What the quota is
An immigration quota is a limit on the number of immigration permits for certain categories of foreigners. The Cabinet of Ministers sets it on a proposal from the ДМС (State Migration Service, DMS), and in practice it does so every year. A дозвіл на імміграцію (immigration permit) is what you need to obtain a посвідка на постійне проживання (permanent residence permit, PRP), and every ground for it is covered in the article on the grounds for permanent residence.
Does the quota apply now
Law No. 3180-IX of 29 June 2023 rewrote Article 4 of the Law "On Immigration". Since then, some websites and consultants have been saying that the annual quota is gone and that you can apply under any category without one. Practice says otherwise.
The Cabinet of Ministers sets the quota every year. Whether an application from a part 2 category of Article 4 is considered depends on it. If no quota has been set for the year, such applications are not considered. So before collecting documents under these categories, check that a government decision on the quota for the current year is in force.
Who a quota can cover
A quota is set each year for the categories in part 2 of Article 4. They include:
The same rule applies to every one of these categories. With no quota for the year, the application will not be considered, however strong the ground.
- scientists and cultural figures;
- highly qualified specialists and workers needed by the economy, with their spouses and children;
- foreign investors who have invested at least USD 100,000;
- siblings, grandparents and grandchildren of Ukrainian citizens;
- former Ukrainian citizens;
- an immigrant's spouse, children and parents who are unable to work;
- 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;
- certain categories of temporary residence permit holders after continuous residence for the last five years.
Highly qualified specialists
Foreign employees ask about the quota more than anyone. Among the part 2 categories, the law names highly qualified specialists and workers whom Ukraine's economy urgently needs. Their spouses and children also fall into this category when they enter together. This category is different from ordinary employment on a work permit.
Working on a work permit does not by itself give a right to permanent residence. It gives a ground for a посвідка (temporary residence permit, TRP), a route covered in the article on the residence permit for employees. An employee can reach permanent residence through another part 2 category, namely continuous residence on a temporary permit for the last five years, provided their ground is on the list in the law. Even this route works only in a year for which a quota has been set.
Investors
Foreign investment in Ukraine's economy is also one of the part 2 categories. The minimum investment is USD 100,000. Because this is a part 2 category, an investor's application is considered only within the quota for the year in question. An investor may also have a ground for a temporary residence permit, as explained in the article on the investor residence permit.
Who the quota does not affect
Part 3 of Article 4 lists the grounds on which the permit is granted outside the quota in all circumstances. These are marriage to a Ukrainian citizen lasting more than two years, children and parents of citizens, families of fallen service members, guardianship, territorial origin, state interest, foreign Ukrainians and certain stateless persons. They are covered in detail in the article on permanent residence outside the quota.
What this means in practice
How to find out about a quota
A quota decision is adopted by the Cabinet of Ministers and published as a legal act. You can check whether one is in force on the official legislation portal or by sending a request to the DMS. Do not rely on material claiming that the quota no longer exists or that you can apply under any category without one, because it can mislead you.
Lawyer's experience
Clients often arrive convinced that since the 2023 amendments there is no quota any more and that they can apply through work or investment at any time. That is not the case. I first check whether the Cabinet of Ministers has set a quota for the current year, and only then plan an application under a part 2 category.
My second piece of advice concerns the grounds outside the quota. If you are married to a Ukrainian citizen or have a family tie, start with that ground. It does not depend on any quota and is clearer for the DMS.
If you want to know whether the quota affects your case, we will go through your ground at a migration law consultation.
Official sources
Frequently asked questions
Is an immigration quota set every year?+
Yes. In practice the Cabinet of Ministers sets the quota every year. It determines how many permits foreigners in the part 2 categories of Article 4 of the law can receive.
Can I get permanent residence under a part 2 category if no quota is set?+
No. If no quota has been set for the year, applications in the part 2 categories of Article 4 are not considered. In that case it is worth checking whether you have a part 3 ground, which does not depend on the quota.
Who is not affected by the quota?+
Anyone with a part 3 ground under Article 4, such as marriage to a Ukrainian citizen, children and parents of citizens, or foreign Ukrainians. They receive the permit outside the quota.
Where can I find out whether a quota is in force now?+
The Cabinet of Ministers sets the quota by its own decision. You can find it on the official legislation portal or ask the State Migration Service.
Does a work permit give a right to permanent residence?+
Not by itself. It gives a ground for a temporary residence permit. A worker can reach permanent residence through certain categories in part 2 of Article 4 of the law.
This article is general guidance, not individual legal advice.