Ukraine begins changing Immigration rules

[ECOCKS]

While perhaps of more interest to long-term, working expats in Ukraine, this announcement is also part of the beginning of changes from the Ukrainian FM with regard to immigration rules and policies. These changes have been rumored and threatened over the last couple of months but now APPEAR to be starting to implement. Of particular importance are the tightening of diploma checks (not for most of us), requirement that we (including US and EU members) get police checks for work permits and the raising of the fine for violatiing immigration procedures (now it kind of hurts the wallet a bit more).

As reported in the Kyiv Post today (Friday, April 24th):

New rules designed to weed out criminals, undesirable foreignersby Yuliya Popova, Kyiv Post Staff Writer

More bureaucratic headaches ahead as work rules tighten for expatriates.

Many foreigners working in Ukraine may mark International Workers’ Day on May 1 worrying about extra paperwork they will need to stack up to obtain work permits.

New restrictions on employment go into effect on May 14 as a part of anti-crisis initiatives to protect the national labor market.

On April 8, Ukraine’s government adopted a resolution setting out the new entry and stay rules for foreigners. The constraints are more numerous, with new requirements for criminal background checks and certification of university diplomas in the respective countries. Those seeking to extend their stay will have to go through the same procedure.

Americans and most European citizens don't need to certify their diplomas. More than 90 countries that signed onto the Hague Convention of 1961 get an exemption from this rule. Canadians, Germans, as well workers from some Asian, African, Arab and Latin American countries, have to comply.

But now all foreign applicants will have to obtain a police check from their respective countries or from Ukraine if they already live here.

The new rules appear to be an attempt to keep out illegal workers and migrants from poorer nations. But the existing bureaucracy – overwhelming itself – will remain in place. It will still cause headaches for most expatriates working in Ukraine, the completely legal and those on the fringe.

There are about 12,500 foreign nationals registered at employment centers today. But there are no official estimates for many others who make Ukraine home as illegal workers, business visa holders, company owners and permanent residents.

Authorities have also raised fines for violating immigration rules fourfold to Hr 3,400. An application fee for a work permit has surged from Hr 170 to Hr 2,500.

Labor authorities think the new regulations will keep out unskilled personnel, thereby opening more opportunities for work-hungry Ukrainians. Employers complain the restrictions will make it harder for key staff, including managers, to stay legal in Ukraine.

The Presidential Secretariat added fuel to the fire last month, threatening to re-impose a visa regime with the European Union, leaving foreigners wondering if they are still welcome.

“The devil is not as black as he is painted,” said Illya Dovzhenko, head of the inspection department at the State Employment Center.

“This regulation is like a sanitarian,” Dovzhenko said. “It will separate the scum and leave what is really necessary for the economy of this country.”

Dovzhenko said the employment authorities would seek police background checks from all foreign applicants to keep criminals out. “A lot of delinquents are flocking to Ukraine, mainly from our brotherly countries like Russia, Belarus and Georgia. Also, a lot of Turkish citizens are dodging the draft here.”

While police checks make sense, the requirement to legalize diplomas seems less defensible to employers. “Each country has its own conditions. It means numerous trips to Ukrainian embassies in the country where it [a diploma] was issued,” said Yulia Kadibash, tax and legal services manager at the Kyiv offices of PricewaterhouseCoopers.

Dovzhenko, however, insisted that certified documents would stop fraudsters from taking jobs for which they were not qualified. “You see, they [foreign applicants] take a paper clipping in Arabic, translate it the way they like and pose as masters in law. They get hired when our specialist with higher education can’t get a job,” he said, defending the new regulations.

Dovzhenko added that a certification process takes only a few days and costs $15.

Employers want the entire procedure for legitimizing foreign workers to be clarified. There are so many ‘ifs and buts’ “that even a specialist sometimes gets confused,” said Oksana Lapii, senior consultant at the Kyiv offices of Ernst & Young.

Trying to unthread a chain of work permits, visa and registration rules – without an expert - may take weeks, if not months.

“The scheme is mad,” said Yuriy Gorelikov from Veles Solution, whose company helps register foreign nationals for work.

To feel bulletproof in Ukraine, one has to go through three stages. It involves getting a work permit from an employment center, then an IM-1 visa from a Ukrainian consulate abroad, and then a temporary registration certificate. It is issued by the Office for Citizenship, Immigration and Registration of Physical Entities, which is still better known by its acronym back in Soviet days, OVIR.

“But only 10 to 20 percent of foreigners use [this option], because it is way too bureaucratic,” said Gorelikov.

