Visa rules in Ukraine

As amended on 07.03.2012

APPROVED

by the Regulation of the Cabinet of Ministers of Ukraine

as of 01 June 2011, No. 567

RULES

for Issuing Visas for Entrance into Ukraine and Transit through Its Territory

General part

1. The Rules regulate the procedure for issuing visas for foreigners and stateless persons for entrance into Ukraine and for transit through its territory, storage and mailing blanks of visa labels to authorized bodies, destruction of the blanks of visa labels, and issuing of a document entitling to cross the state border within local frontier traffic.

2. Definitions used in the Rules shall have the following meaning:

visa – a permit issued by the authorized body of Ukraine in a form specified by legislation, that is required for entering or transit passing through the territory of Ukraine within a certain period of time;

visa application – an application for obtaining a visa for entrance into Ukraine and transit through its territory, the form of which is approved by the Ministry of Foreign Affairs;

visa label – a coloured sticker that is attached to a visa page of a passport document;

document entitling crossing the state border within the local frontier traffic – a permit for a foreigner and stateless person to cross the state border and to stay within the territory of Ukraine according to international agreements of Ukraine on the local frontier traffic;

foreigner – a person who is not a Ukrainian citizen and is a citizen (national) of another state or states;

stateless person – a person who is not considered by any state as its citizen according to legislation of such a state;

passport document – a document issued by an authorized body of a foreign state or a statutory organization of the UN that confirms a citizenship of a foreigner, identifies him or identifies a stateless person, gives the right to enter or departure from the state and is acknowledged by Ukraine.

certificate of a foreign Ukrainian – a document that identifies that a person has the status of the foreign Ukrainian citizen according to the Law of Ukraine On Legal Status of Foreign Ukrainians;

hosting party – Ukrainian companies, institutions and organizations, representative offices (branches) of foreign companies, institutions and organizations, representative offices of international organizations registered according to law, and also private individuals (Ukrainian citizens, foreigners and stateless persons), who permanently live or temporary stay on the territory of Ukraine for studies, training, work or other legitimate reasons and invite or host foreigners and stateless persons;

family members of a foreigner or stateless person – spouse, minor children, including minor children of any of the spouses, parents unable to work and other persons who are considered family members according to legislation of a state of origin.

3. The authorized bodies authorized to issue a visa shall be the following:

diplomatic mission or consulate of Ukraine;

consular service department of the Ministry of Foreign Affairs;

representative office of the Ministry of Foreign Affairs on the territory of Ukraine.

4. A decision on issuance of a visa is made for each foreigner and stateless person separately by an officer of the authorized body that is imposed with respective obligations according to a written decision of the Ministry of Foreign Affairs.

5. To obtain a visa foreigners and stateless persons shall submit, in person or by authorized representatives, the visa application and necessary documents to the diplomatic mission or consulate of Ukraine.

6. The consular service department of the Ministry of Foreign Affairs or representative office of the Ministry of Foreign Affairs issues a visa at the state border checkpoint for foreigners and stateless persons who was unable to promptly obtain the visa at the diplomatic mission or consulate of Ukraine and have a reasonable cause to urgently enter into Ukraine, in particular:

1) with a diplomatic or business purpose petitioned  by the state bodies of Ukraine;

2) with a purpose of liquidation of results of disasters in Ukraine petitioned by the Ministry of Emergency Affairs;

3) with a purpose of urgent medical treatment or participation in family member funerals, which is confirmed by respective documents;

4) in case of necessary transit through the territory of Ukraine by crew members of foreign vessels being in Ukrainian ports provided that the extract from the vessel role is provided;

5) with a purpose of activation of cooperation in the cultural and sports spheres and protecting interests in the sphere of foreign policy or other spheres, which are vital for the society, or with humanitarian purposes. The procedure for entrance of foreigners and stateless persons into Ukraine with the said purpose is established by the Ministry of Foreign Affairs.

In cases specified in sub-clauses 1 – 3 and 5 of this clause visas are issued as one-time visas for up to 15 days, and in cases specified in sub-clause 4 of this clause – for up to 5 days.

