In this post (Part 2 of 3), you'll find all the answers on the legal status of foreigners and stateless persons as per the last edition dated March 26, 2021, and its amendments and upcoming enforcement of the law.
Section I. GENERAL PROVISIONS
Articles 5 to 4. The administrative fee for registration or extension of a temporary residence permit
Articles 5 to 5. The procedure for accepting an application for registration or extension of a temporary residence permit
Article 6. Recognition of a foreigner or a stateless person as a refugee, a person in need of additional protection, and granting temporary protection
Section II. ENTRY INTO UKRAINE AND EXIT FROM UKRAINE
Article 9. Entry into Ukraine of foreigners and stateless persons and terms of their stay in Ukraine
Article 16. Registration of foreigners and stateless persons entering Ukraine or staying on the territory of Ukraine
Article 17. Extension of the period of stay of foreigners and stateless persons on the territory of Ukraine
Article 21. Financial support for entry into Ukraine, stay on the territory of Ukraine and transit through the territory of Ukraine of foreigners and stateless persons
Section I. GENERAL PROVISIONS
Article 1. Definition of terms
1. In this Law, the terms are used in the following meaning:
1) forced stop - stay of a foreigner or a stateless person on the territory of Ukraine beyond the period established by law for transit through its territory due to extraordinary circumstances (natural disaster, illness, etc.) if there is a document confirming the reason and duration of the delay;
2) visa - a permit issued by the authorized body of Ukraine in the form prescribed by law, required for entry into the territory of Ukraine or transit through its territory and stay in the territory of Ukraine for the relevant period;
{Paragraph 2 of the first part of Article 1 as amended by Law № 1328-IX of 04.03.2021 - shall be enforced from 26.09.2021}
3) family reunification - entry and temporary or permanent residence in Ukraine of family members of a foreigner or stateless person who legally resides in Ukraine and can confirm with relevant documents the availability of sufficient financial security for the maintenance of family members. in Ukraine, for the purpose of family cohabitation, regardless of when the family relationship arose - before or after the arrival of a foreigner or a stateless person in Ukraine;
4) immigration card - a document containing information about a foreigner or a stateless person entering Ukraine or leaving its borders, and filled in in cases and in the manner prescribed by the central executive body that ensures the formation of state policy in the field protection of the state border;
{Paragraph 4 of the first part of Article 1, as amended by Law № 5459-VI of 16.10.2012 }
5) work permit for foreigners and stateless persons - a document that entitles the employer to temporarily use the work of a foreigner or stateless person in the manner prescribed by the legislation of Ukraine;
{Paragraph 5 of the first part of Article 1 as amended by Law № 1539-VII of June 19, 2014 }
6) foreigner - a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states;
7) foreigners and stateless persons who are on the territory of Ukraine on legal grounds - foreigners and stateless persons who in the manner prescribed by the legislation or international treaty of Ukraine entered Ukraine and permanently or temporarily reside on its territory, or are temporarily in Ukraine;
8) foreigners and stateless persons permanently residing in Ukraine - foreigners and stateless persons who have received a permanent residence permit, unless otherwise provided by law;
9) foreigners and stateless persons temporarily staying on the territory of Ukraine - foreigners and stateless persons staying on the territory of Ukraine during a visa or for a period established by the legislation or international agreement of Ukraine, or if their stay on the territory of Ukraine is extended in the prescribed manner;
10) foreigners and stateless persons temporarily residing in Ukraine - foreigners and stateless persons who have received a temporary residence permit unless otherwise provided by law;
11) country of citizenship - the country or countries, the citizen (subject) of which (which) person is;
12) country of previous permanent residence - a country in which a foreigner or a stateless person permanently resided before arriving in Ukraine;
13) country of origin of a foreigner or stateless person - country or countries of citizenship or country of previous permanent residence;
14) illegal migrant - a foreigner or a stateless person who crossed the state border outside checkpoints or at checkpoints, but with the avoidance of border control and did not immediately apply for refugee status or asylum in Ukraine, as well as a foreigner or a person without citizenships who have legally arrived in Ukraine, but after the expiration of the period of their stay have lost the grounds for further stay and evade leaving Ukraine;
15) stateless person - a person who is not considered a citizen of any state under its law;
{Paragraph 15 of the first part of Article 1 as amended by Law № 693-IX of 16.06.2020 - for entry into force, see paragraph 1 of section II}
16) passport document of a foreigner - a document issued by an authorized body of a foreign state or a UN statutory organization confirming the citizenship of a foreigner, certifying the identity of a foreigner or a stateless person, granting the right to enter or leave the country and recognized by Ukraine;
{Paragraph 16 of the first part of Article 1, as amended under Law № 5492-VI of 20.11.2012 }
17) permanent residence permit - a document certifying the identity of a foreigner or a stateless person and confirming the right to permanent residence in Ukraine;
18) temporary residence permit - a document certifying the identity of a foreigner or a stateless person and confirming the legal grounds for temporary residence in Ukraine;
19) identity card for return - a document issued to a foreigner or a stateless person in cases provided for by international agreements of Ukraine on readmission (acceptance and transfer of persons);
20) host party - Ukrainian enterprises, institutions and organizations, representative offices (branches) of foreign enterprises, institutions, organizations, representative offices of international organizations, as well as natural persons (citizens of Ukraine, foreigners, and stateless persons) registered in the manner prescribed by law or are temporarily on the territory of Ukraine in connection with studies, internships, work, or on other legal grounds, and invite or receive foreigners and stateless persons;
21) stateless person's certificate for going abroad - a document certifying a stateless person during his/her crossing the state border of Ukraine and staying abroad;
22) readmission - transfer from the territory of Ukraine or admission to the territory of Ukraine of foreigners and stateless persons on the grounds and under the procedure established by international treaties of Ukraine;
23) registration at a checkpoint across the state border - affixing in the passport document and/or immigration card of a foreigner or stateless person or in other documents provided by law, marks "Entry," entering information about the foreigner or stateless person, their passport data to the relevant register;
24) transit travel - entry of a foreigner or a stateless person into Ukraine from one state, movement within the time specified in the travel ticket (and in the absence of a ticket - the time actually required to cross the territory of Ukraine on the relevant mode of transport) through Ukraine and going abroad to another state;
25) third country - a country that is not the country of origin of a foreigner or a stateless person;
26) family members of a foreigner or a stateless person - husband (wife), minor children, including minor children of husband (wife), disabled parents and other persons who are considered family members following the law of the country of origin;
27) point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine - a state institution intended for the temporary detention of foreigners and stateless persons:
in respect of which the court has decided on forced expulsion;
in respect of which the court has decided on detention to identify and ensure forced expulsion, including those adopted under international treaties of Ukraine on readmission;
detained by the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by law, its territorial bodies, and units for a term and in the manner prescribed by the legislation of Ukraine;
detained by a court decision until the consideration of the application for recognition as a refugee or a person in need of additional protection in Ukraine, or a stateless person;
{Paragraph five of paragraph 27 of the first part of Article 1, as amended following Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
{Part one of Article 1 is supplemented by paragraph 27 following Law № 1379-VIII of May 19, 2016 }
28) legal representatives of the child - parents (adoptive parents), foster parents, foster parents, guardians, trustees (including guardians or trustees appointed as such before arrival in Ukraine, or another adult who voluntarily or by force before arrival in Ukraine custom of the country of origin took responsibility for the upbringing of the child), representatives of institutions acting as guardians and trustees.
{Part, one of Article 1, is supplemented by paragraph 28 following Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
2. The term "child divorced from a family" is used in this Law in the meaning given in the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection."
{Article 1 is supplemented by part two following the Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
Article 2. Legislation on the legal status of foreigners and stateless persons
1. The legal status of foreigners and stateless persons is determined by the Constitution of Ukraine, this and other laws of Ukraine, and international treaties of Ukraine.
