(It was established that in the period from January 1 to June 15, 2017, foreigners and stateless persons entering Ukraine for the purpose of ensuring organizational and technical measures for the preparation and holding of the Eurovision Song Contest based on the relevant invitations of the National Television Company, the restrictions on the periods of temporary stay, established by subparagraph 2 of paragraph 2 of the Procedure approved by this resolution, in accordance with the resolution of the Cabinet of Ministers of Ukraine dated December 28, 2016 N 1017) do not apply)
(It has been established that until December 31, 2021, the restrictions on the periods of temporary stay, established by subparagraph 2 of paragraph 2 of the Procedure, approved by this resolution, in accordance with the resolution of the Cabinet of Ministers of Ukraine dated December 23, 2020 N 1302, do not apply to citizens of the Republic of Belarus)
In accordance with the fourth part of Article 17 , the third part of Article 20 , the second paragraph of the second part of Article 24 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", the Cabinet of Ministers of Ukraine decrees :
1. Approve the attached Procedure for extending the period of stay and extending or reducing the period of temporary stay of foreigners and stateless persons in the territory of Ukraine.
2. To recognize as invalid the resolutions of the Cabinet of Ministers of Ukraine according to the attached list.
3. Ministries and other central bodies of executive power must bring their own normative legal acts into compliance with this resolution within a month.
Prime Minister of Ukraine
M. AZAROV
Ind. 70
APPROVED
by the resolution of the Cabinet of Ministers of Ukraine
of February 15, 2012 N 150
PROCEDURE
for extending the period of stay and extending or shortening the period of temporary stay of foreigners and stateless persons in the territory of Ukraine
1. This Procedure defines the procedure for extending the period of stay and extending or shortening the period of temporary stay of foreigners and stateless persons on the territory of Ukraine.
2. Foreigners and stateless persons who arrived in Ukraine on legal grounds may temporarily stay on its territory:
1) during the period of permission granted by the visa within the validity period of the visa in case of entry of stateless persons or foreigners who are citizens of states with a visa entry procedure, unless another period is defined by international treaties of Ukraine;
(subparagraph 1 of paragraph 2 with changes introduced in accordance with
the resolution of the Cabinet of Ministers of Ukraine dated 31.03.2015 No. 163)
2) no more than 90 days within 180 days in the case of entry of foreigners who are citizens of states with visa-free entry, unless another period is determined by international treaties of Ukraine. The procedure for calculating the specified term is established by the Ministry of Internal Affairs;
(subparagraph 2 of paragraph 2 in the wording of the resolution
of the Cabinet of Ministers of Ukraine dated 31.03.2015 No. 163)
(it was established that in the period from 01.01 to 15.06.2017, to foreigners and stateless persons who enter Ukraine for the purpose of ensuring organizational and technical measures for the preparation and holding of the Eurovision Song Contest based on the relevant invitations of the National Television Company, the restrictions on the periods of temporary stay, established by sub-item 2 of item 2, in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 28.12.2016 No. 1017, do not apply)
(it has been established that until 12/31/2021, the restrictions on the periods of temporary stay established by subparagraph 2 of paragraph 2 do not apply to citizens of the Republic of Belarus, in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 12/23/2020 N 1302)
3) for the period of validity of the visa, but not more than 90 days within 180 days in the case of entry with a visa issued before September 11, 2011.
(sub-item 3 of item 2 with changes introduced in accordance with
the resolution of the Cabinet of Ministers of Ukraine dated 31.03.2015 No. 163)
3. Registration of foreigners and stateless persons entering Ukraine, except for persons who, in accordance with the fourth and fifth parts of Article 16 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", are exempted from registration or whose passport documents are registered in the Ministry of Foreign Affairs and its representative offices, carried out at the border crossing point by an official of the State Border Service.
4. Foreigners and stateless persons for the purpose of transit through the territory of Ukraine move within the time limit specified in the travel ticket, and in the absence of a ticket - the time required for transit travel on the appropriate mode of transport.
5. The term of stay of foreigners and stateless persons on the territory of Ukraine, passport documents or documents confirming a stateless person, which are registered by an official of the State Border Service, is extended by territorial bodies or units of the State Border Service.