Many foreigners just paid fines rather than stand in line with stacks of paper, traveled in and out every 90 days, or exploited one of many other loopholes. Last May, howeveer 180-day stays became the legal maximum within a year without a visa.

“Our legislation contradicts itself on many occasions. To get registered, for instance, a foreigner must pass an AIDS test, even though Ukraine has ratified international conventions on human rights, which ban this requirement. Then, an applicant must officially register at a Ukrainian address. But Ukraine no longer has temporary registration, which makes it a problem for landlords. They don’t want [strangers in] their properties on a permanent basis,” said Gorelikov.

Kadibash, from PricewaterhouseCoopers, said the biggest headache is legitimizing the families of officially employed foreigners. Those coming from countries with visa-free entry can stay in Ukraine for 90 days during their first half year. To stay longer they have to obtain a legal permit. It gets even worse after that.

“It’s a delirious situation. A person comes with a family. They have plans to send kids to a local school. But within a half year, they have to leave the country and come back only after another six months,” said Kadibash.

The general rules of entry for family members indicate vaguely that partners of foreign employees can apply for a private visa for an extended stay. However, “it shall be issued up to six months,” explained Ernst & Young’s Lapii.

“This visa cannot be extended. After it expires one shall have to receive it again in the Embassy of Ukraine of the respective country.”

Until last December, restrictions on the length of stay were often ignored by the immigration service. “People used to get work permits but violated customs control. No one really counted how many days they spent here over a year,” said Gorelikov, from Veles Solutions.

Dovzhenko, from the employment center, said the economic downturn led to the need to tighten up rules. “When the crisis hit us, Ukrainian migrants started coming back from abroad and we did not have enough jobs to offer them,” he said.

Now foreigners will be watched closely. New computerized systems tracking visas and duration of stay were installed at international airports. The next stage is introduction of biometric control in 2010. The prototype biometric scanner was unveiled in Boryspil airport on April 23.

Victor Chumak, head of political analysis and security programs at Kyiv’s International Centre for Policy Studies, a think tank, said the new regulations and tighter controls are simply reciprocation. It’s retaliation for tighter rules on travel by Ukrainians to the European Union, among other countries.

“I think it’s done on equal footing with other countries,” he said. “To become legal in the EU, Ukrainians will have to provide the same number of documents. Their [authorities’] imagination is not very rich, so usually they just adapt European regulations in Ukraine,” said Chumak.

But he said talks to revive a visa regime with the EU have no serious fiber: “I think these jokes or threats are inadequate and unnecessary.”

Other measures - fees, police checks and electronic tracking in airports - are adequate improvements already used in many countries.

Employment experts, however, warn that the new regulations might enhance the already vibrant corruption at visa and registration offices.

[ECOCKS]

Again, this is more for those who contemplate extended stays or visiting for more than 180 days during a year, but the information provides a picture of how the Ukraine system is developing some sophistication.

Posted on Friday, April 24th, 2009, through the US Warden System in Ukraine, from the US Embassy:

Due to the large number of questions and complaints received from American citizens regarding current Ukrainian procedures for foreigners entering, transiting and staying in Ukraine, the Embassy would like to share the information about these procedures that we have received from Ukrainian government sources.

Effective January 1, 2009, the Ukrainian immigration authorities introduced a database system at the Ukrainian border checkpoints in order to exercise control over the compliance by foreigners entering and exiting Ukraine with current immigration regulations.  The database is an automated electronic data bank containing information about foreigners crossing the Ukrainian border. Passports are registered at the border checkpoints and information about individuals crossing the border is entered into the database. This system allows the tracking of individuals who have exceeded the time of the registration permitted by the Ukrainian immigration regulations. The registration of foreign passports is carried out for the periods specified in the Rules of Entry of Foreigners and Stateless Individuals into Ukraine, Their Exit from Ukraine and Transit Passage across Its Territory approved by in the Resolution of the Cabinet of Ministers of Ukraine #1074 of 29 December 1995 and international treaties. The database is generated by means of automated calculation of the number of days foreigners have spent in  Ukraine on the basis of the information about their entry to and exit from the country. Authorized state border control officers are required to ensure the timely, comprehensive and objective functioning of this system in strict compliance with Ukrainian immigration regulations. Border control officers are entitled to make a decision not to admit individuals who try to enter Ukraine in violation of existing regulations or who violated them in the past. If a violation is noticed when an individual is leaving the country, the individual may be forced to pay an administrative fine.