If an international treaty of Ukraine establishes rules other than those provided for by this Law, the rules provided for by such international treaty of Ukraine shall apply.
Article 3. Principles of the legal status of foreigners and stateless persons
1. Foreigners and stateless persons in Ukraine legally enjoy the same rights and freedoms and bear the same obligations as citizens of Ukraine, except as provided by the Constitution, laws, or international treaties of Ukraine.
2. Foreigners and stateless persons under the jurisdiction of Ukraine, regardless of the legality of their stay, have the right to recognize their legal personality and fundamental human rights and freedoms.
3. Foreigners and stateless persons are obliged to abide by the Constitution and laws of Ukraine strictly, other normative legal acts, not to encroach on the rights and freedoms, honor and dignity of other people, the interests of society, and the state.
Article 4. Grounds for foreigners and stateless persons to stay on the territory of Ukraine
1. Foreigners and stateless persons may, in accordance with the Law of Ukraine "On Immigration," immigrate to Ukraine for permanent residence.
2. Foreigners and stateless persons who have been recognized as refugees in Ukraine or who have been granted asylum in Ukraine shall be deemed to be permanent residents of Ukraine from the moment of recognition as a refugee in Ukraine or granting asylum in Ukraine. A refugee certificate confirms the permanent residence of refugees on the territory of Ukraine.
3. Foreigners and stateless persons who are recognized as persons in need of additional protection or who have been granted temporary protection in Ukraine shall be deemed to be those who legally reside temporarily on the territory of Ukraine for the period of circumstances in which was granted additional or temporary protection. Temporary residence on the territory of Ukraine of such foreigners and stateless persons is confirmed by a certificate of a person in need of additional protection in Ukraine or a certificate of a person who has been granted temporary protection in Ukraine.
4. Foreigners and stateless persons who, in accordance with the law, arrived in Ukraine for employment and received a temporary residence permit are considered to be legally present on the territory of Ukraine for the period of work in Ukraine.
5. Foreigners and stateless persons who arrived in Ukraine to participate in the implementation of international technical assistance projects, duly registered, and received a temporary residence permit, are considered legally on the territory of Ukraine for the period of work in Ukraine.
6. Foreigners and stateless persons who came to Ukraine to preach religious beliefs, perform religious rites, or other canonical activities at the invitation of religious organizations and in agreement with the state body that registered the relevant religious organization and received a temporary residence permit are considered those who are legally on the territory of Ukraine for the period of activity in Ukraine.
7. Foreigners and stateless persons who arrived in Ukraine to participate in the activities of branches, offices, representative offices, and other structural units of public (non-governmental) organizations of foreign states, duly registered, and received a temporary residence permit, are considered to be legally are on the territory of Ukraine for the period of activity in Ukraine.
8. Foreigners and stateless persons who arrived in Ukraine to work in the missions of foreign business entities in Ukraine, duly registered, and received a temporary residence permit, are considered legally present in Ukraine for the period of employment in Ukraine.
9. Foreigners and stateless persons who arrived in Ukraine to work in branches or representative offices of foreign banks, duly registered, and received a temporary residence permit, are considered legally present in Ukraine for the period of work in Ukraine.
10. Foreigners and stateless persons who arrived in Ukraine to conduct cultural, scientific, educational activities on the grounds and in the manner prescribed by international treaties of Ukraine or special programs, as well as foreigners and stateless persons who arrived in Ukraine to participate in international and regional volunteer programs or participation in the activities of organizations and institutions that involve volunteers in their activities in accordance with the Law of Ukraine "On volunteering," information about which is posted on the official website of the central executive body that implements the state policy in the field of volunteering, received a temporary residence permit and carried out volunteering based on these organizations and institutions, are considered to be are legally on the territory of Ukraine for the period of such activity.
{Part ten of Article 4 as amended in accordance with Law № 1539-VII of June 19, 2014; as amended by Law № 246-VIII of March 5, 2015 }
11. Foreigners and stateless persons who came to Ukraine to work as a correspondent or a representative of foreign mass media and received a temporary residence permit are considered legally present on the territory of Ukraine for the period of work in Ukraine.
12. Foreigners and stateless persons who are founders and/or participants and/or beneficial owners (controllers) of a legal entity registered in Ukraine and arrived in Ukraine to control the activities of such legal entities and received a temporary residence permit are considered to be those who are legally on the territory of Ukraine for the period of validity of the certificate.
The basis for the issuance of a temporary residence permit in the case provided for in this part is the following:
1) a foreigner and a stateless person are the founder and/or participant and/or beneficial owner (controller) of a legal entity, the data on which are entered into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations;
2) the amount of ownership of a foreigner or a stateless person or a foreign legal entity, the beneficiary (controller) of which he is, in the authorized capital of a Ukrainian legal entity, is not less than 100 thousand euros at the official exchange rate set by the National Bank of Ukraine on the date of foreign investment.
{Article 4 is supplemented by a new part in accordance with the Law № 2058-VIII of 23.05.2017}
13. Foreigners and stateless persons who arrived in Ukraine to study and receive a temporary residence permit are considered to be legally present on the territory of Ukraine for the period of study.
14. Foreigners and stateless persons who arrived in Ukraine for the purpose of family reunification with persons who are citizens of Ukraine, or during their stay on legal grounds on the territory of Ukraine in the cases specified in parts three to thirteen of this Article, married a citizen of Ukraine and received a temporary residence permit, are considered to be legally present on the territory of Ukraine for the period before obtaining a permanent residence permit or acquiring Ukrainian citizenship.
{Part fourteen of Article 4, as amended in accordance with Laws № 2058-VIII of 23.05.2017, № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
15. Foreigners and stateless persons who arrived in Ukraine for family reunification with the persons specified in parts two to thirteen of this Article and received a temporary residence permit shall be deemed legally present on the territory of Ukraine. For the period specified in parts two to thirteen of this article.
{Part fifteen of Article 4 as amended in accordance with Law № 2058-VIII of 23.05.2017 }
16. Foreigners and stateless persons who entered Ukraine on other legal grounds shall be considered those who are temporarily on the territory of Ukraine on legal grounds for the period of entry permit issued by the visa or for the period established by the legislation or international agreement of Ukraine.
17. Foreigners and stateless persons who permanently resided on the territory of Ukraine before the decision to terminate the citizenship of Ukraine and after the decision to terminate the citizenship of Ukraine remained permanently residing on its territory are considered to be permanent residents.
18. Persons released from places of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine, based on a court decision to cancel the decision on their detention or forced expulsion from Ukraine, or who were not in such places before the end of the stay forcibly deported from Ukraine due to lack of travel document, transport connection with the country of their origin or for other reasons independent of such persons, are recognized as those who are legally temporarily in Ukraine for the period of circumstances that prevent their forced deportation. Of Ukraine.
{Part of Article 4 as amended by Law № 1379-VIII of May 19, 2016 }
19. Foreigners and stateless persons who have duly concluded a contract for military service in the Armed Forces of Ukraine shall be deemed to be legally temporarily residing in the territory of Ukraine for the period of validity of the contract for military service in the Armed Forces of Ukraine. Temporary residence on the territory of Ukraine of such foreigners and stateless persons is confirmed by a military ticket of privates, sergeants, and non-commissioned officers.
