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How to start a business in Ukraine and get a temporary residence permit: 

program 'FOREIGN INVESTOR'

  1.  WHAT IS INCLUDED?

 

This program is a legal service package designed for foreign investors who are interested in founding a business in Ukraine with subsequent coming to exercise control over it. The following services are included:

 

I) obtaining an individual taxpayer identification number;

II) registration of a legal entity (private entrepreneurship);

III) issuing documentation for obtaining a long-term D-type visa;

IV) getting a temporary residence permit upon arrival in Ukraine.

 

All the services are provided legally under an official agreement. Both interests of the company and the client are protected. The cost of the program is 1000 US dollars (or equivalent in Ukrainian hryvnias), which is paid in three stages.

 

HOW IS IT DONE?

 

This package of services is provided according to the following 4-stage procedure:

 

STAGE I. Start and get your taxpayer identification number in Ukraine

 

Taxpayer identification number (registration number of the taxpayer card) is a 10-digit number formed by a State Fiscal Service of Ukraine. This number is necessary for subsequent registration of a legal entity.

NOTE: If the company will be founded by another legal entity controlled by you, obtaining taxpayer identification number at this stage is not necessary. However, you will need it later for opening a personal bank account and on other occasions such as notary services etc.

 

To go through this stage the following steps should be taken:

  1. To start, fill in an application . You are not requested to pay anything yet.

  2. We send by email a sample of a power of attorney and an agreement offer.

  3. You notarise a power of attorney at the nearest Ukrainian consulate according to a sample provided by email.

  4. You send a power of attorney together with 2 copies of a signed agreement by post to our address in Ukraine.

  5. Upon receipt of the documents sent by you, we notify you and issue an invoice for 30 percent advance payment (300 US dollars or equivalent in hryvnias). Invoice and agreement signed from our side are scanned and sent to you by email.

  6. You pay the invoice and notify us by email.

  7. We obtain the taxpayer card, scan it and send to you by email.

 

STAGE II. Found a company 

 

The package 'FOREIGN INVESTOR' invokes one of the two legal grounds for a lawful stay in Ukraine, provided for by Article 4 of the Law of Ukraine “On legal status of foreigners and stateless persons”:

 

Ground 1: exercise of control over business activity of a legal entity, of which a foreigner or a stateless person is a founder/member and/or beneficiary, if the amount of investment should be not less than equivalent of 100 000 Euros (Article 4(12) of the Law of Ukraine “On legal status of foreigners and stateless persons”). Investment can be made in monetary OR non-monetary form. If it is made in a non-monetary form, you are expected to provide a list of property which will be transferred to the authorized capital of your company. Monetary evaluation of this property does not require any expert conclusions etc, it is to be approved solely by a decision of founders. However, it should be plausible;

OR

Ground 2: employment in a company, of which a foreigner or a stateless person is a founder/member and/or beneficiary, regardless of the amount of investment. However, the company’s authorized capital should be formed in full. This legal ground requires a work permit (we obtain it, the price is included).

 

 

Attention: You are expected to make a contribution to your company’s authorized capital by yourself, it is not included in the fee under the agreement.

 

Initially, the company has to be founded by at least two people, one of them being in Ukraine. This person will sign documentation necessary for obtaining a work permit (if you choose a legal ground 2), for opening a bank account (if contributions to the authorized capital will be made in monetary form), and for obtaining a D-type visa. If necessary, this can be our representative without additional payments, or any person suggested by you. It can also be a person without Ukrainian nationality/residency and without a work permit. Upon your arrival in Ukraine, this person can transfer his/her corporate rights to you.

 

To proceed with this stage, the following step should be taken:

  1. We issue the second invoice for 50 percent payment and send it by email.

  2. You pay the invoice and notify us by email.

  3. We prepare bilingual (in Ukrainian and English) documentation for company foundation and send it to you by email.

  4. Draft documentation could be negotiated by email and amended if necessary within the limits provided for by Ukrainian legislation.

