Helped to open office of an American law firm in Ukraine and obtained a residence permit for the managing partner

A representative of a law firm from the United States of America, who had an intention to open office in Ukraine for achieving specific goals of his American clients in our jurisdiction, retained our services in the spring of 2018.

Since a long organization and recruiting period was waiting for him in the future, first of all, our Client was interested in the possibility of legalization of his long-term stay in the country. Having previously visited Ukraine, he knew that the stay of foreign citizens, even those who do not need a visa, is limited to 90 days during 180. Although our client often travelled and left the territory of Ukraine for a long time on a regular basis, which in most cases allows to circumvent the restriction, he was interested in a legally correct solution to this situation in which he could decide by himself when to leave the territory of our state instead of having to adjust to 90/180 rule.

Considering the necessity to open a firm in Ukraine, our lawyers suggested using this as a basis for obtaining a residence permit which would allow our client to travel without restrictions for 3 years. The solution satisfied the Client completely and after agreeing on the terms of cooperation our lawyers started to provide services.

The work consisted of the following stages:

1) Our corporate lawyers secured the identification code for our client and registered the company with him as a member (since he was a name partner in the American company, there was no problem to register him as founder of the Ukrainian one). The choice of organizational form was made in favor of LLC, which is the most universal form of conducting business in Ukraine.

2) Our team of immigration lawyers, who prepared the required set of documents, started the work at the final stages of completing the registration of the firm. As soon as the information about the firm appeared in the official register of the Ministry of Justice, we immediately submitted documents for an employment permit that serves two purposes :

  • allows foreign citizens to hold the necessary positions in Ukrainian companies;
  • is a ground for obtaining a residence permit.

3) After successful obtainment of the permit our Client received a set of documents with which he had to obtain a special visa of type D for entry into Ukraine. The stage is the only one during which we cannot represent the interests of the client based on the power of attorney or at least be present with him. At the same time, our lawyers are constantly ready to answer a call from the Client on the day of interview at the embassy of Ukraine and try to simplify the communication with the officers of the diplomatic body as much as possible.

4) Upon obtaining the type D visa, the Client could not immediately arrive in Ukraine for several reasons. It significantly complicated the final stage, namely obtaining a residence permit, since the visa of type D is issued for 90 days. In addition, the applicant has to have at least 15 working days of stay on the specified visa at the time of submitting of documents. The Client planned his arrival on the day before the end of 15 working days, which our lawyers had been notified of in advance so all the necessary preparations were made. Despite the deadlines, the residence permit was obtained successfully.

5) The final stage was the registration of our Client's place of residence.

The case demonstrates our approach to providing services to foreign clients who are completely unfamiliar with Ukrainian jurisdiction. We do not only prepare the documents, as many other lawyers do, but also provide legal support to the Client at all stages of starting a business, obtaining permits etc. In all possible cases, we try to avoid or at least minimize the interaction between the Client and public authorities for his or her maximum comfort.

Publication date: 25/09/2018

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