{Article 4 is supplemented by a part in accordance with Law № 716-VIII of October 6, 2015 }
20. Foreigners and stateless persons who provided instructional (shooting, tactical, medical, radio engineering, explosive and other) assistance to units of the Armed Forces of Ukraine, other military formations, law enforcement agencies of special purpose, the Ministry of Internal Affairs of Ukraine, involved to conduct an anti-terrorist operation, being directly in the areas of its conduct, and / or involved in measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in Donetsk and Luhansk regions, being directly in the areas of their conduct, or voluntary formation, formed or self-organized to defend independence,sovereignty and territorial integrity of Ukraine and together with the above units participated directly in the anti-terrorist operation, ensuring its implementation, being directly in the areas of the anti-terrorist operation during its implementation, as well as participating in combat or service tasks of the anti-terrorist operation and / or ensuring national security and defense, repelling and deterring the armed aggression of the Russian Federation in Donetsk and Luhansk regions together with the above units and volunteer formations and having received a temporary residence permit, are considered to be on the territory of Ukraine on legal grounds, including in cases if the passport document has expired or is subject to exchange,for the time until the end of the temporary occupation of the territory of Ukraine by the Russian Federation in the senseLaw of Ukraine "On Peculiarities of State Policy to Ensure State Sovereignty of Ukraine in the Temporarily Occupied Territories in Donetsk and Luhansk Oblasts".
{Article 4 is supplemented by part twenty in accordance with Law № 2743-VIII of June 6, 2019 }
21. Foreigners or stateless persons specified in part twenty of Article 4 of this Law, on the date of application for a temporary residence permit and until the day of its receipt, are considered to be on the territory of Ukraine on legal grounds.
{Article 4 is supplemented by part twenty-first in accordance with Law № 2743-VIII of June 6, 2019 }
22. On legal grounds, foreigners and stateless persons on the Ukrainian territory are obliged to have a valid passport document. A foreigner or a stateless person in case of loss or exchange of a passport document must notify in writing within three working days the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants.
A person who cannot obtain a passport document because he is not considered a citizen of any state under its law has the right to apply to the central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, with a statement of recognition as a stateless person, regardless of the legality or illegality of his stay in Ukraine.
{Article 4 is supplemented by part twenty-two in accordance with the Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
23. Persons recognized as stateless persons following the procedure established by this Law and who have received a temporary residence permit are considered to be temporarily staying on the territory of Ukraine on legal grounds for the period before obtaining a permanent residence permit or acquiring Ukrainian citizenship.
{Article 4 is supplemented by part twenty-three following Law № 693-IX of 16.06.2020 - regarding the entry into force. see paragraph 1 of section II}
Article 5. Certificate of permanent residence and certificate of temporary residence
1. Foreigners and stateless persons referred to in parts one and seventeen of Article 4 of this Law shall receive a permanent residence permit.
{Part one of Article 5 as amended in accordance with Law № 2058-VIII of 23.05.2017 }
2. The basis for issuing a permanent residence permit to foreigners and stateless persons referred to in part seventeen of Article 4 of this Law is the President of Ukraine's relevant decree on termination of Ukraine's citizenship and applications of such persons.
{Part two of Article 5 as amended in accordance with Law № 2058-VIII of 23.05.2017 }
3. Foreigners and stateless persons specified in parts four to fifteen, eighteen, and twentieth of Article 4 of this Law shall receive a temporary residence permit.
{Part three of Article 5 as amended in accordance with Laws № 2058-VIII of 23.05.2017, № 2743-VIII of 06.06.2019 }
4. The basis for the issuance of a temporary residence permit in the case provided for in part four Article 4 of this Law, there is an application of a foreigner or a stateless person, a valid health insurance policy, a work permit for foreigners, and stateless persons (except for foreigners and stateless persons who under Ukrainian law have the right to employment without such a permit) and the employer's obligation to notify the central executive body implementing state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, and the central body executive power, which ensures the formation and implementation of state policy in the field of labor, employment, labor migration, labor relations, social dialogue, on early termination or termination of an employment agreement (contract) with such a foreigner or a stateless person.
{Paragraph one of the fourth part of Article 5, as amended in accordance with Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
For foreigners and stateless persons whose employment following the legislation of Ukraine is carried out without a work permit for foreigners and stateless persons, an employment contract (contract) is submitted instead of such a permit, and for persons with the status of a foreign Ukrainian - an employment contract ) and a certificate of a foreign Ukrainian.
{Part four of Article 5 as amended by Law № 1539-VII of June 19, 2014 }
5. The basis for the issuance of a temporary residence permit in the case provided for in part five of Article 4 of this Law is the application of a foreigner or stateless person, a valid health insurance policy, and the relevant application of a state institution, enterprise or organization recipient of the international technical project assistance.
6. The basis for issuing a temporary residence permit in the case provided for in part six of Article 4 of this Law is an application of a foreigner or a stateless person, a valid health insurance policy, submission of the relevant religious organization, and approval of the state body that registered the relevant religious organization.
7. The basis for the issuance of a temporary residence permit in the case provided for in part seven of Article 4 of this Law is an application of a foreigner or a stateless person, a valid health insurance policy, submission of a branch, branch, representative office or another structural unit of a foreign non-governmental organization. State in Ukraine and a copy of the registration certificate of the structural unit of a public (non-governmental) organization of a foreign state in Ukraine.
8. The grounds for issuing a temporary residence permit in the case provided for in part eight of Article 4 of this Law are an application of a foreigner or a stateless person, a valid health insurance policy, submission of a relevant representative office of a foreign business entity in Ukraine and a copy of registration certificate.
9. The grounds for issuing a temporary residence permit in the case provided for in part nine of Article 4 of this Law are an application of a foreigner or a stateless person, a valid health insurance policy, submission of a branch or representative office of a foreign bank in Ukraine and a copy of the branch accreditation certificate. Or representative offices.
10. The basis for the issuance of a temporary residence permit in the case provided for in part ten of Article 4 of this Law is an application of a foreigner or stateless person, a valid health insurance policy, submission of the relevant state body responsible for cultural, educational, scientific, sports, volunteer programs in which a foreigner or a stateless person came to Ukraine, or an organization or institution that involves volunteers, information about which is posted on the official website of the central executive body that implements the state policy in the field of volunteering, and a copy of the certificate of state registration of such organization or institution.
{Part ten of Article 5 as amended in accordance with Laws № 1539-VII of June 19, 2014, № 246-VIII of March 5, 2015 }
11. The grounds for issuing a temporary residence permit in the case provided for in part eleven of Article 4 of this Law are an application of a foreigner or a stateless person, a valid health insurance policy, an application by a foreign media, and a submission by a central executive body implementing state policy. In the field of ensuring the information sovereignty of Ukraine.
{Part eleven of Article 5 as amended following Law № 938-VIII of January 26, 2016 }
12. The grounds for issuing a temporary residence permit in the case provided for in part twelve of Article 4 of this Law are:
1) application of a foreigner or a stateless person;
2) a valid health insurance policy;
3) a written obligation of a legal entity to notify the central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, on the loss by a foreigner or a stateless person of the status of the founder and/or participant, and/or the beneficial owner (controller) of this legal entity;
4) other documents depending on the form of foreign investment:
a copy of the constituent document of the legal entity;
information on the share of a foreigner or stateless person - founder (participant) of a legal entity of not less than 100 thousand euros at the official exchange rate set by the National Bank of Ukraine on the date of foreign investment as a contribution to the authorized capital, if foreign investment is made in cash form;
a copy of the cargo customs declaration for movable property transferred as a contribution to the authorized capital of the legal entity, and a copy of the act of acceptance-transfer of such property, if the foreign investment is made in the form of property;
a copy of the act of acceptance-transfer of movable or immovable property transferred as a contribution to the authorized capital of a legal entity if the foreign investment is made in property form, but such property is acquired on the territory of Ukraine;
If a foreigner or a stateless person is a shareholder of a joint-stock company registered in Ukraine, account statement in securities.
The documents specified in the second to sixth paragraphs of item 4 must be certified by an authorized official of the legal entity.