7. Entrance visas for citizens of Antigua and Barbuda, Barbados, Mauritius Republic, El Salvador Republic, the Seychelles Republic, Turkey Republic for tourist purposes may be issued at the check-point on the border by the department of consular service of the Ministry of Foreign Affairs or by the representative office of the Ministry of Foreign Affairs on the territory of Ukraine as one-time visas for up to 15 days, provided that the necessary documents confirming the tourist nature of their travel are available as prescribed by the Law of Ukraine On Tourism.

8. The department of consular service of the Ministry of Foreign Affairs issues visas in cases specified by international treaties.

Registration, storage, use and destruction of forms of visa labels

9. Blanks of visa labels shall be strictly accountable documents and shall be delivered by the Banknote Printing and Minting Works of the National Bank of Ukraine to the Ministry of Foreign Affairs by feldjäger service. The Ministry of Foreign Affairs provides blanks of visa labels to diplomatic missions or consulates of Ukraine by diplomatic mail service only.

10. The procedure for registration, storage, use, destruction of blanks of visa labels, reporting on issuance of visas for foreigners and stateless persons is determined by the Ministry of Foreign Affairs.

Types and kinds of visas, their validity terms, grounds for issuance

11. Depending on the purpose of the trip visas are divided into the following types respectively labelled with letters and a digital code (with Latin letters – in data processing zone).

1) transit visa (labelled with letter B, in the data processing zone – VB). This visa is issued for foreigners and stateless persons in case of their transit through the territory of Ukraine to a third country as well as in case of transit of goods and passengers by motor transport).

The transit visa is issued as one-time, two-times and multi-entrance visa for a period stipulated in the documents being a ground for the visa issuance, not longer, however, than up to one year, unless otherwise is prescribed by the international treaties of Ukraine. In this case the duration of stay on the territory of Ukraine during each transit through its territory shall not exceed five days.

The grounds for issuance of the transit visa shall be one of the following documents:

- document confirming transit nature of the trip (visa to a third country (if necessary), travel document, etc.);

- document confirming transit nature of goods and passengers transportation by motor transport;

- license for international transportation, issued by a relevant authorized state body of the state of stay;

2) short-term visa (labelled with letter C, in the data processing zone – VC). This visa is issued for foreigners and stateless persons for entrance into Ukraine if the term of their stay in Ukraine does not exceed 90 days within 180 days from the date of the first entrance.

The short-term visa is issued as one-time, two-times and multi-entrance visa for six months or for the period stipulated in documents being a ground for issuance of such a visa, but not longer than up to five years.

In case a foreign state issues visas for Ukrainian citizens for a period exceeding five years, then the validity term of the short-term visa for citizens of this state is determined be the Ministry of Foreign Affairs taking into account the reciprocity approach.

The ground for issuance of the short-term visa shall be one of the following documents:

- invitation of the hosting party in the specified form, issued by the local body or unit of the State Migration Service;

- invitation of a ministry, other central executive body, state institution, state company or state organization;

- contract on cargo and passengers transportation by motor transport as well as the license for international transportation;

- certificate of a foreign Ukrainian or his own statement supplemented with the results of the interview with a representative of the diplomatic mission or consulate of Ukraine and documents or testimonies confirming the Ukrainian ethnical origin or origin from Ukraine of the foreigner or stateless person, and a spouse of the foreign Ukrainian and his children, in case they all enter and stay on the territory of Ukraine, submit the application and document confirming their family relationship;

- document confirming tourist nature of the trip according to the Law of Ukraine On Tourism;

- invitation of a Ukrainian hospital;

- document confirming state registration of a foreign investment into economy of Ukraine in foreign currency at the amount of not less than USD 50 thousand;

- confirmation of the Commission on Humanitarian Aid under the Cabinet of Ministers of Ukraine about an entrance of a foreigner or stateless person with the purpose of providing humanitarian aid or charity;

- invitation of a religious organization, agreed with a state body that registered the relevant religious organization, for a short-term stay with the purpose of propagating religious believes, performing religious ceremonies or other canonical activity;

- request of director of the foreign mass media organization to issue a visa for a foreign reporter or representative of the foreign mass media organization, who is entering Ukraine for a short-term stay within his professional responsibilities;

- request of state bodies of foreign countries or international organizations;

3) long-term visa (labelled with letter D, in the data processing zone – VD). This visa is issued for foreigners and stateless persons for entrance into Ukraine for the purpose of documents preparation authorizing staying or living in Ukraine for a period exceeding 90 days.

