VISA TYPE “D” WITHOUT DEPARTURE FROM UKRAINE

On March 6, 2019, in order to simplify migration rules for foreigners and improve the investment climate, the Cabinet of Ministers of Ukraine adopted Resolution No. 368, which was to provide long-term visas to foreigners and stateless persons in Ukraine.

The rules for issuing visas for entry into Ukraine and transit through its territory were supplemented by the following points:

“A long-term visa shall be issued by a foreign diplomatic agency of Ukraine or by a department of the Ministry of Foreign Affairs consular office for a period of 90 days, unless otherwise provided by the legislation or international treaties of Ukraine.”

“A long-term visa may be issued by the Ministry of Foreign Affairs Consular Section exclusively for foreigners or stateless persons, who can enter Ukraine without a visa under the legislation of Ukraine or an international treaty of Ukraine and obtain a long-term visa:

for employment; or

to participate in the implementation of internationally recognized technical assistance projects registered in due course; or

to work in the representative offices of foreign entities in Ukraine, registered in due course; or

to work in branches or representative offices of foreign banks, registered in due course; or

for conducting cultural, scientific, educational activities on the grounds and in the manner established by international treaties of Ukraine or special programs, as well as for foreigners or stateless persons who have come to Ukraine for participation in international and regional volunteer programs or participation in the activities of organizations and institutions involving volunteers in accordance with the Law of Ukraine “On Volunteer Activities”, information on which is available on the official website of the Ministry of Social Policy; or

as the founders and / or participants, and / or beneficial owners (controllers) of a legal person incorporated in Ukraine, and the size of the ownership share of which or a foreign legal entity, the beneficiary (controller) of which such foreigners or stateless persons are in the authorized capital of the Ukrainian legal entity a person is not less than EUR 100 thousand at the official exchange rate established by the National Bank at the date of making the foreign investment; or

for the purpose of learning. ”

That is, it was actually declared the possibility of obtaining a long-term type D visa without leaving Ukraine for all visa-free countries, which are required to obtain visas for residence permits in Ukraine (USA, Israel, Canada, EU countries). In practice, this would make life much easier for all foreigners who arrived in Ukraine for 90 days and have already received grounds in Ukraine for obtaining the certificates on the grounds mentioned above. As of now, this category of citizens is forced to travel to other countries, most often Poland or Hungary, simply to obtain a visa.

But in practice, as of the end of August 2019, the Consular Department of the Ministry of Foreign Affairs of Ukraine responded to a request that they do not have visas and the said resolution is not implemented in practice and when it is not known.

Author: Alexey Nikitin

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