A foreigner has the right to acquire the status of an electronic resident after submitting an application through the uResidency information system. Find out who can apply and what is required

Legal assistance in starting and doing business in Ukraine

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The Ministry of Digital Transformation of Ukraine has launched an e-residency program to facilitate doing business for foreigners in Ukraine. In accordance with the Tax Code of Ukraine (TCU), a foreigner who has reached the age of 18, is not a tax resident of Ukraine, has received the relevant qualified electronic trust services and whose information is entered into the E-Resident information system may become an electronic resident (e-resident). Read more about this program and why it is needed here.

How to apply for e-resident status?

The e-resident status is acquired by a foreigner after submitting an application for the status, identifying him/her and providing qualified e-trust services through the E-Resident information system.

The application must be submitted online through the Diia portal, in order to do so:

1. Register or log in to diia.gov.ua and pass verification with an electronic signature.

2. Fill out the application. Fill in the attached documents in Ukrainian and sign them with a qualified electronic signature.

For detailed instructions on how to obtain a qualified electronic signature (QES) in Ukraine, please follow the link.

According to the Tax Code, a foreigner's application for e-residency status is equivalent to a personal submission of a taxpayer's registration card and an application for registration in the State Register of Individual Taxpayers to the relevant controlling authority.

Who can apply for e-resident status?

– The head of the company;

– an authorized person on behalf of the company indicated in the Unified State Register;

– a representative of the company by power of attorney.

What are the terms of application consideration?

The application will be sent to the Ministry of Digital Transformation. The applicant will receive a notification of its acceptance by e-mail. The Ministry of Digital Transformation considers the application and the documents attached to it within 10 business days. If the applicant does not receive a response within this time, the company will automatically be granted the status of a Diia.City resident. Decisions of the Ministry of Digital Transformation on returning the application without consideration, granting or refusing to grant the Diia.City resident status to the applicant, and substantiated explanations to them are sent by e-mail.

After obtaining the e-resident status, foreigners will have the right to register as individual entrepreneurs in Ukraine, open bank accounts and conduct their business online. The mechanism for paying taxes and reporting for e-residents is also convenient: it will be done by the Ukrainian bank where the e-resident has a current account.

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Who cannot participate in the uResidency program?

The Tax Code stipulates that e-residents cannot be

– citizens of Ukraine;

– foreigners who have the right to permanent residence in Ukraine or are tax residents of Ukraine

– stateless persons;

– persons receiving income originating in Ukraine for goods, works, services (except for passive income);

– persons who are citizens, residents or persons whose place of permanent residence (stay, registration) is in states (jurisdictions) not included in the List of states covered by the program.

The list of states whose citizens or residents cannot obtain the status of an e-resident includes the states that are aggressors against Ukraine, high-risk FATF states, and states identified by the European Commission as countries with weak regimes for preventing and combating money laundering, terrorist financing, and financing the proliferation of weapons of mass destruction.

If you need assistance with participation in the uResidency program or obtaining a qualified electronic signature, please contact Visit Ukraine's qualified lawyers for advice. Our specialists can advise you on any issues related to starting and running a business in Ukraine, help you with the collection and submission of documents, as well as registering a company in the country.

To sign up for a written or online consultation, as well as to receive full legal support, please follow the link.

We remind you! Despite the war, business in Ukraine continues to develop, and not only Ukrainians, but also foreigners who open companies contribute to this. Read more about the benefits and risks of starting a business in Ukraine in our previous article.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

Ihor Usyk is the Head of Legal Department at Visit Ukraine

If you want to start your own business in Ukraine, you can get advice from my colleagues.
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