shall be submitted by individuals listed in item 3 of part two of Article 4 hereof;
4) copies of documents confirming the family relationship with a citizen of Ukraine shall be submitted by individuals listed in item 4 of part two and item one of part three of Article 4 hereof;
5) a document confirming the fact that the individual in question was a citizen of Ukraine earlier shall be submitted by individuals listed in item 5 of part two of Article 4 hereof;
6) copies of documents confirming the family relationship with the immigrant and a document confirming the fact that the immigrant does not object to their immigration and guarantees them the financial support at a level not lower than the minimum living wage specified in Ukraine shall be submitted by individuals listed in item 6 of part two of Article 4 hereof;
7) a copy of the document confirming the individual's status of a refugee in Ukraine or the fact that the asylum has been granted to the individual in question in Ukraine, and a document confirming the uninterrupted legal stay of the individual on the territory of Ukraine during three years since the individual was granted the refugee status or asylum in Ukraine shall be submitted by individuals listed in item 7 of part two of Article 4 hereof;
8) copies of documents confirming the appointment of individuals as guardians or trustees of citizens of Ukraine or their being under the guardianship or trusteeship on the part of a citizen of Ukraine shall be submitted by individuals listed in item 2 of part three of Article 4 hereof;
9) documents confirming that the individual in question or at least one of their parents or grandparents, a full brother or sister had been born or permanently resided before 16 July 1990 in an area that later became the territory of Ukraine in accordance with Article 5 of the Law of Ukraine "On Succession of Ukraine" (1543-12), as well as in other areas, which had belonged to the Ukrainian People's Republic, Western Ukrainian People's Republic, the Ukrainian State, the Ukrainian Socialist Soviet Republic, Transcarpathian Ukraine, the Ukrainian Soviet Socialist Republic (URSR) shall be submitted by individuals listed in item 3 of part three of Article 4 hereof;
10) a statement of the central executive agency of Ukraine that the immigration of the individual in question is of state interest for Ukraine shall be submitted by individuals listed in item 4 of part three of Article 4 hereof.
Individuals, who reside permanently outside Ukraine, except for individuals listed in items 1 and 3 of part 3 of Article 3 hereof, shall also submit a certification of the lack of previous convictions together with their application for an immigration permit.
If laws of Ukraine provide for the payment of a state or consular duty on actions related to the issue of an immigration permit, a document confirming the payment thereof shall be submitted together with the application.
In case of the applicant's failure to submit all the documents required hereby, the immigration permit application shall be rejected.
The time for consideration of an application for an immigration permit may not exceed one year of the submission date.
Article 10. Grounds for Denying an Immigration Permit
The immigration permit shall be denied to:
1) individuals sentenced to the imprisonment of longer than one year for an action recognised as an offence by laws of Ukraine, unless the conviction has been cancelled or cleared according to the procedure specified by law;
2) individuals, who have committed offences against peace, war crimes or offences against humanity and mankind as defined by the international law, or are being retrieved in connection with their committing an action recognised as grave offence by laws of Ukraine, or being subject to criminal proceedings, unless the preliminary investigation of the case is completed;
3) individuals suffering from chronic alcoholism, addiction to toxic substances and drugs, or ill with contagious diseases included in the list approved by the central executive agency for the health care;
4) individuals, who deliberately provided false information in their applications for immigration permits or submitted counterfeited documents;
5) individuals prohibited from entering the territory of Ukraine on the basis of a law;
6) in other cases covered by laws of Ukraine.
Provisions of items 1 and 3 shall not apply to individuals listed in items 1 and 3 of part three of Article 4 hereof.
Article 11. Procedure of Immigrants' Entry to Ukraine and the Issue of the Permanent Residence Card
Diplomatic representatives or a consular institution of Ukraine shall issue an immigration visa valid during one year after the issue date to an individual residing permanently outside Ukraine and being in possession of an immigration permit on the basis of such individual's request. The said individual shall enter the territory of Ukraine according to the procedure specified by laws of Ukraine.
Upon the immigrant's arrival at Ukraine, he/she shall apply for a permanent residence card to a body of the specifically authorised central executive agency for immigration at the place of residence within five working days. The application shall be supported by a copy of the applicant's passport document with the immigration visa in it and a copy of the decision on granting the immigration permit.
Within one week of receipt of the application, a body of the specifically authorised central executive agency for immigration shall issue a permanent residence card to the immigrant.
A body of the specifically authorised central executive agency for immigration at the place of residence shall issue a permanent residence card to an individual staying legally in Ukraine and being in possession of an immigration permit within one week of the submission of an application therefor by the said individual.