The long-term visa is issued by a diplomatic mission or consulate of Ukraine as one-time visa for 45 days, unless otherwise specified by the legislation, and if issued on the territory of Ukraine – by the department of consular service of the Ministry of Foreign Affairs according to clause 8 of this Rules as one-time, two-times and multi-entrance visa for a period of up to three years.

The ground for issuance of the long-term visa shall be one of the following documents:

-  duly certified copy of a permit to use labour of a foreign or stateless person issued by the State Centre of Employment or by its order by the employment centres of the Autonomic Republic of Crimea, oblasts, Kyiv and Sevastopil Municipal Employment Centres (for foreigners employed by investors within scopes and positions (professions) determined by agreement on product distribution according to clause 2 article 35 of the Law of Ukraine On Agreements on Product Distribution, duly certified copies of the agreement on product distribution and an employment agreement (contract) indicating the position (profession) are to be submitted);

- copy of a decision on granting an immigration permit, issued by the local body or unit of the State Customs Service;

- permit of the Ministry of Foreign Affairs to issue the visa for family members of the person who is granted with the refugee status;

- original of an invitation for studies issued  in due form and in the period from November 15 to August 15 - petition of the Ministry of Youth and Sports about granting visa support;

- invitation of a state institution, enterprise or organization which is a recipient of an international technical assistance program;

- invitation of a religious organization that was agreed with a state body that carried out registration of a relevant religious organization, for a long-term stay with the purpose of propagating religious believes, performing religious ceremonies or other canonical activity;

- invitation of a branch office, department, representation office or another structural centre of a public (nongovernmental) institution of a foreign state, registered according to the established order;

- invitation of a representative office of a duly registered foreign commercial entity that is also agreed with the Ministry of Economy Development;

- invitation of a branch or representative office of a duly registered foreign bank;

- petition of a foreign mass media, agreed with the State Committee of Television and Radio;

- document that affirms the purpose of the trip, issued by the official body managing organization and holding of the final stage of Euro 2012 soccer championship in Ukraine according to the Law of Ukraine On Organization and Holding of the Final Stage of Euro 2012 Soccer Championship in Ukraine;

- reference note of state bodies of foreign states or international organizations regarding issuance of visas to employees of the diplomatic missions or consulates, international organizations and their representative offices, who enter into Ukraine for a long stay with the purpose of performing their service duties, and for their family members;

- invitation of the respective state body responsible for implementing cultural, educational, scientific, volunteer programs for participation in which a foreigner or stateless person enters Ukraine, or of a volunteer organization duly registered in Ukraine;

- document that affirms the fact of being married to a Ukrainian citizen (in cases the marriage between a Ukrainian citizen and the foreigner or stateless person is registered outside Ukraine according to the law of the foreign state the validity of this marriage is determined according to the Law of Ukraine On International Private Law);

- document that affirms the relation to family members of a foreigner or stateless person, who have a temporary or permanent residence certificate in Ukraine (documents issued by authorized bodies of a foreign state shall be legalized, unless otherwise specified by the law or by the international treaty of Ukraine, and shall be submitted along with a duly attested Ukrainian translation, and if such a possibility is not available – into the English language), copy of the relevant temporary or permanent residence certificate in Ukraine and the document in due form confirming the foreigner or stateless person has sufficient financial funds for supporting his family members in Ukraine;

- other documents as required by the international treaties of Ukraine.

12. The period of time the foreigner or stateless person can enter into and stay within Ukrainian territory shall be specified on the visa label.

The aggregate period of stay within the territory of Ukraine for foreigners and stateless persons holding transit or short-term visas shall not exceed 90 days within 180 days starting from the date of the first entrance.

13. A short-term visa is issued without submitting relevant invitations for the citizens of Australia, Albania, Guatemala, Malaysia, the Mexican United States, New Zealand, Panama, Singapore, Turkey and Croatia, except for the case envisaged by clause 7 of this Rules.

