MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

EXECUTIVE ORDER ¹ 1456 – dated 01.12.2003

On Approval of the Regulation on the Extension Procedure Concerning the Period of Stay in Ukraine for Foreigners and Stateless Persons

EXCERPT

(The full text in Ukrainian can be found on the website of the Parliament of Ukraine at http://zakon.rada.gov.ua)

Consideration for Approval and Registration of the Submitted Applications Regarding an Extension of the Period of Stay

6.         To extend the period of stay, written applications by foreigners or stateless persons, together with the receiving party’s relevant paperwork/petition, shall be submitted, no later than three business days before the end of stay (i.e., the expiration of the registration term), to the territorial divisions of the State Department of Immigration, Citizenship, and Registration of Natural Persons (hereinafter, the Department) at the mentioned persons’ places of residence. 

7.         The following information shall be invariably stated in a written application of the aforementioned type: 1) the reasons for extension of the period of stay (according to the standards outlined in Section 12 of the Rules of Paperwork Preparation Regarding Entry/Visa Documents for Admittance into Ukraine, 2) the foreigner’s (stateless person’s) personal data (his/her citizenship, last name, first name, patronymic (if applicable), date of birth, sex), 3) passport number, its term of expiration, 4) the day and port of entry into Ukraine, 5) visa type, 6) purpose and length of the desired extension of stay, 7) place of residence in Ukraine, 8) registration information on the receiving party: the actual business address of the office (or the natural person’s address/location), together with the receiving party’s written guarantees of financial support (i.e., proof of financial eligibility, financial affidavits) for the whole duration of the foreigner’s stay in Ukraine, and the obligation regarding a timely (i.e., before the term of stay expires) departure of the foreigner from the territory of Ukraine.

In addition, according to the requirements contained in Section 19 of the Rules of Paperwork Preparation Regarding Entry/Visa Documents for Admittance into Ukraine, the status of temporary stray in Ukraine may not be changed/altered, with the exception of immigration petitions submitted in accordance with Section 2 of Part 1 of Article 9 of the Law of Ukraine “On Immigration”.

9.         To extend his/her period of stay, a foreigner (stateless person) shall submit the following documents:  

9.1.      In case the receiving party is a natural person:

A written petition by the receiving party-natural person as to the extension of stay for the invited person.  If such petition is submitted by the receiving party-natural person in person, such person shall present his/her valid passport or proof of permanent residence.  If such petition is submitted by the invited party in person, the petition must be legally registered/approved at the place of residence of the receiving party-natural person;

A written petition by the foreigner (stateless person) as to the extension of his/her stay, to be submitted by the foreigner (stateless person) in person, or by the receiving party-natural person;

The foreigner’s (stateless person’s) valid passport and immigration card (if such card is present);

2 photos (3.5 õ 4.5 cm) of the foreigner (stateless person);

Receipt (stub) as proof of the customs duty paid for the extension of the length of stay;

Receipts (stubs) as proof of payment for the services that may have been provided by the Immigration, Citizenship, and Registration Service for natural persons, in accordance with Directive N 478 “On Approval of the List of Paid Services that Can Be Provided by the Immigration, Citizenship, and Registration Service for natural persons” issued by the Cabinet of Ministers of Ukraine on May 7, 2003 (if such services have
been actually provided). 

9.2.      In case the receiving party is a legal entity:

A written petition by the receiving party-legal entity containing the legal entity’s details/identification information, to be submitted by a representative of such legal entity (if an initial petition is submitted, the documents on state registration of the receiving party-legal entity are also required). In addition, if the living quarters to accommodate the foreign (stateless) person are not legally owned by the receiving party, then the mentioned petition shall be verified and approved by the related hotel management, housing authorities/department, or suchlike authorities;

A written petition by the foreigner (stateless person) as to the extension of his/her stay, to be submitted by the foreigner (stateless person) in person, or by the receiving party’s authorized representative;

The foreigner’s (stateless person’s) valid passport and immigration card (if such card is present);

2 photos (3.5 õ 4.5 cm) of the foreigner (stateless person);

Receipt (stub) as proof of the customs duty paid for the extension of the length of stay;

Receipts (stubs) as proof of payment for the services that may have been provided by the Immigration, Citizenship, and Registration Service for natural persons, in accordance with Directive ¹478 “On Approval of the List of Paid Services that Can Be Provided by the Immigration, Citizenship, and Registration Service for natural persons” issued by the Cabinet of Ministers of Ukraine on May 7, 2003 (if such services have
been actually provided). 

9.3.      If necessary, an official of the territorial division/Department section may require that the foreign (stateless) person be present during the consideration procedure regarding such person’s application; an official may also require the following documents that serve as a proof of 1) the previously stated reasons and 2) absence of legal obstacles for an increased stay in Ukraine:

A valid medical insurance policy on emergency assistance, as envisaged by Directive ¹1021 “On Improvement in Providing Health Care for Foreign Nationals Temporarily Staying in Ukraine” issued by the Cabinet of Ministers of Ukraine on September 17, 1997, unless otherwise agreed by the related international treaties;

Sufficient funds at the disposal of the foreign (stateless) to cover the expenses in connection with his/her stay in Ukraine, or a proof of the declared guarantees contained in the receiving party’s petition.