Territorial body of the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, to decide on the issuance of a certificate for temporary residence independently receives information:
that a foreigner or a stateless person is the founder and/or participant and/or beneficial owner (controller) of a legal entity - from the Unified State Register of Legal Entities, Individuals - Entrepreneurs and Public Associations;
on the official exchange rate set by the National Bank of Ukraine on the date of foreign investment - from the official website of the National Bank of Ukraine.
{Article 5 is supplemented by a new part following the Law № 2058-VIII of 23.05.2017 }
13. The grounds for issuing a temporary residence permit in the case provided for in part thirteen of Article 4 of this Law are an application of a foreigner or a stateless person, a valid health insurance policy, a document confirming the fact of study in Ukraine and the obligation of the educational institution to notify the central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, on expulsion from such an institution.
{Part thirteen of Article 5 as amended by Law № 2058-VIII of 23.05.2017 }
14. The basis for the issuance of a temporary residence permit in the case provided for in part fourteen of Article 4 of this Law is an application of a foreigner or stateless person and a document confirming marriage to a citizen of Ukraine, a valid health insurance policy. If a marriage between a citizen of Ukraine and a foreigner or a stateless person has been concluded outside Ukraine following the law of a foreign state, the validity of such marriage shall be determined following the Law of Ukraine "On Private International Law."
{Part fourteen of Article 5 as amended by Law № 2058-VIII of 23.05.2017 }
15. The grounds for issuing a temporary residence permit in the case provided for in part fifteen of Article 4 of this Law shall be an application of a foreigner or a stateless person, a valid health insurance policy, and a document according to which they are following the law of the foreigner's country of origin. Without citizenship, are considered members of the family of the person specified in parts two to thirteen of Article 4 of this Law. A document confirming belonging to family members is recognized as valid in Ukraine in its legalization unless otherwise provided by law or an international treaty of Ukraine.
{Part fifteen of Article 5 as amended in accordance with Law № 2058-VIII of 23.05.2017 }
16. The basis for the issuance of a temporary residence permit in the case provided for in part eighteen of Article 4 of this Law is an application of a foreigner or stateless person submitted after the expiration of the period of detention of foreigners and stateless persons illegally staying in Ukraine; as well as the conclusion of the central executive body implementing state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, the impossibility of forced expulsion from Ukraine of a foreigner or a stateless person due to the absence of a travel document, transport connection with the country of origin of a foreigner or a stateless person or for reasons who do not depend on such persons, after the expiration of the period of detention of foreigners and stateless persons who are illegally staying on the territory of Ukraine, or if the technical impossibility of forcible expulsion of a foreigner has been clarified earlier.
{Part of Article 5 as amended in accordance with Laws № 1379-VIII of 19.05.2016, № 2058-VIII of 23.05.2017 }
17. The basis for the issuance of a temporary residence permit for persons referred to in part twenty of Article 4 of this Law is an application of a foreigner or a stateless person and one of the following documents:
1) submission of the Ministry of Defense of Ukraine, another central executive body that manages military formations formed under the laws of Ukraine, or a law enforcement body or a state body of special-purpose with law enforcement functions that performed anti-terrorist operation tasks, took measures to ensure national security and defense, repulse and deterrence of the armed aggression of the Russian Federation in Donetsk and Luhansk regions;
2) the request of the commander of a unit of the Armed Forces of Ukraine, other military formations, law enforcement agencies, a state body of special-purpose with law enforcement functions, which performed the tasks of the anti-terrorist operation, took measures to ensure national security and defense, repel and deter Russian aggression Federation in Donetsk and Luhansk regions, executed according to the model and in the order established by the Cabinet of Ministers of Ukraine.
In case of receipt of a written refusal to submit a petition or petition provided for in paragraphs 1 and 2 of this part, a foreigner and a stateless person may submit together with the relevant application a court decision establishing the fact of his belonging to the persons specified in part twenty of Article 4 of this Law.
{Article 5 is supplemented by a new part in accordance with Law № 2743-VIII of 06.06.2019 }
18. In addition to the documents for the relevant category of persons defined in parts one to seventeen of this article, foreigners and stateless persons shall submit the following documents to obtain a temporary residence permit:
{Paragraph one of the eighteenth part of Article 5 as amended following Law № 2743-VIII of 06.06.2019 }
1) 4 color photographs measuring 3.5 x 4.5 centimeters;
2) a passport document of a foreigner or a stateless person with a relevant long-term visa and a copy of a page of a passport document with such a visa, unless the person is obliged to obtain such a visa following this Law, other laws of Ukraine or international treaties of Ukraine. Foreigners or stateless persons referred to in part twenty Article 4 of this Law may submit a passport document that has expired or is subject to exchange, if upon receipt of a new document a person is obliged to apply to the authorities of the country of citizenship or country of the previous residence if such country has committed an act of aggression against Ukraine either does not recognize the territorial integrity and sovereignty of Ukraine or refuses to recognize the illegality of encroachments on the territorial integrity and sovereignty of Ukraine, in particular, voted against the United Nations General Assembly Resolution "On the Territorial Integrity of Ukraine" of March 27, 2014, № 68 ;
{Paragraph 2 of the eighteenth part of Article 5, as amended following Law № 2743-VIII of 06.06.2019 }
3) copies of the pages of the passport document of a foreigner or stateless person with personal data with a translation into Ukrainian, certified in the prescribed manner;
4) a document confirming state duty and administrative fee payment for the certificate's issuance, execution, or extension.
In case of extension of the temporary residence permit, foreigners and stateless persons submit the original temporary residence certificate.
The authorized body shall return the passport document to the person immediately after accepting the application for issuance or extension of the certificate. "
{Article 5 is supplemented by a new part following the Law № 2058-VIII of 23.05.2017 }
19. The basis for issuing a temporary residence permit in the case provided for in part twenty-two of Article 4 of this Law is the application of a stateless person, a copy of the decision on recognition as a stateless person issued by the central executive body implementing state policy. Migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, and a written obligation of the person within 30 days to notify in writing the central executive body implementing the state migration policy (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, on registration of citizenship of any state.
{Part nineteen of Article 5 as amended by Law № 693-IX of 16.06.2020 - for entry into force, see paragraph 1 of section II}
20. Public authorities are prohibited from requiring foreigners or stateless persons, members of their families, employers, and other persons to submit any other documents or information not specified by law to issue a permanent residence permit and a temporary residence permit.
{Article 5 is supplemented by a part in accordance with the Law № 2058-VIII of 23.05.2017; with changes made in accordance with the Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
21. Technical description, samples of forms of permanent residence and temporary residence certificates, the procedure for registration, issuance, exchange, cancellation, transfer, withdrawal, return to the state, invalidation, destruction of permanent residence certificate, and temporary residence permit shall be established by the Cabinet of Ministers of Ukraine.
{Article 5 is supplemented by part twenty-first following the Law № 693-IX of 16.06.2020 - regarding the entry into force. See paragraph 1 of section II}
Article 5 - 1. Validity of the temporary residence permit
1. The period of validity of the temporary residence permit for the relevant categories of foreigners and stateless persons is:
1) in the case specified in part four of Article 4 of this Law, the term of validity of the work permit for foreigners and stateless persons;
2) in the case specified in part five of Article 4 of this Law, the term of implementation of the international technical assistance project, which is indicated in the project registration card;
3) in the case specified in part twelve of Article 4 of this Law - two years;
4) in the case specified in part thirteen of Article 4 of this Law, - the period of study, which is indicated in the document confirming the fact of study in Ukraine;
4 - 1 ) in the case specified in part twenty of Article 4 of this Law - three years;
{Part one of Article 5 - 1 is supplemented by paragraph 4 - 1 in accordance with Law № 2743-VIII of June 6, 2019 }
5) in all other cases specified in Article 4 of this Law - one year.
2. The validity of a temporary residence permit may not exceed the validity of a passport document of a foreigner or a stateless person. This provision does not apply to foreigners and stateless persons in part twenty of Article 4 of this Law.