14. If necessary, an officer of the authorized body may invite a foreigner or stateless person applying for the visa for an additional interview and may require to submit additional documents specifying the purpose of the visit, in particular:

- documents that confirm booking and payment for accommodation and food in Ukraine;

- letter of guaranty issued by the hosting party about his/her commitment to cover all expenses pertinent to the foreigner’s or stateless person’s stay in Ukraine and his/her departure from its territory;

- other documents proving that the foreigner or stateless person has enough financial resources for the planned period of staying in Ukraine and for departure to the state of his/her origin or transit through the territory of  Ukraine to a third state or ability to receive enough financial resources in a legitimate way on the territory of Ukraine;

- documents allowing to determine the intent of the foreigner or stateless person to leave the territory of Ukraine before the expiration of the visa (tickets, bank statement, letter from the place of employment, existence of real estate or family relationship, etc.).

15. Foreigners and stateless persons shall submit their applications for obtaining short-term visas not earlier than three months before the planned trip.

Provided that the authorized body has the system of preliminary registration, the documents from the foreigners or stateless persons shall be accepted not later than within two weeks since the visa application has been submitted.

16. The authorized body makes its respective decision within 15 calendar days starting from the date of receiving a visa application, visa form and the documents required for issuance of the visa.

The term for consideration of the visa application may be prolonged for up to 30 calendar days if a further check of the documents submitted is required.

The procedure and terms for consideration of an urgent visa application is determined by the authorized body.

17.  For citizens of the states the list of which is agreed with the Administration of the State Border Service, State Customs Service and State Security Service is determined by the Ministry of Foreign Affairs, and for stateless persons, who permanently live in the listed state, visas are issued by the diplomatic missions and consulates of Ukraine abroad in the states of temporary or permanent residency, and in case of absence of these missions and consulates – in any other state according to the zones of competence of diplomatic missions and consulates of Ukraine established by the Ministry of Foreign Affairs, after a personal interview with the foreigner and stateless person and by consent of the State Security Service, except for the cases specified by the Ministry of Foreign Affairs. The procedure of obtaining the consent is specified by the State Security Service and the Ministry of Foreign Affairs.

18. The authorized body shall ensure free access to visa application forms for foreigners and stateless persons.

A foreigner and stateless person submit a duly filled and signed visa form. An incapable person submits visa forms signed by his/her legal representative. Persons who are indicated in the passport document of the foreigner and stateless person, and who are following after with him/her shall submit a separate visa form. Visa forms of minors are submitted signed by either of the parents or by a legal representative.

19. A passport document shall comply with the following requirements:

- be valid for not less than three months after the declared date of departure from the territory of Ukraine. This requirement may be omitted provided that a reasonable explanation submitted;

- contain at least two empty pages;

- be issued not later than 10 years ago.

20. The authorized body checks up the following documents:

- visa form submitted within the term determined by paragraph 1 clause 15 of these Rules;

- valid passport document;

- two 3x4 centimetres photos;

- document affirming the payment of the consular duty, unless otherwise specified by the legislation and international treaties of Ukraine.

In case the documents specified in paragraph two – five of this clause has not been submitted, the visa application shall be left without consideration and the authorized body is obliged to immediately return to the foreigner or stateless person his/her visa form along with other documents as well as the consular duty.

A visa application that does not meet the requirements stipulated in this clause may be accepted for consideration for the sake of protecting national interests according to the procedure set by the Ministry of Foreign Affairs.

21. In case of consideration of a visa application for a minor, existence of consent of one of the parents or legal representative and other necessary documents needed for independent departure of the said persons abroad or their departure together with either of the parents or legal representative should be additionally checked.

22. In case a visa application is rejected the foreigner and stateless person shall be entitled to submit another visa application in accordance with these Rules.

Visa Issue

23. Once a visa application is submitted personally by the foreigner and stateless person or by duly authorised person, the authorised body shall:

- accept the visa form and other documents, register and consider the visa application;

- adopt the decision regarding the visa issue;

- ensure filling of the visa label form and attaching it to the passport document;

- return the passport document with the attached visa label to the foreigner and stateless person or to the authorized person.

In case the visa application is rejected the visa form and the other documents submitted are not to be returned, except for the passport document. In this case the passport document is marked with a note about the visa application, date and a signature of the respective official.

