Rules For Foreigners' Stay In Ukraine

Procedure of foreigners' entry and exit from the territory of Ukraine, their stay in Ukraine is regulated by the Legislation of Ukraine in force.

In accordance with the Law of Ukraine "On Legal Status of Foreigners", hereinafter referred to as "The Law", the Government of Ukraine approved "The Rules of Foreigners' Entry to and Exit from Ukraine, and Transit Through Its Territory", hereinafter referred to as "The Rules", that determine the procedure of:

• - entry to, exit from and transit through the territory of Ukraine for foreigners;

• -drawing up of documents by foreigners to receive the right for a stay in Ukraine;
• -travel of foreigners at the territory of Ukraine and their choice of residence place in Ukraine;

• -responsibility of foreigners, legal and physical persons, receiving them or rendering service to them for the violation of the Legislation of Ukraine.

In the abovementioned "The Law" and "The Rules", as well as in this text, "foreigners" mean foreign citizens and apatrides.

Juridical and physical persons in Ukraine:

• - have no right to receive and render services to foreigners, who unlawfully entered Ukraine, have no substantiation for a stay in Ukraine or present documents, prepared incorrectly, with "The Rules" violation;

• - bear responsibility for reimbursement of all costs, arising from the expelling of the foreigner, in case they helped the latter in unlawful entry and stay in Ukraine.

Compulsory condition of legal entry and stay in Ukraine for a foreigner is to have National passport or a document substituting it (hereinafter referred to as "Passport"), which on the arrival of the foreigner to Ukraine should be registered in the Government bodies (Ministry of Domestic Affairs, Ministry of Foreign Affairs) or in a hotel, if the foreigner stays there on arrival in Ukraine.

It is worth to remember that according to the general rule, a foreigner bears responsibility for registering his/her Passport in the established manner, even if he/she came from the country that has visa-free regulations of entry to Ukraine.

Registration of Passport is done in a manner established by The Rules and endorsement is made directly in a passport.

Record of registration of foreigners' passports in Ukraine is done at the place of their arrival in the first point of destination and this record is valid for the whole period of their stay in Ukraine.

Some categories of foreigners are free from registration of their passports in Ukraine. The list of this categories of foreigners is specified in The Rules. In particular, this list includes persons, who come into Ukraine for not longer than for 3 days; tourists on cruise-vessels, crews of sea-going and air-liners, members of official government delegations of foreign states, etc.

It is important to mention that prolongation of Passport registration validity is done in the same manner as applied for registration; in case of visa regime of entry to Ukraine - prolongation can be done only after the validity of visa is prolonged by the bodies of Domestic Affairs. For foreigners who came in Ukraine as private persons, prolongation may be done only with the consent of the person who invited them; total period of stay in Ukraine for this category of foreigners may not be more than one year. The motives for the rejection to prolongation can be lack of means, lack of reasons for a stay in Ukraine or lack of proper guarantees. Prolongation of the validity of visa and registration of Passports of foreigners, passports of whom are registered in Ministry of Foreign Affairs, should be done by the latter.

Under the Law "On Status of Foreigners", foreigners may have the following status of stay in Ukraine: immigrant and part-time visitor. The Law provides that immigration to Ukraine is possible:

• - for permanent residence (The grounds for this kind of immigration are provided by the Law. In this case entry visa to Ukraine and residence permit are granted to the foreigner.);

• - for a part-time job in Ukraine for a definite period of time. This kind of immigration is based on the permission for employment in Ukraine, issued in the established manner and granted to the foreigner. At present, a temporary procedure of granting such permissions exists, approved by the Ministry of Labor.

In accordance with this procedure, the permission is issued by the government body called Employment Service. Permit for part-time residence in Ukraine is granted to a foreigner-immigrant.

Foreigners, who arrived in Ukraine on other legal grounds, are considered to be persons temporary staying in Ukraine, for example, foreigners-tourists or foreigners who arrived under invitation of citizens and legal persons.

The status of a foreigner can be changed during the period of his/her staying in Ukraine. For example, the status of a foreigner who arrived as a private person can be changed at

a request of the person (citizen or organization) who receives him/her and who is interested in him/her.

The Rules provide that entry to, exit from and transit of foreigners through Ukraine can be done through frontier stations of Ukraine on the basis of Passport and proper visa on it, as well as on the basis of an invitation properly done (the latter may be needed only during entry to Ukraine), unless otherwise agreed in a corresponding International Agreement of Ukraine (cases of visa-free regime of entry or when it is agreed that an invitation is not needed). In the Rules special attention is drawn to the fact that transit through the territory of Ukraine can be done only if the foreigner has:

• - transit Ukrainian visa;

• - visa for country of destination;

• - documents, confirming the transit nature of the travel (tickets, etc.).

