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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:

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:

An immigration permit shall be issued in excess of the immigration quota to the following parties:

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:

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:

Article 7. Powers of Diplomatic Representatives and Consular Institutions of Ukraine

Diplomatic representatives and consular institutions of Ukraine shall:

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:

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:

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:

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:

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:

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:

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:

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