How can an investor get a temporary residence permit in Ukraine?

Who can get a permit as an investor

The Law 'On the Legal Status of Foreigners and Stateless Persons' treats a foreigner's participation in a Ukrainian company as a separate ground for a посвідка (temporary residence permit, TRP). It covers founders, participants and beneficial owners of a legal entity registered in Ukraine. Subparagraph 9 of paragraph 33 of Procedure No. 322 adds a condition. The share of the foreigner, or of a foreign company of which they are the beneficial owner, in the authorised capital of the Ukrainian entity must be at least EUR 100,000. How to set up such a company is explained in the article on opening an LLC as a foreigner.

That threshold is calculated in euros at the official National Bank of Ukraine rate on the date the investment is made. What makes this ground convenient is that it does not depend on an employer or a university. The foreigner controls their own stake. General rules on the process are in our guide to the TRP.

Which documents you need

The Procedure adds three groups of documents to the basic package, which is the same for every ground. First comes a copy of the company's founding document, certified by its authorised officer. Second is the company's written undertaking to notify the ДМС (State Migration Service, DMS) if the foreigner loses the status of founder, participant or beneficial owner. The third group consists of documents proving the investment itself.

What goes into the third group depends on the form of the investment:

The basic package, meaning the passport, its translation, the insurance policy and the fee receipt, is described in the article on documents for a TRP.

• a cash contribution to the authorised capital is confirmed by details of the foreigner's share, certified by a company officer;
• movable property brought into Ukraine as a contribution is confirmed by a copy of the customs declaration and a transfer and acceptance certificate;
• property bought in Ukraine and transferred as a contribution is confirmed by a transfer and acceptance certificate;
• shares in a joint-stock company are confirmed by a statement from a securities account.

Type D visa and permit term

For most nationalities, an investor, like any other foreigner, obtains a long-stay type D visa at a consulate before applying for the permit. The purpose of travel stated in the visa application must match the investment ground. Those who need no visa for a TRP file without leaving Ukraine, except citizens of the aggressor state.

Paragraph 4 of Procedure No. 322 gives founders, participants and beneficial owners a permit for two years instead of applying the general rule used for most grounds. The permit is exchanged for as long as the foreigner keeps their status in the company. Terms for different grounds are covered in the article on how long a TRP is valid.

An investor permit gives no right to work

This is the most common misunderstanding. A foreigner who has founded a company and received a TRP as an investor often assumes they can work in it as director. In fact the permit confirms the right to live in Ukraine, while the right to work for an employer comes from a дозвіл на застосування праці (work permit).

Since 2022 the employment law has had no separate category for founders. If a foreigner wants to hold a post in their own company, the company obtains a work permit for them as for an ordinary employee. This is covered in the article on a work-based TRP.

Investment or employment

In practice, founders choose between two routes. The first goes through investment. It requires a substantial contribution but gives a ground that does not depend on an employment relationship. The second goes through working in your own company. It does not require a large contribution, but it needs a work permit, a salary no lower than the minimum wage and payment of taxes.

Lawyer's experience

In investor cases I pay the most attention to the investment documents. The amount in the authorised capital must actually be paid in and backed by documents, not just written into the charter. If the contribution was made in property, the property documents must be complete, from the declaration to the transfer certificate. Any inconsistency here turns into doubt about the ground itself.

My second piece of advice concerns the future. When a foreigner sells their stake or leaves the company, the company is obliged to notify the DMS. So plan changes in the ownership structure together with your migration status, not separately.

If you are considering the investment route, we handle the residence permit process from checking the investment documents to the issued card.

Frequently asked questions