{Part two of Article 5 - 1 as amended following Law № 2743-VIII of 06.06.2019 }
3. The validity of a temporary residence permit may be extended an unlimited number of times if there are grounds provided by law.
4. To extend the validity of a certificate, a foreigner or a stateless person must confirm the employment in this legal entity of at least three citizens of Ukraine who started work at least six months before the date of application for extension of the certificate or payment of income tax by the legal entity. Enterprises in the amount of not less than 50 minimum wages for the last full financial year before the date of application for extension of the certificate.
{The law is supplemented by Article 5 - 1 following the Law № 2058-VIII of 23.05.2017 }
Article 5 - 2. Obtaining a long-term visa to obtain a temporary residence permit
1. Foreigners and stateless persons are obliged to obtain a long-term visa to obtain a temporary residence permit in Ukraine unless otherwise provided by laws or international treaties of Ukraine.
This requirement does not apply to foreigners and stateless persons in respect of whom a decision has been made to draw up documents to resolve the issue of recognition as a refugee or a person in need of additional protection.
2. The requirement provided for in the first paragraph of part one of this Article shall not apply to foreigners and stateless persons in the case of:
1) extension of the validity of a temporary residence permit if they have submitted a relevant application within the period specified in part two of Articles 5 - 3 of this Law;
2) obtaining a certificate for the first time by children of foreigners and stateless persons staying in Ukraine under parts fourteen and fifteen of Article 4 of this Law, provided that at the time of reaching the age of 16, they were on the territory of Ukraine legally and applied for certificates within one month from the date of reaching 16 years of age.
{The law is supplemented by Articles 5 - 2 following the Law № 2058-VIII of 23.05.2017 }
Article 5 - 3. Term of issuance of a temporary residence permit
1. A temporary residence permit shall be issued within ten days from the date of receipt of the application for its execution or extension of the certificate's validity.
2. A foreigner or a stateless person shall submit documents to extend the validity of a temporary residence permit not later than 10 calendar days before the expiration of its validity.
{The law is supplemented by Articles 5 - 3 following the Law № 2058-VIII of 23.05.2017 }
Articles 5 to 4. The administrative fee for registration or extension of a temporary residence permit
1. The administrative fee for the issuance or extension of a temporary residence permit is charged in the amount of 20 non-taxable minimum incomes.
{The law is supplemented by Articles 5 - 4 following the Law № 2058-VIII of 23.05.2017 }
Articles 5 to 5. The procedure for accepting an application for registration or extension of a temporary residence permit
1. A foreigner or a stateless person shall apply for registration or extension of a temporary residence permit and relevant documents specified by this Law and the Cabinet of Ministers of Ukraine, personally or through his representative based on a power of attorney to the territorial body of the central executive body. Migration policy (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants.
2. The territorial body of the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (illegal) migration, citizenship, registration of individuals, refugees, and other categories of migrants, is obliged to provide a foreigner or a stateless person or his / her representative a description of the accepted documents with the signature of the authorized person who received them, indicating his / her position, surname and name and the date of acceptance of the documents.
3. A foreigner or a stateless person receives a temporary residence permit in person.
{The law is supplemented by Articles 5 - 5 following the Law № 2058-VIII of 23.05.2017 }
Article 6. Recognition of a foreigner or a stateless person as a refugee, a person in need of additional protection, and granting temporary protection
1. A foreigner or a stateless person may be recognized as a refugee or a person in need of additional protection, or they may be granted temporary protection in accordance with the procedure established by law.
Article 6 - 1. Recognition as a stateless person
1. An application for recognition as a stateless person shall be submitted to the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other categories specified by law: migrants, and able-bodied adult.
Information about the child is given in the statement of one of its legal representatives. One of its legal representatives applies for recognizing a child divorced from the family as a stateless person. His/her legal representative submits the application for recognition of an incapable person as a stateless person, as authorized by the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals., refugees and other statutory categories of migrants, makes a statement on the application. If a person is unable to apply for recognition as a stateless person due to illiteracy or physical disabilities, the application shall be made at the request of an authorized person of the central executive body,
The application is accompanied by an identity document or a document granting the right to enter or leave the country, issued by a foreign state (if any), a document certifying the fact of non-citizenship of another state (if any), or another document confirming the information contained in the application. If the person applying for recognition as a stateless person does not have the above-mentioned documents, with his/her written consent, relatives, neighbors, or other persons (at least three) may be interviewed, confirming the facts stated in the application.
A person who applies for recognition as a stateless person has the right to an interview with authorized persons of the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of physical persons, refugees and other categories of migrants defined by law.
A person who applies for recognition as a stateless person is obliged to cooperate with the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, to appear for interviews, to provide evidence for recognition as a stateless person.
A person who submits an application for recognition as a stateless person and does not speak Ukrainian, the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, provides a free translator from the language of the person, as well as a written translation of his documents.
When submitting an application for recognition as a stateless person, a person provides his / her biometric data for recording.
2. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, within six months from the date of submission application for recognition as a stateless person based on all available information and documents decides on recognition as a stateless person or refusal to recognize a stateless person. The term for consideration of such an application may be extended by an authorized person of the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants.
When considering an application for recognition as a stateless person, the central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, takes the necessary measures to collect information from the place of birth of such person, countries or places of his previous permanent and long-term residence, as well as from the country of which his family members have citizenship.
During the period of consideration of the application for recognition as a stateless person, a person is considered to be a person who is temporarily on the territory of Ukraine on legal grounds. To confirm this, the person is issued a standard application certificate for recognition as a stateless person.
If during the procedure of recognition as a stateless person circumstances are clarified that may indicate the existence of conditions for recognition of a person as a refugee or a person in need of additional protection, in accordance with the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection," the application for recognition as a stateless person shall be suspended until the consideration of the application for recognition as a refugee or a person in need of additional protection is completed. Depending on the results of the consideration of the application for recognition as a refugee or a person in need of additional protection, the application for recognition as a stateless person is resumed or terminated.
If during the procedure of recognition as a stateless person circumstances are clarified that may indicate that a person belongs to the citizenship of Ukraine in accordance with the Law of Ukraine "On Citizenship of Ukraine," consideration of the application for recognition as a stateless person is suspended. Depending on the results of such verification, consideration of the application for recognition as a stateless person shall be resumed or terminated.
3. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, decides to refuse recognition of stateless person if:
a person who has applied for recognition as a stateless person is a citizen of Ukraine or another state, provided that the competent authority of that state has recognized his / her citizenship and the applicant has been documented in accordance with the legislation of that state;
the person who applied for recognition as a stateless person knowingly submitted invalid (except for documents that became invalid due to their expiration), forged documents, or provided false information about the circumstances that affect the determination of his status;
a person who has applied for recognition as a stateless person has committed a crime against peace, a war crime, or a crime against humanity as defined by international instruments designed to prevent such crimes or has committed a serious non-political crime outside the country of residence before she has been admitted to that country or is guilty of acts contrary to the purposes and principles of the United Nations.
After the decision to refuse recognition as a stateless person within three working days, the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other categories of migrants specified by law, sends a notice to the person who applied for recognition as a stateless person or his / her legal representative, indicating the grounds for refusal in accordance with this Law and explaining the procedure for appealing such a decision.
4. The decision to refuse recognition as a stateless person may be appealed by the person who applied for recognition as a stateless person or by his / her legal representative to the administrative court within 20 working days from the date of receipt of the notice of refusal as a stateless person.
If a person who has applied for recognition as a stateless person has exercised the right to appeal, the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration natural persons, refugees and other categories of migrants defined by law, extends the validity of her certificate of application for recognition as a stateless person until the final consideration of her application.