Depending on the length and purpose of travel, U.S. citizens may be required to get a Ukrainian visa prior to coming to Ukraine.  U.S. citizens are exempt from the requirement to have a Ukrainian visa as long as the duration of their stay in Ukraine does not exceed 90 days within 180 days and the purpose of their travel is tourism.  U.S. citizens whose planned stay in Ukraine exceeds 90 days must have visas authorizing their entry into Ukraine.  Regardless of the length of stay, an appropriate type of visa must be obtained if the purpose of visit is other than tourism.  The Government of Ukraine does not issue visas at the border points of entry into Ukraine.  Travelers requiring a visa must obtain the correct Ukrainian visa prior to arrival; otherwise they will be turned back to the United States or will have to travel to another country to obtain a visa. American citizens with a proper Ukrainian visa are allowed to stay in Ukraine for the period of 180 days within 360 days. Only those American citizens who have work, student or immigrant Ukrainian visa may extend their stay over 180 days through Ukrainian citizenship, immigration and registration office (a.k.a. OVIR office).

More information can be found at http://kyiv.usembassy.gov/amcit_travel_ukrvisa_eng.html

American citizens are reminded that while in Ukraine they are subject to Ukrainian laws and procedures. Due to legal liability issues, the U.S. Embassy is prohibited by federal regulations from providing specific legal assistance or legal advice to individuals. Therefore, the U.S. Embassy is not able to represent U.S. citizens in their private legal matters. American citizens encountering problems while trying to enter or exit Ukraine should contact local lawyers for assistance. The U.S. Embassy is not in a position request that the Ukrainian immigration authorities make exceptions to Ukrainian law and regulations when dealing with American citizens.
 

[ECOCKS]

Building upon their computerized system which is now at all points and ports of entry, Ukraine is moving to further restrict/regulate the living and working conditions for expats and long-term (more than 90 day) visitors to Ukraine.

Announced by the US Embassy - Kyiv

Effective May 20, 2009, these regulations state the following:

(Unofficial Embassy Translation)

?Foreigners or stateless persons, who enter Ukraine legally may temporarily stay in the country based on a passport registered in compliance with these rules.

A foreigner or a stateless person must submit his or her passport for registration to the border control official at the border check point. Registration is done for a period of a short-term stay. For foreigners and stateless persons from countries that require visas to come to Ukraine ? registration is made for the period of visa validity, but not to exceed 90 days within 180 days from the first entry date, unless a different term is stipulated by international treaties. For foreigners and stateless persons from visa-free regime countries ? registration is made for a period of 90 days within 180 days from the first entry date, unless otherwise stipulated by international treaties. Foreigners and stateless persons may be exempted from the requirement to register their passport on the basis of reciprocal international treaties with Ukraine. ?

The Embassy notes that the new rules remove completely the former provision allowing citizens of WTO-member countries to remain in the country for a period of 180 days within 360 days from entry into Ukraine. The Embassy confirmed with the Ministry of Foreign Affairs (MFA) of Ukraine that from now on American citizens coming to Ukraine with or without a visa are allowed to stay for 90 days within 180 days from the date of the first entry to Ukraine. According to the MFA, the changes to the law are not retroactive and should not affect American citizens who entered Ukraine before May 20, 2009. However, it has been reported that the State Border Guards may be operating under a different interpretation of these regulations. The Embassy is working to clarify this matter. Extensions of stays are done through local Citizenship, Immigration and Registration Office (a.k.a. OVIR office). The Embassy understands that such an extension is valid only for continued presence in Ukraine, and that it is not possible to depart Ukraine and return on an extension, or to make an adjustment of visa status while within the country. No changes have been implemented to ?OVIR? registration procedures.

The Embassy encourages American citizens who intend to stay in Ukraine longer than 90 days to personally check with Ukrainian immigration authorities or competent legal counsel if they need to officially extend their stay.

The Embassy will continue to monitor developments related to Ukrainian registration requirements and their impact on American citizens living and traveling in Ukraine. . The Embassy will inform the American community of additional information via the wardens system as we receive it.

    ###########

Notice particularly the following parts:

"For foreigners and stateless persons from visa-free regime countries ?  registration is made for the period of visa validity, but not to exceed 90 days within 180 days from the first entry date,..."

"The Embassy confirmed with the Ministry of Foreign Affairs (MFA) of Ukraine that from now on American citizens coming to Ukraine with or without a visa are allowed to stay for 90 days within 180 days from the date of the first entry to Ukraine."

"The Embassy understands that such an extension is valid only for continued presence in Ukraine, and that it is not possible to depart Ukraine and return on an extension, or to make an adjustment of visa status while within the country."

This newest regulation, building upon the computerized tracking system, now makes getting an IM-1 and completing registration a requirement for those who wish to stay for more than 90 days at a time OR more than 90 days within a 180 day period.