  5. We register the company.

  6. Founders make their contributions to the company’s authorized capital (in a monetary or non-monetary form).

  7. We obtain a work permit for you (in case of ground 2).

 

STAGE III. Obtaining a  long-term (type D)  visa

 

 

A long-term (type D) visa is issued in a case when a foreigner or stateless person intends to apply for a temporary residence permit to stay in Ukraine for a long period. D-type visas are issued as multiple entry visas valid for 90 days.

 

For obtaining a long-term D the visa the following documents should be provided to the Ukrainian embassy:

1) passport/travel document which should comply with these requirements:

  • be valid for at least 3 months after the intended date of departure from Ukraine;

  • have at least 2 pages free from any visas/marks/stamps;

  • be issued for no more than 10 years.

2) printed and signed application form – we fill it and send to you by email;

3) 1 applicant’s photo (35*45 mm) – should be provided by you;

4) proof that the applicant is a holder of (or is entitled to benefit from) a valid medical/travel insurance policy to cover Ukraine and the period of stay (the policy should provide a minimum of €30 000 or equivalent coverage – should be provided by you;

5) proof of sufficient funds to cover the costs of stay (e.g. bank statement for 2 recent months, cash in Ukrainian hryvnia/other convertible currency, bank cards along with current/savings account balance statements provided the bank cards can be cashed in Ukraine, hotel/accommodation booking, letter from the applicant’s employer/sponsor confirming their coverage of applicant’s expenses in Ukraine, a return/transit ticket etc) - should be provided by you;

6) paid visa fee receipt - should be provided by you;

7) documents confirming that a foreigner/a stateless person is a founder and/or a member, and/or a beneficiary and that a size of its contribution to a company’s authorized capital equals or exceeds 100 000 Euros (in case of ground 1) – is provided by us;

8) a certified copy of work permit (in case of ground 2) –is provided by us.

 

In order to proceed with this stage the following steps should be taken:

  1. We issue documents necessary from our side for obtaining a long-term D-type visa and send them to you by post together with company documentation and your copy of the signed agreement.

  2. You apply for a long-term visa and obtain it.

 

N.B. We are responsible for providing accurate documentation in strict accordance with relevant legislation in force. However, the decision for issuing a visa is taken by an embassy. Under the agreement, there are no guarantees for obtaining a visa.

 

STAGE IV. Getting a temporary residence permit

 

A temporary residence permit is a document certifying the identity of a foreigner or a stateless person which confirms legal grounds for temporary residence in Ukraine. A temporary residence permit is issued in the form of a card with a contactless electronic media.

 

For foreigners and stateless persons who are founders and/or members, and/or beneficiaries of Ukrainian legal entities with an investment of 100 000 Euros (Ground 1) the temporary residence permit is issued for two years.  For foreigners and stateless persons who are founders and/or members, and/or beneficiaries of Ukrainian legal entities with a smaller investment who come for work with a residence permit (Ground 2) the temporary residence permit is issued for a term equal of the term of work permit (up to three years). A temporary residence permit is issued within 15 business days from the day of application.

 

One of the documents which should be presented when applying for a temporary residence permit is a passport (original, not a copy!) with a long-term (D type) visa. Accordingly, applying for a temporary residence permit is possible only after obtaining a D type visa and with an original passport document in hand.  Therefore, this should be done after your arrival in Ukraine.

Documents for a temporary residence permit are prepared and submitted in person by our representative accompanied by you.

The procedure for obtaining a residence permit is the following:

  1. We issue an invoice for the remainder 20 percent (200 US dollars or equivalent amount in hryvnas) and send it by email;

  2. You pay the invoice and notify us;

  3. We prepare documentation for the application for a temporary residence permit (all the costs are included, there are no extra payments);

  4. Our representative together with you go to the State Migration Service of Ukraine and apply for the temporary residence permit;

  5. In 15 business days, our representative together with you receives a temporary residence permit.

  6. If our representative was a co-founder of your company, s/he exits it. The delivery and acceptance certificate is signed; the agreement is closed.

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