If a person who has applied for recognition as a stateless person has not exercised the right to appeal, the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of natural persons, refugees and other statutory categories of migrants, confiscates a certificate of application for recognition as a stateless person, returns to it the originals of documents submitted together with the application for recognition as a stateless person (if any), and decides on voluntary or compulsory return or forced expulsion.
5. The decision on recognition as a stateless person shall be revoked on the grounds provided for in part three of this article. After the decision to cancel the decision on recognition as a stateless person within three working days, the central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants specified by law, shall send such a stateless person or his / her legal representative a notice indicating the grounds for cancellation in accordance with this Law and an explanation of the appeal procedure. The decision to revoke the decision on recognition as a stateless person may be appealed to the administrative court within 20 working days from the date of receipt of the person's notice of revocation of the decision.
If a person against whom a decision to revoke a stateless person has been exercised has exercised the right to appeal, the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, does not withdraw from it a temporary or permanent residence permit and a stateless person's certificate for travel abroad (if any) until the final decision on revocation of the decision to recognize a stateless person.
If the person against whom the decision to revoke the recognition as a stateless person has not exercised the right to appeal, the central executive body implementing the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other statutory categories of migrants, confiscates a certificate of temporary or permanent residence and a stateless person's certificate for travel abroad (if any), obtained based on a decision on recognition as a stateless person and decided on the issue of voluntary or forced return or forced expulsion.
6. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other categories of migrants defined by law, keeps records of persons who applied with an application for recognition as a stateless person in respect of whom a decision has been made to recognize or refuse recognition as a stateless person and to cancel the decision on recognition as a stateless person, as well as stateless persons who have been issued permanent or temporary residence certificates and stateless identity cards citizenship for travel abroad in accordance with the requirements of the Law of Ukraine "On the Unified State Demographic Register and documents confirming the citizenship of Ukraine, identity or special status."
7. The procedure for consideration of applications for recognition as a stateless person, samples of applications for recognition as a stateless person, certificates of application for recognition as a stateless person shall be established by the Cabinet of Ministers of Ukraine.
{The law is supplemented by Article 6 - 1 in accordance with the Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
Article 7. Granting of asylum
1. Aliens and stateless persons may be granted asylum in accordance with the procedure established by law.
Article 8. Acquisition of citizenship of Ukraine
1. Foreigners and stateless persons may acquire Ukrainian citizenship in accordance with the procedure established by the Law of Ukraine "On Citizenship of Ukraine."
Section II.
ENTRY INTO UKRAINE AND EXIT FROM UKRAINE
Article 9. Entry into Ukraine of foreigners and stateless persons and terms of their stay in Ukraine
1. Foreigners and stateless persons shall enter Ukraine in the presence of a passport document specified by this Law or an international agreement of Ukraine and a visa obtained in accordance with the established procedure unless otherwise provided by the legislation or international agreements of Ukraine. This rule does not apply to foreigners and stateless persons crossing the state border of Ukraine to recognize them as refugees or persons in need of additional or temporary protection or asylum.
2. Foreigners and stateless persons must submit their biometric data for recording during border control at border crossing points.
3. The period of stay of foreigners and stateless persons in Ukraine shall be established by a visa, legislation of Ukraine, or an international agreement of Ukraine.
Article 10. Issuance of a visa
1. Foreigners and stateless persons are obliged to submit their biometric data for registration during visa issuance unless otherwise provided by the legislation or international treaties of Ukraine. The rules for issuing visas to foreigners and stateless persons, including submitting their biometric data during registration, and the list of documents required for its receipt shall be established by the Cabinet of Ministers of Ukraine.
{Part one of Article 10 as amended by Law № 1328-IX of March 4, 2021 - shall be enforced from September 26, 2021}
2. The decision to issue a visa shall be made in accordance with the established procedure by a diplomatic mission or consular post of Ukraine, the Ministry of Foreign Affairs of Ukraine, or a representative office of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine.
Article 11. Grounds for refusal of a visa
1. A foreigner or a stateless person may be refused a visa if:
threats to the national security of the state or protection of public order, ensuring health care, protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in the territory of Ukraine;
stay in the database of persons who, according to the legislation of Ukraine, are not allowed to enter Ukraine or the right to leave Ukraine is temporarily restricted;
submission of an invalid passport document or a passport document belonging to another person;
submission of knowingly false information or forged other documents;
the absence of a valid health insurance policy provided that it can be issued in the territory of the state in which the relevant visa application is submitted;
lack of sufficient financial security for the period of the planned stay and for return to the country of origin or transit to a third country or the possibility to obtain sufficient financial security in a lawful manner on the territory of Ukraine;
lack of evidence confirming the purpose of the planned stay;
the absence of documents that make it possible to establish the applicant's intention to leave the territory of Ukraine before the expiration of the visa;
refusal of the applicant to submit his biometric data for their fixation, unless otherwise provided by the legislation or international agreements of Ukraine;
{Part one of Article 11 is supplemented with a new paragraph in accordance with Law № 1328-IX of March 4, 2021 - shall be enforced from September 26, 2021}
the applicant's request to terminate the consideration of the visa application.
2. The decision to refuse a visa shall be made by the authorized bodies that have decided on its issuance and execution.
Article 12. Grounds for cancellation of visa
1. A visa may be revoked during border control on the grounds and in the manner prescribed by the Law of Ukraine "On Border Control."
2. A visa shall be revoked during the stay of a foreigner or a stateless person on the territory of Ukraine in the case of:
detection of the fact of submission by a person during the issuance of a visa of an invalid or issued to another person passport document or forged other documents, or submission of knowingly false information;
decision-making on forced return or forced expulsion of a foreigner or a stateless person outside the territory of Ukraine.
3. Visa cancellation is carried out:
in the cases provided for in the second paragraph of part two of this article - by authorized officials of the central executive body implementing state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by the legislation, or the body of protection of the state border;
In the cases provided for in the third paragraph of part two of this article - by authorized officials of the body that decided on forced return or filed a lawsuit to the court to decide on forced expulsion - after the court makes such a decision.
4. The decision to cancel a visa may be appealed in the manner prescribed by law.
Article 13. Grounds for banning the entry of foreigners and stateless persons into Ukraine
1. A foreigner or a stateless person shall not be allowed to enter Ukraine:
in the interests of ensuring the national security of Ukraine or the protection of public order, or the fight against organized crime;
{Paragraph two of the first part of Article 13, as amended in accordance with Law № 671-IX of 04.06.2020 }
if it is necessary for the protection of health, protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;
if such a person submitted knowingly false information or forged documents when applying for entry into Ukraine;
if the passport document of such a person, the visa is forged, spoiled, or does not correspond to the established sample or belongs to another person;
if such a person violated the rules of crossing the state border of Ukraine, customs rules, sanitary norms, or rules at the checkpoint across the state border of Ukraine or failed to comply with legal requirements of officials and officials of state border guards, customs, and other bodies controlling the state border;
{Paragraph six of the first part of Article 13 as amended in accordance with Laws № 406-VII of 04.07.2013, № 440-IX of 14.01.2020 }
if during the previous stay on the territory of Ukraine a foreigner or a stateless person has not complied with the decision of a court or public authority authorized to impose administrative penalties or has other unfulfilled property obligations to the state, individuals, or legal entities, including those related to the previous expulsion, including after the expiration of the ban on further entry into Ukraine;
if such a person, in violation of the procedure established by the legislation of Ukraine, entered or left the temporarily occupied territory of Ukraine or the area of the anti-terrorist operation or attempted to enter these territories outside the entry-exit checkpoints;
{Part one of Article 13 is supplemented by the eighth paragraph in accordance with Law № 1207-VII of April 15, 2014; as amended by Law № 2293-VIII of February 27, 2018 }
2. If there are grounds specified in paragraphs two, seven, and eight of the first part of this article, information about a foreigner or a stateless person shall be entered into the database of persons who are not allowed to enter Ukraine, or the right to leave Ukraine is temporarily restricted. Of Ukraine.