It also effectively curtails bribing your way through the entry/exit system except at the very top of the food chain where the bribes are now 4 digits and up. Equally effectively it stopped the traditional 90 day border runs by forcing the computer entry.

The traditional employment prospects for teachers as well as the ability to form a company and establish a residency as a business person now require the IM-1 which is also a requirement for the issuance of a Work Permit. The permits are being issued for 3 months, 6 months and 1 year with resulting burdens on the employers. Apparently the WP's are still in the zone for reasonably cost-effective bribes (for those who feel it is simpler to avoid the repetitive processes) in order to get the period extended, but the IM-1 cannot be circumvented and has to be done outside the country (like most FSU countries).

Even married expats are now being told to establish their IM-1 visa as a requisite for residency.

The lawyers are happy, the expats, particularly the working ones, are not.

[55North]

This could be useful for some guys on another forum site, so I'm cross-posting links.
 
http://en.for-ua.com/forum/read.php?6,71731,71731#msg-71731

[Ooooops]

Of particular importance are the tightening of diploma checks (not for most of us), requirement that we (including US and EU members) get police checks for work permits and the raising of the fine for violatiing immigration procedures (now it kind of hurts the wallet a bit more).

Haven't read the whole story yet, but your summary sounds pretty reasonable to me.    Do they do health check as well, I hope?

[Anton]

Its not as bad as you might think.  Yes there is more control and they will be able to check your status on entry where as before they had no idea.  The EU has helped Ukraine tighten up on boarder control

On entry your visa/passport of validated for 90 days.  If you have a longer term visa you must register with the OVIR within 180 days.  If you do not then you are subject to a fine. The OVIR will verify the validity of your visa documentation.  You will need support form your inviting company.  It is not possible to invite yourself so if you have a company registered in Ukraine then  you can not be a signatory to the invitation. You will need to  lodge a place of residence is your stay is greater then 90 days and you require registration. A multi-entry visa will allow you multiple entries within the terms of your visa.  If you are working in Ukraine and you do not have a visa you will be caught as the OVIR registration is more stringent.  If you have a business they will also want to inspect the business documentation.  If you own property you will need to also show the supporting documents.  Likewise if you are married to a Ukrainian you will need copies of the marriage certificate when registering long stay visas.

If you have business in Ukraine you will need to submit details of taxation/investment
Most legitimate businesses will hire an immigration agent to the documentation. Its the non legitimate businesses that will find it difficult. So if you want to stay longer then 90 days within 180 days you will need to ensure your invitation and visa is  is in order and you will need to register after the 90 days and before the 180.  if not expect a fine on departure. 

Last time I crossed the border I had to pay a fine.  The money was paud into a bank account and I was given a receipt.  All  above board.  I was told that t would not effect me entering Ukraine in the future.  No problems.  If your visa is not in order or your company documentation is not supported you will be black listed. So its only legitimate businesses/investors that should apply.    These rules are no different then the rules that apply to foreigners in the Baltics. Some countries will not require a visa for the 90 days stay, some will even though they do not require a visa to enter the EU they will require a visa to enter Ukraine.  This is because those countries have not signed a bilateral agreement with Ukraine. 

Reading various comments here and else where it is clear that they may not be legitimate as you can not sign for your own visa application.  Even if you won the company that issues the invitation. You will need to be registered in the Regions that the Company is registered in also. So be ware if your illegitimate then you will be caught out. You can get around it by living abroad for 3 months on and 3 months off.   again this is designed to weed out the non-legitimate long stayers. All countries are treated the same.

[ECOCKS]

Anton:

What you have described is dated information from prior days.

Take a moment and read the May 20th Embassy announcement.

You can no longer register for more than 90 days based upon an MEBV at the OVIR (mine's a 5 year so I am ticked too).

I don't know if you are presently living in Ukraine, but the new reg requires an IM-1 for registrations longer than 90 days. There is also the expectation that you will complete the work permit as well. Existing expats were grandfathered in for their current documentation but are expected to change visas as their current ones expire.

Multiple entry is not allowed once registered unless within your 90/180 counter which is also a large problem. Your travel outside the country will be curtailed or at least hindered by forcing re-registration every time you come back. The current expat joke is when are we supposed to work between trips to the OVIR office, Tax Authority, translators, notarios, consulates, Work Permit processing, etc.

[ECOCKS]

This alert was sent out to clients of one of the larger international law firms in Ukraine.

It is their summary of the Immigration and Visa rule changes referred to in the embassy announcement and other discussion above.