6. The period of stay of foreigners and stateless persons on the territory of Ukraine shall be extended if they arrived:
1) with a short-term visa, as well as from countries with a visa-free entry system if there are justified reasons (treatment, pregnancy or childbirth, care for a sick family member, registration of inheritance, submission of an application for obtaining a permit for immigration or acquisition of citizenship of Ukraine, performance of official duties duties as a foreign correspondent or a representative of a foreign mass media, etc.) and subject to the submission of supporting documents - for the period of existence of such grounds, but no more than 180 days from the date of the last entry into Ukraine. Short-term visas are equivalent to visas of the type C-2, C-3, B, L, M, H, R, G, K, T, P-1, OP and P-2, issued before September 11, 2011 (until the end of their validity period);
(subparagraph 1 of paragraph 6 with changes introduced in accordance with
the resolution of the Cabinet of Ministers of Ukraine dated August 12, 2015 No. 613)
2) under a transit visa in case of a forced stop on the territory of Ukraine due to extraordinary circumstances (natural disaster, illness, vehicle repair, etc.) in the presence of a document confirming the reason and duration of the forced stop, for the period necessary to eliminate such circumstances TR-1 and TR-2 visas issued before September 11, 2011 (before their expiration date) are equivalent to transit visas;
3) for a long-term visa, if a permanent or temporary residence permit is not issued for valid reasons during the validity period of the visa, subject to submission of supporting documents - for a period of no more than one month. Long-term visas are equivalent to type O, IM-1, IM-2, IM-3 and F visas issued before September 11, 2011 (before their expiration date).
7. The decision to extend the period of stay of foreigners and stateless persons on the territory of Ukraine beyond the period established by this Procedure shall be taken by the head of the territorial body or subdivision of the Ministry of Internal Affairs or his deputy in the event of an application for obtaining a permit for immigration or acquisition of Ukrainian citizenship and there are reasons that do not to be able to leave Ukraine, in accordance with Article 22 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" , as well as the Head of the DMS or his deputy in other cases, subject to the submission of supporting documents.
8. Applications for the extension of the period of stay on the territory of Ukraine (hereinafter - applications) are submitted by foreigners and stateless persons and by the host party no earlier than ten and no later than three working days before the end of such a period to the territorial bodies or divisions of the Ministry of Internal Affairs at the place of residence . The sample application and the procedure for its consideration are approved by the Ministry of Internal Affairs.
9. To extend the period of stay on the territory of Ukraine, a foreigner and a stateless person and the receiving party shall submit the following documents together with the application:
1) in the event that the receiving party is a natural person:
a passport document of a foreigner or a document certifying a person without citizenship (returned after presentation), a copy of its pages with personal data, a visa (if available) and a registration mark and/or a copy of an immigration card (if available);
translation into Ukrainian of the pages of a foreigner's passport document or a document certifying a stateless person with personal data, certified in accordance with the procedure established by law;
passport document of the natural person who is the receiving party (returned after presentation) and a copy of its pages with personal data;
a copy of a permanent or temporary residence permit or other document confirming the legality of stay on the territory of Ukraine (if the receiving party is a foreigner or stateless person);
a document confirming the availability of financial security to cover expenses related to the stay of a foreigner and a stateless person on the territory of Ukraine, or a letter of guarantee from the host party to undertake the payment of all expenses related to the stay of a foreigner and person without citizenship on the territory of Ukraine and their departure from Ukraine;
a document on the right of ownership or a certificate of state registration of the right of ownership of housing, which is provided to a foreigner and a stateless person for stay (returned after presentation), and its copy, and in the case when the housing does not belong to the host party - written consent of the owner (co-owner) of such housing. If the housing provided to a foreigner and a stateless person for stay is in state or communal ownership, instead of a document of ownership, a document confirming the right of the receiving party to use such housing (warrant, contract of employment / lease / sublease, etc.) is submitted (after presentation is returned), and its copy, as well as written consent for the stay of a foreigner and a stateless person of all adults whose place of residence is registered in such housing;
(paragraph seven of subparagraph 1 of item 1 in the wording of the resolution
of the Cabinet of Ministers of Ukraine dated November 18, 2020, No. 1135)
four photos of a foreigner and a stateless person measuring 3.5 x 4.5 centimeters;
a receipt for the payment of the state duty for the extension of the stay or a document confirming the availability of payment benefits;
2) in the event that the receiving party is a legal entity:
a passport document of a foreigner or a document certifying a person without citizenship (returned after presentation), a copy of its pages with personal data, a visa (if available) and a registration mark and/or a copy of an immigration card (if available);
translation into Ukrainian of the pages of a foreigner's passport document or a document certifying a stateless person with personal data, certified in accordance with the procedure established by law;
passport document of the head of the legal entity, which is the receiving party, and/or the person authorized by him (returned after presentation) and a copy of its pages with personal data;
a copy of the extract from the Unified State Register of Legal Entities and Individual Entrepreneurs;
a copy of the administrative document (order, extract from the protocol, power of attorney, etc.) on the appointment of employees who are responsible for processing documents for foreigners and stateless persons, certified in accordance with the procedure established by law;
a document confirming the availability of financial security to cover expenses related to the stay of a foreigner and a stateless person on the territory of Ukraine, or a letter of guarantee from the host party to undertake the payment of all expenses related to the stay of a foreigner and person without citizenship on the territory of Ukraine and their departure from Ukraine;
a document on the right of ownership or a certificate of state registration of the legal entity's ownership of housing that is provided to a foreigner and a stateless person for stay (returned after presentation), and its copy, and in the case when the housing does not belong to the host party, a written consent of the owner (co-owner) of the home or a person authorized by him;
four photos of a foreigner and a stateless person measuring 3.5 x 4.5 centimeters;
a receipt for the payment of the state duty for the extension of the stay or a document confirming the availability of payment benefits.