{Part two of Article 13 as amended in accordance with Law № 1207-VII of April 15, 2014 }
3. The decision to ban entry into Ukraine for a period of three years is made by the central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, the Security Service of Ukraine or the state border guard body, or an authorized unit of the National Police of Ukraine. In case of non-compliance with the decision to ban entry into Ukraine, foreigners and stateless persons are prohibited from further entry into Ukraine for ten years, which is added to the part of the ban on entry into Ukraine, which has not expired until the re-decision to ban to Ukraine.
{Part three of Article 13 as amended following Laws № 2293-VIII of February 27, 2018, № 671-IX of June 4, 2020 }
Article 14. Return of foreigners and stateless persons who are not allowed to enter Ukraine
1. Foreigners and stateless persons who are not allowed to enter Ukraine when attempting to enter Ukraine at a checkpoint across the state border of Ukraine do not cross the state border of Ukraine and return to the state from which they came as soon as possible, or to the state that issued the passport document.
In case of impossibility of immediate return of a foreigner or a stateless person, they are at the checkpoint across the state border of Ukraine until their return.
Such foreigners and stateless persons shall be marked in the passport document on the ban on entry into Ukraine for the period specified in the decision adopted following part three of Article 13 of this Law.
2. Foreigners and stateless persons in case of illegal crossing of the state border of Ukraine outside the checkpoints across the state border of Ukraine are detained and if their violation of the legislation of Ukraine does not provide for criminal liability, returned to the country of the previous stay in the prescribed manner.
Such foreigners and stateless persons are banned from entering Ukraine by the state border guards for a period of five years. Information on them under the procedure established by the Cabinet of Ministers of Ukraine shall be entered into the database of persons who, following the legislation of Ukraine, are not allowed to enter Ukraine or the right to leave Ukraine is temporarily restricted.
{Paragraph two of the second part of Article 14 as amended following Law № 2293-VIII of February 27, 2018 }
3. During detention, state border guards, shall ensure fingerprinting and, if necessary, other biometric data of foreigners and stateless persons following the law.
Article 14 - 1. Return of foreigners and stateless persons to the temporarily occupied territory
1. Foreigners and stateless persons who arrived at the checkpoints of entry & exit from the temporarily occupied territory without a permit are not allowed further travel, and as soon as possible, they return to the temporarily occupied territory from which they came or to the state, which issued the passport document.
In case of impossibility of immediate return of a foreigner or a stateless person, they are at the point of entry-exit control before their return.
Such foreigners and stateless persons shall be marked in the passport document on the ban on entry into Ukraine for the period specified in the decision adopted following part three of Article 13 of this Law.
{The law is supplemented by Article 14 - 1 following the Law № 1207-VII of 15.04.2014 }
Article 15. Documents for entry into and exit from Ukraine of foreigners and stateless persons
1. Entry into and departure from Ukraine shall be carried out:
foreigners and stateless persons - according to the passport document in the presence of the relevant visa, unless another procedure for entry and exit is established by the legislation or international agreement of Ukraine;
foreigners permanently residing on the territory of Ukraine - according to the passport document and the certificate of permanent residence;
stateless persons permanently or temporarily residing on the territory of Ukraine - based on a stateless person's certificate for travel abroad;
{Paragraph four of the first part of Article 15, as amended in accordance with Law № 693-IX of 16.06.2020 - regarding the entry into force, see paragraph 1 of section II}
foreigners and stateless persons recognized as refugees in Ukraine or persons in need of additional protection in Ukraine - based on a travel document for travel abroad;
foreigners and stateless persons who are married to citizens of Ukraine - based on a passport document and a temporary residence permit;
foreigners and stateless persons who are married to the persons specified in parts two to twelve of Article 4 of this Law, according to a passport document and a temporary residence permit;
foreigners and stateless persons who are in Ukraine in connection with employment - based on a passport document and a temporary residence permit;
foreigners and stateless persons staying in Ukraine in connection with participation in the implementation of international technical assistance projects - based on a passport document and a temporary residence permit;
foreigners and stateless persons staying in Ukraine in connection with participation in the activities of religious organizations - based on a passport document and a temporary residence permit;
foreigners and stateless persons staying in Ukraine in connection with participation in the activities of branches, offices, representative offices, and other structural units of public (non-governmental) organizations of foreign states - based on a passport document and a temporary residence permit;
foreigners and stateless persons working in representative offices of foreign business entities in Ukraine - on a passport document and a temporary residence permit;
foreigners and stateless persons working in branches or representative offices of foreign banks on the territory of Ukraine - based on a passport document and a temporary residence permit;
foreigners and stateless persons staying in Ukraine in connection with cultural, scientific, educational activities on the grounds and in the manner prescribed by international treaties of Ukraine or special programs, as well as foreigners and stateless persons staying in Ukraine for participation in international and regional volunteer programs or participation in the activities of organizations and institutions that involve volunteers in accordance with the Law of Ukraine "On Volunteering," information on which is posted on the official website of the central executive body implementing state policy in the sphere of volunteer activity, - according to the passport document and the certificate for temporary residence;
{Paragraph fourteen of the first part of Article 15 as amended in accordance with Law № 246-VIII of March 5, 2015 }
foreigners and stateless persons working as a correspondent or a representative of foreign mass media on the territory of Ukraine - according to a passport document and a temporary residence permit;
foreigners and stateless persons who study in educational institutions of Ukraine for at least one year - based on a passport document and a temporary residence permit;
foreigners - citizens of states who may enter Ukraine without a visa following the legislation of Ukraine or an international agreement of Ukraine - on a passport document or other document, if provided by an international agreement of Ukraine;
foreigners who are citizens of states with which local border traffic agreements have been concluded - according to documents entitling them to cross the state border within the local border traffic, issued by diplomatic missions and consular posts of Ukraine in the manner prescribed by the Ministry of Foreign Affairs of Ukraine;
Foreigners and stateless persons who perform military service under a contract in the Armed Forces of Ukraine - on a passport document and a military ticket of privates, sergeants, and sergeants.
{Part one of Article 15 is supplemented by the nineteenth paragraph in accordance with Law № 716-VIII of October 6, 2015 }
2. Persons specified in part five of Article 16 of this Law may enter and leave Ukraine based on passport documents and accreditation cards.
{Part two of Article 15 as amended by Law № 1182-IX of 03.02.2021 }
Article 16. Registration of foreigners and stateless persons entering Ukraine or staying on the territory of Ukraine
1. Registration of foreigners and stateless persons entering Ukraine shall be carried out at checkpoints across the state border of Ukraine by state border guards.
2. The mark on registration of a foreigner or stateless person in a passport document and/or immigration card or other documents provided by the legislation of Ukraine is valid throughout Ukraine, regardless of the place of residence or residence of the foreigner or stateless person in Ukraine.
3. The rules on registration of foreigners and stateless persons shall not apply to persons intending to recognize them as refugees in Ukraine or a person in need of additional protection in Ukraine or obtaining asylum or temporary protection, have illegally crossed the state border of Ukraine. The central executive body that implements state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants, registers foreigners and stateless persons, which are subject to the law on refugees and persons in need of additional or temporary protection in Ukraine, only in the presence of one of the documents issued to such persons in accordance with this law.
4. The following foreigners and stateless persons shall be exempted from registration:
heads of state and government of foreign countries, members of parliamentary and governmental delegations, technical staff serving such delegations (persons), and members of their families who arrived in Ukraine at the invitation of the President of Ukraine, the Verkhovna Rada of Ukraine, or the Cabinet of Ministers of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea or the Council of Ministers of the Autonomous Republic of Crimea, ministries and other central executive bodies of Ukraine; persons and family members of persons who arrived in Ukraine based on UN certificates and organizations of the UN system;
foreigners or stateless persons who have not reached the age of eighteen;
foreign tourists on a cruise;
crewmembers of foreign warships (aircraft) who arrived in Ukraine in the prescribed manner;
persons who are part of the crews of foreign non-military vessels;
persons who are part of the crew of civil aircraft of international airlines, crews of international trains, in the case of stay at airports or stations (stations) specified in the schedule.
