Immigration Law

Legal stay of a foreign citizen on the territory of Ukraine requires special permission to stay, the type of which depends on a variety of factors. SOWA Consulting's team of specialists quickly and efficiently resolves immigration issues, eliminating the likelihood of rejection due to document errors or other formal grounds. Scope of immigration services to Ukraine includes but not limited to:

• Obtaining Ukrainian citizenship, immigration permit, temporary residence permit and permanent residence permit for non-residents in Ukraine;
• Restoration of Ukrainian citizenship;
• Extension of visas and residence permits in Ukraine;
• Obtaining the work permit for foreigners and stateless persons in Ukrainian companies;
• Obtaining refugee status, as well as state guarantees of protection associated with this status;
• Recognition of a foreigner as a person who needs additional or temporary protection;
• Obtaining the status of a foreign Ukrainian by persons who have the grounds stipulated by law.

Change of tax residency and business relocation to Ukraine

With the intensification of European integration processes, Ukraine has significantly adapted its legislation to international standards. Cheap labor force, favorable geographic location, stable supply chains - all these factors lead to the fact that many foreign and transnational companies, including small and medium-sized businesses, are ready to open their offices, branches and representative offices in Ukraine. SOWA Consulting provides turnkey solutions for relocation or setting up a business in Ukraine, as well as local solutions, including:

• Obtaining an individual tax number for a foreign citizen or stateless person (required, in particular, for employment, opening a bank account or establishing a business entity, including the rights of participation in the capital);
• Registration of electronic digital signature certificate for non-resident;
• Registration of foreigners as physical persons-entrepreneurs;
• Creation of joint ventures and other business entities with foreign beneficiaries;
• Selection of office premises or a virtual address with postal service to be used as a location of a business entity;
• Advice on Ukrainian tax legislation and the rules of official reporting;
• Providing legal assistance to avoide of double taxation.

Obtaining a temporary residence permit through investment in business in Ukraine

Nowadays foreigners are interested in the possibility to obtain permanent residence in Ukraine. The Law of Ukraine “On Immigration” (Art. 4 (3)) stipulates that persons who have made foreign investment in the economy of Ukraine are granted permission to immigrate within the quota, which is established annually by the Cabinet of Ministers of Ukraine. Immigration permit is the basis for receiving permanent residence permit (permit to stay) in Ukraine (PR).

The investment shall be made in the share capital of a newly created or existing company, in cash for an amount equivalent to at least 100 thousand U.S. dollars. The investments should impact the development of Ukraine, its economy, create new work places. Despite of this, with the investment made into the share capital of the company, a foreigner can acquire any property (e.g. a house or an apartment), but the company will remain the owner. Right after company formation and investing, you can apply for temporary permit to stay (up to 1 year) , permit to be employed (as a director of your company) while waiting for long term permit to stay in Ukraine. An investor who has received an immigration permit is issued a permanent residence permit in the form of an ID-card with a period of 10 years.

Obtaining a temporary residence permit in Ukraine through participation in a company

According to Ukrainian legislation, foreigners and stateless persons who are founders, participants and/or beneficial owners of a legal entity registered in Ukraine may obtain a temporary residence permit, which is issued for a period of two years, with subsequent extension.

Employment of a foreigner in Ukraine

For foreign nationals who intend to be employed by a Ukrainian company and obtain a temporary residence permit, prior employment of a foreigner, the employing company is obliged to obtain a work permit in State Migration Service (SMS). The documents that should be submitted to the SMS may include a copy of the employment contract with a specified amount of wage according to the minimum rate requirement specified in paragraph 3, Article 421 of the Law of Ukraine on Employment. Duration of the residence permit is issued for the duration of the employment permit in Ukraine, and usually up to 3 years.

Obtain a Tax payer number for non-residents in Ukraine

Ukraine sets the individual tax payer number for individuals and companies. Foreigners who want to have a residence permit in Ukraine can get a Tax payer number (TPN) for non-resident in the State Tax Service. TPN is required for foreigners in Ukraine to:

• Be employed on the territory of Ukraine, including for being employed as director of Ukrainian company;
• Participate as a founder, shareholder, participant of any legal entity;
• Register a physical entity – entrepreneur (sole proprietor);
• Study;
• Obtain residence permit;
• Apply for citizenship of Ukraine;
• Open a bank account.

The certificate of TPN can be received within 2-5 working days, you can appoint legal representative to apply on your behalf. It should be noted that issuance of a TPN does not mean that you become tax payer (tax resident) in Ukraine. In order to receive tax resident status and pay taxes in Ukraine, you must meet a number of conditions, such as permanently stay in Ukraine at least 183 days per year.

Tax payer number for foreign companies in Ukraine

Legal entities that are not registered in Ukraine, but want to conduct business activities in Ukraine, including export/import/transit of goods, and open a bank account also need to get TPN. For this purpose, a package of documents must be submitted to the tax office, which, among other things, includes a legalized copy of an extract from the commercial or court register of the country in which the foreign company is registered.

Get married and divorce a foreigner in Ukraine

Marriage between a Ukrainian citizen and a foreign citizen are recognized in Ukraine if they are registered on the territory of Ukraine or have been legalized. SOWA Consulting will help to carry out both procedures. We will prompt what documents need to be collected, provide its proper execution (translation and notarization, apostille, etc.), and provide full consulting support for international couple on all issues related to the implementation of property and non-property rights of spouses in Ukraine, as well as the rights that arise after the registration of marriage with a Ukrainian citizen.

In addition, we provide services for:

• international divorce, including in Ukrainian and foreign courts;
• dealing with issues related to maintenance and upbringing of children, one parent of whom is a foreigner;
• registration of rights for inheritance in Ukraine by foreign citizens etc.