12.       Received applications shall be considered within no more than three working days from the time of submission. If a petition is considered for more than one day, the applicant shall be issued a certificate with his/her photo attached on the subject that the applicant’s passport is currently placed at the Department’s territorial division or section for the purpose of consideration as to granting an extension of the period of stay in Ukraine. The foreign (stateless) person’s photo and the signature of the head of the division that issued the said photo shall be attested/stamped by the seal of the division that issued the mentioned certificate. The certificate’s term of validity shall be determined by the period necessary to complete the application process, and shall not exceed 10 days. When the applicant’s passport is returned to his/her owner, this certificate shall be taken back to the Department’s territorial division or section that issued it.

14.4.     The following is a list of valid reasons for extension of stay, dependent on the purpose of travel and in accordance with the visa types given below:

C-2 [C-2 in Cyrillic] - Request from the central bodies of state executive power, other governmental institutions;

C-3 [C-3 in Cyrillic] - Request from state institutions, enterprises, and organizations that are registered in Ukraine according to the legally established procedure;

B [Á in Cyrillic] - Request from joint ventures, representatives of foreign subjects of entrepreneurial activity in Ukraine, or from subjects of entrepreneurial activity in Ukraine whose legal founders are foreign (or stateless) persons;

L [Ë in Cyrillic] - Request from the Ministry of Emergency Management of Ukraine or its territorial divisions;

O [Î in Cyrillic] - Request from institutions of higher education;

N [Í in Cyrillic] - Request from scientific research institutions, other legal of public organizations that conduct scientific research;

R [Ð in Cyrillic] - Request from faith organizations verified by the State Committee on Religious Affairs or its territorial divisions;

G [Ã in Cyrillic] - Request from the Committee at the Cabinet of Ministers of Ukraine on Issues of Coordination, Receipt, Transportation, Protection, and Distribution of Humanitarian Aid from Foreign Countries;

K [Ê in Cyrillic] - Request from organizations, enterprises, and institutions that have invited foreigners (stateless persons) to give their guest performances for the purposes of cultural exchange or participation in athletic events;

T [Ò in Cyrillic] - Request from tourist companies or other documentation that attests to the tourist type of travel. At the same time, the overall period of tourist stay in Ukraine may not exceed 6 months, except in the cases when a granted extension of stay is equal to the time period necessary to complete the departure process;

P-1 [Ï-1 in Cyrillic]  – Invitation of the established form that has been processed by the executive bodies outline din Section 14.2 of this Instruction, or an invitation from a health care institution in Ukraine and other documentation that attest to the private type of travel;

P-2 [Ï-2 in Cyrillic] - Personal petition and other relevant documentation that verify and confirm the Ukrainian origin of the applicant (foreigner or stateless person);

IM-1 [²Ì-1 in Cyrillic] - Request from an employer and a work permit processed by the corresponding local employment office;

OP [ÎÏ in Cyrillic] - Request from the foreign (stateless) person. In this case, an extension of stay shall be granted for the time period necessary to complete the process of departure from Ukraine;

TR [ÒÐ in Cyrillic] - The term of transit stay may be extended, at the request from foreign or stateless persons, for the time period necessary to remove the force majeure circumstances that caused the delay in the first place; a documentary proof of the reasons and length of such extraordinary delay shall be presented, in accordance with   Section 14 of the Rules of Stay for Foreign and Stateless Persons.

A foreign (stateless) person’s term of stay may be extended many times, for the whole period of existence of the circumstances stated in such person’s request/petition, provided that the total term of stay does not exceed the validity term of the issued visa type determined by Section 11 of the Rules of Paperwork Preparation Regarding Entry/Visa Documents for Admittance into Ukraine approved by Directive ¹227 “On Introduction of the New Procedure for Preparation of Visa Documents for Admittance into Ukraine” issued by the Cabinet of Ministers of Ukraine on February 20, 1999. 

In addition, the determined end date of the extended length of stay may not be later than that the expiration date of the passport minus one month, with the exception of case when such extension is granted for the period necessary for a foreign or stateless person to complete his/her process of departure from Ukraine. If such departure is made directly to the homeland of a foreign or stateless person whose passport is expired and an extension to the passport may not be done in time for any reason, the relevant state border authorities at the entry point shall be notified accordingly.

15.       An extension of the length of stay shall be registered by way of stamping the passport; the stamp shall be further endorsed by the registration seal of the body that granted the said extension. This stamp shall be imprinted on the first available (blank) page of the passport beside the visa or registration mark.

If the passport of a foreigner was lost, and such foreigner later obtained a new passport at his/her diplomatic office (consulate), the new passport shall be stamped accordingly after it has been verified that such foreigner (stateless person) has legitimately been in Ukraine.