5. The Ministry of Foreign Affairs of Ukraine shall register:
{Paragraph one of the fifth part of Article 16 as amended by Law № 1182-IX of 03.02.2021 }
heads of foreign diplomatic missions and consular posts, members of diplomatic staff, consular officers, administrative and technical and service staff of diplomatic missions and consular posts, employees of military attachés and trade missions and their wives (husbands), children, dependent parents these persons;
employees of foreign affairs bodies of foreign states who arrived in Ukraine on official business and have a diplomatic or service passport, and members of their families;
officials of international organizations who arrived in Ukraine on official business, employees of missions of such organizations in Ukraine, as well as employees of missions of states at international organizations headquartered in Ukraine and accordance with the statutory documents of these organizations or relevant international agreements, enjoy diplomatic privileges and immunity, as well as members of their families;
private domestic workers (workers) of members of diplomatic staff, consular officials and administrative and technical staff of diplomatic missions and consular posts of foreign states, officials of international organizations who arrived in Ukraine on official business, employees of missions of such organizations in Ukraine, employees of state missions at international organizations headquartered in Ukraine, as well as members of their families;
{Part five of Article 16 is supplemented by a new paragraph following Law № 1182-IX of 03.02.2021 }
Sent by foreign ministries of foreign states or headquarters of international organizations of students of higher educational institutions of foreign states who undergo internships and/or training in diplomatic missions and consular posts of foreign states, international organizations and their missions, missions of states with international organizations -apartment in Ukraine.
{Part five of Article 16 is supplemented by a new paragraph following Law № 1182-IX of 03.02.2021 }
The procedure for registering persons specified in this part shall be determined by the Ministry of Foreign Affairs of Ukraine. The registration of the persons specified in the fifth and sixth paragraphs of this part shall be carried out in compliance with the principle of reciprocity.
{Paragraph seven of the fifth part of Article 16 as amended by Law № 1182-IX of 03.02.2021 }
Article 17. Extension of the period of stay of foreigners and stateless persons on the territory of Ukraine
1. A foreigner or a stateless person who is legally on the territory of Ukraine may have his / her stay extended (if there are legal grounds).
2. Documents regarding extension of stay in Ukraine shall be drawn up based on written applications of a foreigner or a stateless person and the host party, which shall be submitted no later than three working days before the expiration of the established period of stay in Ukraine.
3. An extension of the stay of a foreigner or a stateless person may be refused in the absence of grounds and sufficient financial security to cover the costs associated with the stay of a foreigner or stateless person in Ukraine or appropriate guarantees from the host party.
4. Extension of the period of stay on the territory of Ukraine is carried out by the central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees and other categories of migrants. Following the procedure established by the Cabinet of Ministers of Ukraine.
{Part four of Article 17 as amended by Law № 5459-VI of 16.10.2012 }
Article 18. Issuance of an identity card for returning
1. The central executive body issued an identity card for return that implements the state policy in migration (immigration and emigration), including combating illegal (illegal) migration, citizenship, registration of individuals, refugees, and other statutory categories of migrants.
{Part one of Article 18 as amended by Law № 5459-VI of 16.10.2012 }
2. The rules of registration, issuance, and form of the identity card for return shall be determined by the Cabinet of Ministers of Ukraine unless otherwise provided by the laws of Ukraine.
Article 19. Issuance of a stateless person's certificate for travel abroad
1. A stateless person who permanently or temporarily resides on the territory of Ukraine but does not have a travel document shall be issued a stateless person's certificate for travel abroad, which is a document certifying a stateless person when crossing the state border of Ukraine and staying abroad.
{Part one of Article 19 as amended by Law № 693-IX of 16.06.2020 - for entry into force, see paragraph 1 of section II}
Article 20. Transit through the territory of Ukraine of foreigners and stateless persons
1. Transit passage of foreigners and stateless persons through the territory of Ukraine is carried out in the presence of a Ukrainian transit visa unless otherwise provided by the legislation or international treaties of Ukraine.
2. The rules of transit passage through the territory of Ukraine of foreigners and stateless persons shall be approved by the Cabinet of Ministers of Ukraine.
3. In case of a foreigner or a stateless person's forced stop following the procedure established by the Cabinet of Ministers of Ukraine, the term of temporary stay on the territory of Ukraine may be extended until the circumstances that caused it are eliminated.
4. It is prohibited to transit foreigners and stateless persons through the temporarily occupied territory.
{Article 20 is supplemented by part four following Law № 1207-VII of April 15, 2014 }
Article 21. Financial support for entry into Ukraine, stay on the territory of Ukraine and transit through the territory of Ukraine of foreigners and stateless persons
1. Entry into Ukraine, stay on the territory of Ukraine, and transit through the territory of Ukraine of foreigners and stateless persons shall be carried out if there is sufficient financial security or if it is possible to obtain such security legally on the territory of Ukraine. The Cabinet of Ministers of Ukraine shall establish the procedure for confirming sufficient financial security and its amount.
2. Foreigners and stateless persons are obliged to submit information on confirmation of the availability of financial security at the request of officials authorized by law.
3. The availability of financial security or a guarantee of its availability may be confirmed by presenting for control:
cash in the national currency of Ukraine or convertible foreign currency;
a document indicating the amount of money based on which you can get money in banking institutions of Ukraine;
the payment card of international payment systems with a statement from the personal bank account of the applicant, confirming the available amount of money;
a document confirming the reservation or payment for housing, payment for meals in Ukraine;
contract for tourist services (vouchers);
a letter of guarantee from the host party that invited the foreigner or stateless person to undertake obligations to pay all expenses of the person related to his/her stay on the territory of Ukraine and departure from Ukraine;
Travel ticket for return to the country of citizenship or country of residence or to a third country.
Article 22. Leaving Ukraine
1. Foreigners and stateless persons who are legally present in Ukraine have the right to freely leave Ukraine's territory in accordance with the established procedure, except in cases established by law.
2. A foreigner or a stateless person shall not be allowed to leave Ukraine if:
he was informed about the suspicion of committing a criminal offense, or the criminal case is considered by the court - until the end of the criminal proceedings;
{Paragraph two of the second part of Article 22 as amended by Law № 4652-VI of April 13, 2012 }
he was convicted of a criminal offense - to serve a sentence or release from punishment;
{Paragraph three of the second part of Article 22 as amended by Law № 4652-VI of April 13, 2012 }
His departure is contrary to the interests of ensuring the national security of Ukraine - until the cessation of the circumstances preventing the departure.
3. Departure from Ukraine of a foreigner or a stateless person may be temporarily postponed by a court decision until the fulfillment of property obligations to individuals and legal entities in Ukraine unless otherwise provided by international treaties of Ukraine.
4. If there are grounds specified in parts two and three of this Article, information on a foreigner or a stateless person shall be entered into the database of persons who are not allowed to enter Ukraine following the legislation of Ukraine or are temporarily restricted from leaving Ukraine.
The Ministry of Health recommends on PCR or rapid test document:
Be in English (translation into Ukrainian is preferable - not obligatory.
State the sample collection time and the time when received the result.
Specifically, mention the test type – PCR – polymerase chain reaction.
Show the full name, date of birth, and passport number of the traveler.
Include name, address, and contact details of the lab performing the test
Clearly state the result – COVID-19 Not detected or negative.
Useful links COVID-19 Testing
Information Resources:
Other links:
Comments