New Rules on Limits on Terms of Stay of Foreigners in Ukraine

On 6 May 2009, the Cabinet of Ministers of Ukraine amended the "Rules for Entry of Foreigners and Apatrides into Ukraine, Their Transit Through and Exit From Ukraine", which were approved by Resolution of the Cabinet of Ministers No. 1074, dated 29 December 1995 (the "Rules").  Those amendments (the "Amendments") became effective as of 15 May 2009.   

1.                 Not More than 90 Days Stay within 180 Days

According to the new wording of Article 19 of the Rules, except for holders of certain limited types of visas (e.g., student visas, work visas), foreigners may stay in Ukraine only as follows: (1) a foreigner from a country, the citizens of which need a visa, may stay for the term of the validity of his/her visa, but for not more than for 90 days within 180 days counting from the date of the first entry; and (2) a foreigner from a country, the citizens of which do not need a visa, may stay for up to 90 days within 180 days counting from the date of his/her first entry, unless otherwise stipulated by a bilateral agreement to which Ukraine is a party.  This limitation applies even if the visa (i.e., a business visa, a private visa, etc.), which has been issued to the foreigner, is valid for 6-months, 1-year, or longer.

This limit also applies to citizens, i.e., both tourists, private and business visitors, etc., of the EU, Japan, the USA, and all other countries, for which the requirement for a visa has been waived (since 2005)  for visits  of less than 90 days.  Therefore, it will not be possible any longer to enter Ukraine for 89 days, to exit for a brief period, and, in a couple of days, to re-enter for the next 89 days.

If a foreigner needs to spend more than 90 days within the above-mentioned 180 days period, then an application for an extension must be filed within the appropriate division of the Ukrainian Ministry of Interior at least 3 business days before the expiration of the 90 days.  If such extension is granted, it will be valid only for a continuous stay in the country (i.e., until the expiration of the term of the individual's visa or of another allowed period, as the case may be), but not for re-entry into Ukraine.  If the extension is not granted, then the foreigner must leave the country before the 90-days period comes to an end. 

2.                 Alert to Citizens of WTO Member Countries

The Amendments have abolished the third item in Article 19 of the Rules, which previously allowed citizens of WTO member countries to spend up to 180 days within a year in Ukraine.  According to oral information from a responsible officer of the State Borderguards Service, those foreigners from WTO member countries, who have already spent more than 90 days in Ukraine starting from 1 January 2009 (in reliance on the now-abolished third item of Article 19 of the Rules), will not be exempted from the abovementioned limitations, and the records indicating the duration of their stays in Ukraine will not be reset.

3.                 Alert to Foreign Employees of Representative Offices

Foreigners, who are employees of Ukrainian legal entities, are eligible to obtain Ukrainian work permits, work visas, and temporary residence permits.  The combination of these three documents will allow them to enter/exit Ukraine as many times and at such times as may be necessary within the term of validity of their work permits.  In contrast, foreigners, who are employed by Ukrainian representative offices of foreign companies, are not eligible for a Ukrainian work permit, in the oral opinion expressed by a responsible officer of the Kyiv City Employment Center (which opinion is not necessarily grounded on any specific Ukrainian legislation and, as such, is subject to challenge before the Ukrainian courts). 

As a result, a foreigner employed by a representative office will not be able to obtain a work visa and a temporary residency permit, for which a work permit is a prerequisite, at least not unless and until a Ukrainian court will rule that such foreigner  is eligible for a Ukrainian work permit.  As a result, such foreign employees of representative offices will not be exempted from the abovementioned restriction on the number of days that they can spend in Ukraine, but rather will be allowed only to stay 90 days within 180 days.

 4.                 Consequences of Spending More Than 90 Days in Ukraine

As we have noted in our earlier Legal Alerts, the State Borderguard Service has launched a computerized system for recording each foreigner's entries into and exits from Ukraine.  This system automatically marks the commencement of the 180 day period upon a foreigner's entry into Ukraine and calculates the number of days spent by the foreigner in Ukraine.  Both the date of entry and the date of exit count towards the number of days spent in Ukraine.  If a foreigner  spends more than 90 days  within 180 days (without obtaining an extension of stay mentioned above), then such foreigner may  be subject to a fine of between UAH340 and UAH680 and, in addition, may be banned from entering Ukraine for a period of between 6 months and 5 years.   

If a foreigner exhausts the 90 days within a 180 day limit of stay, such foreigner will not be permitted to re-enter the country until the 180 day limit expires. Thus, all foreigners, who do not have temporary residence permits (or permanent residence permits), should very carefully calculate the number of days which they spend in Ukraine and plan their visit(s) and the duration of their stay(s) in the country accordingly.