In case a technical mistake is found, was made while filling in the visa label form and attaching it to the passport document, the visa shall be cancelled by crossing it out and marking it with the word “Cancelled”, date and a signature of the respective official.

24. The procedure of filling out the visa label is determined by the Ministry of Foreign Affairs.

25. Information about foreigners and stateless persons, who were granted the visa or whose applications were rejected, shall be communicated to the Administration of the State Border Service according to the rules and within the terms established by the Ministry of Foreign Affairs and the Administration.

26. Visa forms and documents being a ground for issuance of visas shall be kept by the authorized body for five years and shall be destroyed according to the procedure determined by the Ministry of Foreign Affairs after the said term has passed.

Consular duty

27. The issue of visas by a diplomatic mission or consulate of Ukraine is levied by the consular duty according to the following tariffs, unless otherwise is specified by the international treaties of Ukraine:

- one-time visa – USD 85;

- two-times visa – USD 130;

- multi-entrance visa – USD 200.

The consular duty at a doubled rate shall be paid for an urgent visa issue or for the issue during non-working time. The urgent visa issue shall be available at foreigners’ and stateless persons’ will, provided that the respective possibility is available.

In case a foreign state imposes a consular duty on Ukrainian citizens and the duty tariff exceeds the tariffs set forth in this clause, a diplomatic mission or consulate of Ukraine shall impose a consular duty on the citizens of such state according to the reciprocity principle and in accordance with the order established by the Ministry of Foreign Affairs.

In cases prescribed by clause 6 thereof, the Department of Consular Service or a representative office of the Ministry of Foreign Affairs on the territory of Ukraine shall charge the consular duty at the amount of 70 personal tax-exempted minimums for visas issued at the check points of the state border, unless otherwise is specified by the international treaties of Ukraine.

The Department of Consular Service of the Ministry of Foreign Affairs or a representative office of the Ministry of Foreign Affairs on the territory of Ukraine levies a consular duty for visas issued for tourist purposes at border entrance check points for citizens of Antigua and Barbuda, Barbados, Mauritius, El Salvador, Seychelles and Turkey at the amount of 14 tax-free allowances of minimum incomes of the citizens of Ukraine, if otherwise is not foreseen by an international treaty of Ukraine.

In cases specified by clause 8 of this Rules the Department of Consular Service of the Ministry of Foreign Affairs levies a consular duty for issued visas at the amount of 13 personal tax-exempted minimums, unless otherwise is specified the international treaties of Ukraine.

28. A zero consular duty tariff rate shall apply in case a visa is issued:

1) for children under six years old;

2) for foreign Ukrainians, provided that their foreign Ukrainian passports are provided, for married couples of foreign Ukrainians, their children in cases of their common entry and stay on the territory of Ukraine;

3) for persons entering Ukraine with business purposes and using their diplomatic or service passport;

4) for personnel of foreign diplomatic missions and consular institutions in Ukraine as well as for their family members;

5) for personnel of international organizations and their representative offices as well as for their family members;

6) for personnel of representative offices of member states of international organizations headquartered in Ukraine and enjoying diplomatic privileges and  immunity according to the statutory documents of these organizations or relevant international treaties, as well as for their family members;

7) for heads and members of official delegations of foreign states and persons accompanying them, who enter Ukraine on invitation of the President, Verhovna Rada of Ukraine, Cabinet of Ministers of Ukraine and Ministry of Foreign Affairs;

8) for persons carrying out functions of honorary consulars of Ukraine;

9) for persons entering Ukraine for providing humanitarian aid or carrying out charity provided that the respective confirmation of the Commission of Humanitarian Aid Affairs affiliated to the Cabinet of Ministers of Ukraine is provided;

10) for persons entering Ukraine for realization of international technical aid projects that are duly, on invitation of a state institution, enterprise or organization being a recipient of the said project;

11) for personnel of rescue services entering Ukraine for the purpose of relieving the consequences of emergency at request of the Ministry of Emergency Affairs;

12) for family members of persons granted with the refugee status in Ukraine;

13) for representatives of military formations and institutions entering Ukraine for professional purposes on invitation of the respective ministry, other central body of the executive authority;

14) for persons planning to enter Ukraine for up to a 2 year period before commencement of the final part of Euro 2012 soccer championship or up to one year after its completion with the purpose of organization and managing the final part of Euro 2012 soccer championship under a document issued by the body managing the final part of Euro 2012 soccer championship in Ukraine;

15) for other persons entering with the purpose of protecting interests in foreign policy or humanitarian matters, under a reasoned petition of the chief officer of the authorized body according to the Regulation On Consular Duty in Ukraine and provided that the respective endorsement of the Ministry of Finance is given.