The Rules determine that period of transit of foreigners through the territory of Ukraine must be within the limits of really needed for this period of time; in case prolongation is needed, it should be done strictly in accordance with the established procedure.s:

If the foreigner has lost his/her Passport in Ukraine, he/she has to immediately inform about this the receiving organization and the body of Domestic Affairs at the place of his stay. The latter in its turn gives the foreigner an appropriate certificate and, after the Representation of the Foreign State issues a new Passport (on the basis of a personal application and at a request of the receiving organization), grants exit visa to the foreigner or registers his/her Passport for further stay in Ukraine.s:

It should be noted that, according to the Rules, it is the Government that establishes regulations as to preparation of appropriate visas for foreigners. It is determined that entry visas are to be drawn up in representations of Ukraine (embassies, consulates) abroad, at frontier station of Ukraine and in the bodies of Domestic Affairs (on the territory of Ukraine).s:

Tourists visas for foreigners are drawn up only in representations of Ukraine in foreign states.s:

Thus, entry, exit and transit of foreigners - according to the general rule - is done on the basis of respective visas. In case of visa-free regime (agreed upon by International Agreements of Ukraine), properly done invitation from a juridical or physical person (including legal entities of non-resident, if the latter is legalized in Ukraine by means of registration of his/her representation) can serve as a basis for entry. Not only citizens (physical persons), permanent residents of Ukraine (citizens of Ukraine and foreigners having residence permit) have the right to send an invitation, but also foreigners, temporarily staying in Ukraine due to studying, probation, etc, if it is not otherwise stipulated by the corresponding International Agreement of Ukraine.s:

The Law provides for reasons on which entry/exit to/from Ukraine can be prohibited to the foreigner; entry may be prohibited for the period from 6 months up to 5 years. The list of reasons for entry to Ukraine interdiction consists of those traditionally applied in the International Law: interest of state security, protection of rights and health of citizens of Ukraine, submission of false information, violation of rules for crossing the border, facts of violation of Legislation of Ukraine during the previous visit to Ukraine. Exit may be forbidden up to the moment when circumstances, according to which the foreigner cannot be allowed to leave the country, will come to an end (for example, liability to serve one's sentence according to verdict of guilty that came into legal force).s:

A foreigner can freely travel through the territory of Ukraine but he must stick to the established rules - a foreigner, who stay temporarily in Ukraine, while traveling from one place to another is to inform about his movements the bodies of Domestic Affairs, where his/her Passport is registered. Traveling in Ukraine of foreigners, whose Passports are registered in the Ministry of Foreign Affairs (including journalists accredited to the press-center of Ministry of Foreign Affairs) must be done in accordance with rules of the Ministry of Foreign Affairs of Ukraine.s:

But the Legislation provides also for the limitation of freedom of choice of place of residence for foreigners in Ukraine and travel restrictions. In particular, such restrictions in regard to foreigners can be imposed on by the Government of Ukraine. To visit restricted areas, a foreigner should have:s:

• - visa, where the exact area is indicated and which was issued by the Government of Ukraine abroad, unless otherwise stipulated by the International Agreement of Ukraine;s:

• - permission, given by the body of Domestic Affairs at the request of the organization that invited the foreigner, agreed upon in the established manner;s:

• -when the foreigner enters Ukraine as a private person or at the request of a permanent foreign representation, foreigner's personal application is enough for receiving such permission.

Foreigners, permanent residents of Ukraine, receive such permission also on the basis of personal application. At a request of the receiving organization, a multi-entry permission can be granted to a foreigner.

Registration of foreigners at the place of their residence is done in the same manner as for citizens of Ukraine. Foreigners, who changed their place of residence or route of transit by violating therewith the Rules, must return to the previous place of residence or to continue transit travel at the request of the bodies of Domestic Affairs, unless actions of the foreigners are subject to expelling from Ukraine. Under this Law, foreigners (except for persons who have diplomatic immunity or other privileges in accordance with International Agreements) who committed a crime, administrative or other offenses, are responsible before the Law on general grounds in the same manner as citizens of Ukraine. Foreigners can bear responsibility for the breach of the Rules in the following forms:

• - reduction of period of temporary stay in Ukraine (applied to foreigners temporarily staying in Ukraine, without regard to the purpose of entry, with the exceptions of those, who enjoys immunity and privileges). It is applied by the decision of the bodies of Domestic Affairs. Reduction of period of stay is possible if Legislation of Ukraine is violated (but this does not lead to criminal or administrative responsibility) or if the grounds for foreigner's stay in Ukraine disappeared. The decision is made at the request of the receiving organizations or citizens or on the initiative of the body of Domestic Affairs or Security Service of Ukraine;

• - expel from Ukraine. The decision to expel a foreigner may be made by the bodies of Domestic Affairs or Security Service of Ukraine (except for persons, who enjoy privileges and immunity) on the grounds, stipulated by the Law;
• - actions contradictory to the interests of state security of Ukraine or to protection of public order;
• - if it is necessary for health protection, protection of rights and legal interests of citizens;

• - gross violation of the Legislature on Legal status of Foreigners.

Decision to expel is appealable in the court, however, this cannot suspend the exercise of the decision itself.

The foreigner is to be informed about the decision to expel him/her (the period of time during which the foreigner must leave the country is clearly stated); all explanations regarding his rights and duties are given to him; if necessary, an interpreter is invited.

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