In the presence of a system of electronic information interaction, the territorial body or territorial division of the State Internal Revenue Service receives information on the ownership of housing, which is provided to a foreigner and a stateless person for stay, through access to the State Register of Property Rights to immovable property in accordance with the Procedure for Accessing the State Register of Property Rights to immovable property, approved by the resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 No. 1127 "On state registration of property rights to immovable property and their encumbrances" (Official Gazette of Ukraine, 2016, No. 2, Article 108; 2018, No. 52, Article 1827).
(item 9 was supplemented by a paragraph in accordance with the resolution
of the Cabinet of Ministers of Ukraine dated November 18, 2020, No. 1135)
In the presence of the specified information in the State Register of Real Property Rights to immovable property, a document on the right of ownership or a certificate of state registration of the ownership of an individual or legal entity to housing provided to a foreigner and a stateless person for stay, and its copy together with the application, shall not be submitted.
(item 9 was supplemented by a paragraph in accordance with the resolution
of the Cabinet of Ministers of Ukraine dated November 18, 2020, No. 1135)
10. The decision to refuse to extend the period of stay of a foreigner and a stateless person on the territory of Ukraine is made in the event of:
1) the need to ensure national security or protection of public order;
2) the need to protect health, protect the rights and legitimate interests of citizens of Ukraine and other persons living in Ukraine;
3) when a foreigner's passport document or a document certifying a stateless person is forged, defaced or does not conform to the prescribed model or belongs to another person;
4) submission of knowingly false information or forged documents by a foreigner and stateless person;
5) when the facts of non-compliance by a foreigner and a stateless person with the decision of a court or state authorities authorized to impose administrative penalties are discovered, or they have other property obligations to the state, natural or legal entities, including those related to previous expulsion under the borders of Ukraine, including after the expiration of the ban on further entry into Ukraine;
6) when there are reasonable grounds to believe that a foreigner and a stateless person have reasons and purpose for staying in Ukraine other than those stated in the application or they have not submitted the corresponding confirmation;
7) the absence of a foreigner and a stateless person with sufficient financial support for the period of stay or the corresponding guarantees of the host party.
The specified decision can be appealed to the territorial body of the State Internal Revenue Service (in the case when the decision was made by the territorial division of the State Internal Revenue Service), the State Internal Revenue Service or the court.
11. A foreigner and a stateless person, in case of loss of a foreigner's passport document or a document certifying a stateless person on the territory of Ukraine, must immediately notify the territorial body or unit of the State Border Service in writing, which is obliged to issue a certificate and send a corresponding notification to the Administration of the State Border Service . In such a case, the issue of extending the period of stay of a foreigner and a stateless person on the territory of Ukraine or their departure from Ukraine is resolved after they receive a passport document of a foreigner or a document certifying a person without citizenship at the diplomatic mission or consular institution of the country of citizenship or origin or previous permanent residence. citizenship, on the basis of a personal application, a copy of a certificate issued by a territorial body or a subdivision of the State Internal Revenue Service,
12. The period of temporary stay of a foreigner and a stateless person on the territory of Ukraine is shortened in the event that there are no grounds for their temporary residence or temporary stay on the territory of Ukraine established by parts four to twelve of Article 4 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" .
13. The decision to reduce the period of temporary stay of a foreigner and a stateless person on the territory of Ukraine is taken by the head of the territorial body or subdivision of the State Security Service or his deputy or the head of the SBU body in the absence of grounds for temporary stay, as well as the application of the receiving party, the National Police body or the security body state border.
(item 13 with changes introduced in accordance with the resolution
of the Cabinet of Ministers of Ukraine dated 07/13/2016 No. 437)
14. The decision on shortening the period of temporary stay of a foreigner and a stateless person on the territory of Ukraine specifies the period during which the person is obliged to leave Ukraine. Such a period cannot be more than ten days from the day of adoption of the decision.
A copy of the said decision is issued to a foreigner and a stateless person upon receipt.
In the passport document of a foreigner or the document certifying a stateless person, the mark "Term of temporary stay is shortened to ___ ____________ 20__ years" is placed.
15. The decision to shorten the period of temporary stay of a foreigner and a stateless person on the territory of Ukraine may be appealed within five working days from the day of its acceptance by the State Security Service (in the case when the decision was made by a territorial body or subdivision of the Security Service), the SBU (in the case when the decision was made by the SBU body) or the court.
Appealing such a decision stops its execution.