MAGISTERS / BUSINESS IMMIGRATION AND RESIDENCE
Business Immigration to Ukraine
Company formation, employment of a foreign director, a type D visa and a residence permit – we coordinate the legally appropriate sequence of steps for your business project.
01
Company and founder
02
Director’s employment
03
Long-stay visa
04
Residence and investment
Kyiv · Kharkiv · Odesa. We assist foreign nationals and companies throughout Ukraine; some preparation can be completed remotely.
LEGAL STRUCTURE
Separating business ownership, employment and residence
DOCUMENTS
Checking eligibility, visas and deadlines before filing
LEGAL SUPPORT
From incorporation documents to the State Migration Service
01 / WHAT BUSINESS IMMIGRATION REALLY INVOLVES
Forming a company and obtaining the right to live in Ukraine are different matters
Business immigration to Ukraine means legal assistance for a foreign national who establishes or acquires a Ukrainian business and intends to manage it personally, work or reside in the country. Registering a limited liability company (LLC) addresses the corporate side but does not replace the separate process of obtaining lawful immigration status.
For one client, the appropriate route may be company formation followed by a work permit for a foreign national. For another, it may be temporary residence based on a qualifying investment. A third may need an immigration permit followed by permanent residence. The choice depends on the size and type of investment, the foreign national’s role, nationality and actual purpose of stay.
THE KEY DISTINCTION
Founder ≠ employee ≠ resident
A foreign national may own an interest in a Ukrainian LLC. However, being a shareholder does not in itself authorise someone to work as director without the required documents or grant an automatic right to reside in Ukraine.
Before company formation, we assess three separate matters: corporate participation, employment and immigration status.
02 / WHEN YOU NEED A LAWYER
Your project may require more than company registration
We can assist during the planning stage or after the business has been established, where a lawful route for the foreign owner’s employment and residence has not yet been determined.
FOREIGN ENTREPRENEUR
Setting up an LLC in Ukraine
We review the founders, proposed director, ownership structure and registration process. Where appropriate, we arrange foreign-owned business registration as a separate service.
FOREIGN DIRECTOR
Planning to manage the company personally
We assess whether employment authorisation is required, what employment agreement is appropriate and which legal ground may support temporary residence.
ALREADY IN UKRAINE
Your authorised stay is nearing its end
We review entry dates, visa rules and possible grounds for an application to the State Migration Service.
INVESTOR
Contributing capital
We distinguish between routes to temporary residence and an immigration permit.
FAMILY
Planning to relocate with your family
We identify the documents and separate residence grounds needed by a spouse and children.
EXISTING BUSINESS
Changing your immigration arrangements
The company is operating, but its director, a foreign shareholder’s interest, an employment agreement or document validity has changed. We assess the consequences and plan the required updates.
03 / THREE DISTINCT LEGAL ROUTES
Choosing a legal basis, not a one-size-fits-all “business visa”
Ukrainian law provides different procedures for an employed director, an investor with an interest in a Ukrainian company, and an applicant seeking permanent immigration. These routes cannot be treated as interchangeable.
ROUTE 01 / EMPLOYMENT
Foreign director or employee
The company obtains authorisation to employ the foreign national where required. The employee then checks whether a type D visa is necessary and applies for a temporary residence permit on employment grounds. Appointment as director alone does not replace immigration formalities.
ROUTE 02 / TEMPORARY RESIDENCE
Equity interest of at least EUR 100,000
A separate temporary residence ground exists for a foreign founder, shareholder or beneficial owner where the interest in the share capital of a Ukrainian legal entity meets the statutory threshold – at least EUR 100,000 in the applicable equivalent, subject to the conditions prescribed by law. Evidence of the type and amount of investment is required.
ROUTE 03 / PERMANENT RESIDENCE
Investment of at least USD 100,000
Ukraine’s Law “On Immigration” provides a category for foreign investors who have invested at least USD 100,000 in the Ukrainian economy in convertible foreign currency. Obtaining an immigration permit, followed by a permanent residence permit, is a separate procedure that requires evidence of the investment.
Important: the EUR 100,000 and USD 100,000 thresholds relate to different immigration grounds. Simply registering an LLC with nominal capital does not, in itself, satisfy either condition.
04 / THE PROCESS
How we organise business immigration
We establish a plan before filing applications so the incorporation, employment and immigration documents are consistent with one another.
At the outset, we confirm your nationality, current status in Ukraine, ownership structure and purpose of residence. This helps identify the right procedure from the start rather than having to redo an application after a refusal.
01
Reviewing your initial circumstances
We examine passports, visa history, permitted stay, the foreign national’s intended role, business structure and investments.
02
Identifying the residence ground
We compare employment-based, investment-based and permanent immigration routes and establish which authorities are responsible for each stage.
03
Preparing corporate decisions
We organise company documents, details of founders and beneficial owners, translations and proper certification of foreign-issued documents.
04
Obtaining work authorisation or investment evidence
Under the employment route, we assist the employer with the employment authority. Under an investment route, we review contribution documents and evidence of the amount invested.
05
Checking the type D visa and migration application
We examine visa exemptions, entry and filing deadlines, and prepare documents for a temporary residence permit or immigration permit procedure.
06
Supporting the final stages
We check decisions, collection arrangements for the residence card, post-issuance obligations and the implications of changed circumstances.