29. The consular duty shall not be refunded if the visa application is rejected.

Grounds for rejection of visa application and
its cancellation

30. A decision to deny visa issuance shall be made in case of:

1) a necessity to ensure national safety and protection of the civil order;

2) a necessity to protect health, rights and legitimate interests of Ukrainian citizens and other persons residing in Ukraine;

3) there is information about a foreigner or stateless person in the database of persons whose entry to Ukraine is prohibited according to the legislation or they are temporary restricted to enter Ukraine;

4) the passport of a foreigner of stateless person is forged, defective or does not correspond to the due sample or belongs to another person;

5) false information or forged documents are intentionally submitted;

6) a foreigner or stateless person does not have a medical insurance policy provided that it can be obtained on the territory of the state where the visa application is submitted;

6¹) a foreigner or stateless person does not have sufficient financial founds for the period of the planned stay and for return to the state of origin or for transit to a third state or does not have an ability to legitimately get the sufficient financial founds in Ukraine;

7) a foreigner or stateless person does not confirm his/her purpose of stay in Ukraine;

8) a foreigner or stateless person does not have documents allowing to determine his/her intent to leave the territory of Ukraine before the expiration of the visa term;  

9) the applicant’s petition to cease consideration of his/her visa application.

Should visa application be rejected, a foreigner or stateless person shall be informed about the reasons of such a rejection. A form for the visa application rejection is set by the Ministry of Foreign Affairs.

A foreigner or stateless person whose visa applications has been rejected shall have the right to appeal against such rejection by addressing the director of the authorized body, responsible for consideration of the visa application, with the reasoned letter of appeal with due explanations and the petition for reconsideration of the visa application. The letter of appeal shall be submitted within two months after the rejection of the visa application is received.

In case a foreigner or stateless person files a petition to withdraw his/her visa application, the following decision on rejection of the visa application shall not be a subject for appeal.

31. A decision on rejection of the visa application is adopted by the authorized bodies that have adopted the decisions on visa issue.

32. A visa may be cancelled by the authorized officer of the State Border Service when a foreigner or stateless persons is under the border control in the following cases:

- a decision of the authorized state body of Ukraine to prohibit the entrance into Ukraine of the foreigner or stateless person;

- reasonable grounds exist to treat the visa as issued illegally.

A visa shall be cancelled during the foreigner’s or stateless person’s stay within the territory of Ukraine in the following cases:

- it was discovered that the foreigner or stateless person has submitted the passport document which is void or issued in the name of another person or that the other documents are forged or false information has been intentionally provided;

- there is an adopted decision on compulsory return or deportation of a foreigner or stateless person outside the territory of Ukraine.

Visa cancelation shall be made in the following cases:

- in cases listed in paragraph 5 of this clause, - by the authorized officers of the State Migration Services or the State Border Service;

- in cases listed in paragraph 6 of this clause, - by the authorized officers of the body that has adopted a decision on compelled return or that filed a suit on compelled  deportation, - after such decision is adopted by court.

32¹.  A decision on rejection of visa application can be appealed under the rules specified by the law.

Document authorized to cross the state border within the limits of the local frontier traffic

33. The document authorizing to cross the state border within the limits of the local frontier traffic (designated by the letters ДПК, in the data processing zone – VN), shall be issued by diplomatic missions or consulates of Ukraine, as defined by international agreements of Ukraine on the local frontier traffic according to the procedure set by the Ministry of Foreign Affairs, on an A4 page with the visa label attached thereto. These documents shall contain all information prescribed by the agreements mentioned.

34. The consular duty shall be paid for issuance of the document entitling to cross the border within the limits of the local frontier traffic according to international agreements of Ukraine on the local frontier.