On what grounds can a foreigner get permanent residence in Ukraine?

The immigration permit comes first

Permanent residence in Ukraine is obtained in two steps. First the foreigner receives a дозвіл на імміграцію (immigration permit), and only then a посвідка на постійне проживання (permanent residence permit, PRP). The immigration permit is granted only on the grounds listed in Article 4 of the Law "On Immigration" No. 2491-III. The general procedure is described in the guide to permanent residence in Ukraine.

Article 4 splits these grounds into two groups. Part 3 lists the categories that receive a permit outside the quota. Part 2 lists the categories that immigrate within the quota. How the two groups differ today is explained in the article on the immigration quota.

Grounds outside the quota

Part 3 of Article 4 names the following grounds:

This group is covered in detail in the article on permanent residence outside the quota.

• marriage to a Ukrainian citizen lasting more than two years;
• being a child or a parent of a Ukrainian citizen;
• being the spouse or minor child of a fallen service member, or a parent of the spouse, whether a Ukrainian citizen or a foreigner who served under contract or assisted the Defence Forces under martial law;
• guardianship or care by Ukrainian citizens over a foreigner, or by a foreigner over Ukrainian citizens;
• the right to acquire citizenship by territorial origin, except for people who were Ukrainian citizens before;
• immigration that is in the interest of the state;
• the status of a закордонний українець (foreign Ukrainian), extended to the spouse and children when they enter and stay together;
• stateless persons who have lived on a temporary residence permit for two years since being recognised as stateless.

Part 2 categories

Part 2 of Article 4 lists the categories for which the Cabinet of Ministers sets a quota:

In practice the Cabinet of Ministers sets the quota for these categories every year. If no quota is set for the year, applications on part 2 grounds are not considered.

• scientists and cultural figures whose immigration serves Ukraine's interests;
• highly qualified specialists and workers urgently needed by the economy, with their spouses and minor children;
• people who have made a foreign investment in Ukraine's economy of at least USD 100,000;
• full siblings, grandparents and grandchildren of Ukrainian citizens;
• people who previously held Ukrainian citizenship;
• an immigrant's spouse, minor children and parents who are unable to work;
• people who have lived in Ukraine for three years with the status of a victim of human trafficking;
• foreigners who served in the Armed Forces, the National Guard or the State Special Transport Service for three years or more, or at least one year under martial law, or were found unfit for service because of an injury;
• certain categories of temporary residence permit holders after continuous residence for the last five years.

Marriage as a ground

Clients ask us about marriage as a route to permanent residence more often than about anything else. Since 2023 the law has separately listed the circumstances in which a marriage is not accepted as a ground for the permit. Among them are not living together or sharing a household, having had no contact before the marriage, having no common language, not knowing each other's basic personal details, and refusing an interview or written tests.

During the check, the ДМС (State Migration Service, DMS) interviews both spouses and may question other people. The marriage therefore has to be genuine and supported by evidence. Until the marriage reaches the required length, the foreigner can live in Ukraine on a temporary residence permit, as described in the article on the residence permit through marriage.

Foreign Ukrainians and Ukrainian origin

Foreign Ukrainians receive an immigration permit outside the quota, and so do their spouses and children if they enter and stay in Ukraine together. People with a right to citizenship by territorial origin also immigrate outside the quota. How to confirm foreign Ukrainian status is explained in the article on the residence permit for foreigners of Ukrainian origin.

Military service

Foreigners who served in the Armed Forces, the National Guard or the State Special Transport Service for three years or more, or at least one year under martial law, or who were found unfit for service because of an injury, have a ground of their own. Family members of fallen service members receive a permit outside the quota. These categories also benefit from relaxed rules on passport documents. More on this in the article on entry and stay under martial law.

When the permit is refused

Article 10 of the law sets out the grounds for refusal. They include an unspent conviction for a serious crime, certain diseases, false information or documents, a sham marriage, an incomplete set of documents, an entry ban, and unfulfilled court decisions or fines. The law also names previous breaches of the rules on the legal status of foreigners and illegal border crossing.

Anyone planning permanent residence should therefore settle old fines in advance and make sure there are no overstays on record. Getting a Ukrainian criminal record certificate is explained in the article on the criminal record certificate.

Lawyer's experience

Most of my clients ask about permanent residence through marriage or through work. The marriage route is clear, but the DMS checks closely whether the marriage is genuine. Work is harder, because the ground for permit holders covers only certain categories and requires continuous residence.

I advise choosing your ground for permanent residence early, while the temporary residence permit is still being arranged. That way you can plan the timing and avoid violations that would later become a reason for refusal.

If you are not sure which ground fits you, we will go through your situation at a migration law consultation.

Frequently asked questions