05 / VISA AND LEGAL STAY
Visa-free entry does not always replace a type D visa
Short-term stays and temporary residence permits are governed by different rules. Most categories of temporary residence applicants need the relevant long-stay type D visa, unless an exemption is provided by law or an international agreement.
What we check before filing
Type D visas are obtained from Ukrainian diplomatic missions outside Ukraine. Exceptions apply to certain nationalities and legal grounds; we assess them against the relevant documents and applicable international treaties.
As a general rule, an application for a temporary residence permit must be filed at least 15 working days before the end of the authorised stay. The State Migration Service generally processes an accepted application within 15 working days. This is the processing period for the application, not for the entire business immigration project.
For a detailed explanation, see our temporary residence permit page.
06 / DOCUMENTS
Documents required from the foreign national and the Ukrainian company
There is no single checklist for every case. We prepare the list according to the legal ground, nationality, type of investment and filing circumstances.
INITIAL REVIEW
The foreign national’s documents
We review the current passport, personal details, lawful stay and type D visa where required. For documents issued abroad, we identify requirements for translation, notarisation, apostille or consular legalisation. We also check health insurance and evidence of payment of mandatory fees.
COMPANY DOCUMENTS
Corporate and employment paperwork
Founders’ resolutions, company records, beneficial ownership details, signatories’ authority, the draft employment contract and authorisation to employ a foreign national – where the employment route applies.
FOR INVESTMENT-BASED APPLICATIONS
Proof of investment
Documents confirming the contribution to capital, its type and amount, bank records or other evidence required by law. The exact list depends on whether temporary or permanent residence is sought.
07 / POTENTIAL OBSTACLES
Mistakes that cost time and money
Often the main problem is not a single missing document but the wrong residence route. We identify these risks before an application is made to the authorities.
Confusing ownership with employment
A foreign national is appointed director without checking employment requirements.
Overlooking the type D visa
Only visa-free entry is considered, although different requirements may apply to residence permits.
Applying too late
Work authorisation and residence permit arrangements are left until the final days of the permitted stay.
Failing to document the investment
Assuming that the company’s registry entry is sufficient proof of the actual investment.
08 / WHAT OUR LAWYERS DO
After signing the agreement, we manage the legal aspects of your project
We go beyond general advice. We agree on the scope of our engagement and proceed under the selected route, taking account of the documents, deadlines and immigration status involved.
If an immigration issue involves a corporate dispute, we also assess the founder’s position and available remedies. For related matters, a MAGISTERS immigration lawyer can be involved.
Legal assessment
We prepare a legal roadmap and a list of procedures tailored to your circumstances.
Company documents
We review registration decisions, ownership records and powers of attorney or other authorisations.
Permits and residence
We prepare applications, supporting evidence and assist with submissions to the competent authorities.
Responding to objections
We assess requests for corrections, refusals or changes in circumstances and prepare the appropriate legal response.
09 / FREQUENTLY ASKED QUESTIONS
What to know before beginning the process
The proper route depends on immigration status, the amount and form of investment, nationality, the person’s role in the business and the company’s documentation.
For an initial assessment, send us your nationality, business details, proposed role as director or investor and the remaining period of your authorised stay in Ukraine.
Is registering an LLC enough to obtain a residence permit?
No. Company registration alone does not create an automatic right to temporary or permanent residence. You need a separate statutory legal ground.
Can I be a founder without a work permit?
Owning shares and working under an employment contract are distinct activities. A foreign founder may own a business, but the requirements for work authorisation must be assessed separately if the person intends to perform a director’s employment duties.
What investment qualifies for temporary residence?
Under the specific ground for a foreign shareholder or beneficial owner of a Ukrainian company, the relevant share capital interest must be worth at least the equivalent of EUR 100,000 under the statutory rules, supported by the required documents.
Can investment lead to permanent residence?
Ukraine’s immigration law provides a category for investors who have made a foreign investment in the Ukrainian economy of at least USD 100,000 in convertible currency. An immigration permit is required first; a permanent residence card is then issued under a separate procedure. Read more about permanent residence.
Do citizens of visa-free countries need a type D visa?
Ordinary short-stay visa-free entry does not always waive the long-stay type D visa requirement. Exemptions for particular countries and categories are set out in Ukrainian law and international treaties.
How long does business immigration take?
The overall duration depends on company documents, work authorisation or investment evidence, visas and the State Migration Service application. As a general rule, a temporary residence decision is issued within 15 working days after documents are accepted, but the entire project can take longer.
Can family members move with a foreign director?
Family reunification depends on the principal applicant’s immigration status and proof of family relationships. Family members must submit separate applications and satisfy their relevant legal grounds.
Can the entire procedure be completed remotely?
Company documents and certain preparatory stages may be handled through an authorised representative. However, obtaining a biometric residence card generally requires the foreign national to attend in person. We identify which stages can be handled remotely and which cannot.
10 / START WITH THE RIGHT LEGAL STRUCTURE
Planning to run a business and live in Ukraine?
Tell us whether you plan to establish a company, work as its director, invest or arrange status for family members. We will review the applicable grounds, documents and steps before agreeing on the scope of legal support.
Kyiv · Kharkiv · Odesa · legal assistance for foreign entrepreneurs throughout Ukraine.
Phone +38 (097) 718 11 88. Consultation by prior arrangement.