Section IV. CANCELLING THE IMMIGRATION PERMIT AND EXPELLING FROM UKRAINE
Article 12. Grounds for the Cancellation of an Immigration Permit
An immigration permit may be cancelled by the agency, which has issued the same, if:
1) it has been ascertained that the permit was issued on the basis of knowingly false information, counterfeited or invalidated documents;
2) the immigrant is convicted in Ukraine for the imprisonment for more than one year and the court sentence has come into force;
3) actions of the immigrant threaten the national security of Ukraine and public order in Ukraine;
4) this is necessary to protect health, rights and legitimate interests of citizens of Ukraine;
5) the immigrant violated the legislation on the legal status of aliens and stateless individuals;
6) in other cases covered by laws of Ukraine.
Article 13. Withdrawal of the Permanent Residence Card, Exit from Ukraine and Being Expelled from Ukraine
A body of the specifically authorised central executive agency for immigration at the place of residence of the individual being subject to the decision to cancel the immigration permit shall send a copy of the said decision to such an individual within one week of the receipt of the same and withdraw the permanent residence card from such an individual.
The individual being subject to the decision to cancel the immigration permit must leave Ukraine within one month of the receipt of a copy of the said decision.
If such an individual failed to leave Ukraine within the specified time frame, he/she shall be expelled according to the procedure specified by laws of Ukraine. In case of the cancellation of the immigration permit of an individual, who enjoyed the refugee status in Ukraine, such an individual may not be expelled to or coerced into returning to the country, where the life or freedom of such an individual is endangered due to his/her race, ethnic origin, religious affiliation, citizenship (nationality), affiliation with a certain social group or political convictions.
If the individual has disputed the decision to cancel the immigration permit with the court of law, the decision to expel such an individual may not be made until the court decision comes into force.
In case of the cancellation of the immigration permit and the withdrawal of the permanent residence card due to the conviction to the imprisonment on the basis of a court sentence, the individual shall leave Ukraine within one month of serving his/her term.
If the individual, in whose respect a decision was made to deny the immigration permit, has lost other legal grounds for staying in Ukraine while such individual's application has been considered, then provisions of parts two to four of this article shall apply to such an individual.
Article 14. Repeated Submission of an Application for an Immigration Permit
An individual may submit a repeated application for an immigration permit not earlier than in one year after the denial or cancellation of the immigration permit.
Article 15. Disputing Immigration Decisions, Actions or Inaction of State Authorities, Officers and Officials
Actions and inaction of officials and officers, which violate the procedure and time frames of the consideration of immigration permit applications, decisions made by the specifically authorised central executive agency for immigration and bodies reporting thereto may be disputed at the court of law according to the established procedure.
Section V. FINAL PROVISIONS
1. This Law shall become effective in one month of the date of its publication.
2. Within two months of this Law's becoming effective, the Cabinet of Ministers of Ukraine shall:
- prepare and submit to the Supreme Council (Parliament) of Ukraine for consideration the proposals on bringing the legislative acts of Ukraine in compliance with this Law;
- adopt regulations required for the enforcement hereof;
- bring its regulations in compliance with this Law;
- cause central executive agencies of Ukraine to bring their regulations in compliance with this Law.
3. The President of Ukraine shall be advised to specify the central executive agency, which will exercise functions of the specifically authorised central executive agency for immigration, and to bring his acts in compliance with this Law.
4. The following individuals shall be deemed to be in possession of a permit for immigration into Ukraine:
- aliens and stateless individuals, who arrived at Ukraine for the permanent residence prior to this Law's becoming effective and have a mark of propiska (residence registration) in Ukraine in their passports of a citizen of the former USSR of the type approved in the year 1974 or have received a of a permanent resident of Ukraine;
- aliens and stateless individuals, who had been forced to leave their permanent places of residence in the Autonomous Republic of Abkhazia in Georgia, came to Ukraine, received a temporary card according to the established procedure, resided in Ukraine at least five years, and applied within six months of this Law's becoming effective for the permanent residence card of Ukraine;
- aliens and stateless individuals, who arrived at Ukraine prior to 06 March 1998 on the basis of the Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Union of Soviet Socialist Republics of 02 April 1981 allowing the Vietnamese citizens to receive professional training and to work in enterprises and organisations of the USSR and applied within six months of this Law's becoming effective for the permanent residence card of Ukraine;
- aliens and stateless individuals, who arrived at Ukraine as orphan children in connection with armed conflicts in places of their permanent residence, and have been or are being reared in state-owned children-care institutions or family-type orphanages, and who are or have been under the guardianship or trusteeship of citizens of Ukraine.
Permanent residence cards shall be issued to the individuals listed in item 4 of the Final Provisions on the basis of their applications or applications of their legal representatives without the issue of immigration permits. Articles 12 to 15 hereof shall apply to such individuals.
L. Kuchma, President of Ukraine
City of Kyiv,
June 07, 2001