Unofficial translation
cabinet of ministers of ukraine
RESOLUTION
of 1 March 2017 No. 118
Kyiv
On Approval of the Rules for Visa Issuance for Entry to and Transit through the Territory of Ukraine
Pursuant to part one of Article 10 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”, the Cabinet of Ministers of Ukraine rules to:
1. Approve the Rules for Visa Issuance for Entry to and Transit through the Territory of Ukraine, appended hereto.
2. In sub-paragraph 8 of paragraph 4 of the Regulation on State Migration Service approved by Resolution of the Cabinet of Ministers of Ukraine of 20 August 2014 No. 360 (Official Bulletin of Ukraine, 2014, No. 69, Art. 1923), to remove the phrase “invitation for foreigners and stateless persons for issuance of visa to enter Ukraine”.
3. Declare void the Resolutions of the Cabinet of Ministers of Ukraine included in the list appended hereto.
4. This Resolution shall come into force after 30 days of its publication.
APPROVED
by Resolution of the Cabinet of Ministers of Ukraine
of 1 March 2017 No. 118
Rules for Visa Issuance for Entry to and Transit through the Territory of Ukraine
General Provisions
1. These Rules define the procedure for issuance of visas to foreigners and stateless persons for entry to and transit through the territory of Ukraine.
2. The terms used in these Rules shall have the following meanings:
visa issued electronically – permission required for entry to or transit through the territory of Ukraine issued online, via the Internet and the visa information telecommunication system;
visa application form – application form for issuance of visa for entry to and transit through the territory of Ukraine, the form of which is approved by the Ministry of Foreign Affairs of Ukraine;
visa label – coloured sticker the design of which is approved by the Cabinet of Ministers of Ukraine placed in a passport of a foreigner of stateless person;
visa information telecommunication system – electronic ITC system designed to store, protect and process information about a person and visas issued via this system;
visa request – request of a foreigner of stateless person that includes visa application form and documents required for visa issuance;
external service provider – enterprise contracted to provide services on acceptance, preliminary review and transference to an authorized body of visa requests filed by foreigners and stateless persons seeking visa to enter Ukraine;
foreign Ukrainian’s ID – document that attests to the status of a person as a foreign Ukrainian as defined in the Law of Ukraine “On Foreign Ukrainians”;
authorized body – Ukrainian diplomatic mission abroad, consular department of the Ministry of Foreign Affairs of Ukraine, representation of the Ministry of Foreign Affairs of Ukraine on the territory of Ukraine;
authorized person – authorized body’s staff appointed by written decision of the consular department of the Ministry of Foreign Affairs of Ukraine to be responsible for reviewing visa requests and taking decisions about visa issuance.
Other terms used in these Rules shall be understood as defined in the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”.
Visa types, validity period. List of documents to be submitted for visa issuance
3. Depending on the purpose of travel, visas can be of the following types, marked by alphabetical code (Latin letters – in the machine readable area):
transit visa (marked by letter B, in the machine readable area – VB);
short-term visa (marked by letter C, in the machine readable area – VC);
long-term visa (marked by letter D, in the machine readable area – VD).
4. Transit visas are issued to foreigners and stateless persons to allow transit passage through the territory of Ukraine to a third country and transit carriage of cargo and passengers by automobile transport.
Transit visas can be issued as singe-entry, two-entry and multi-entry visas for a period indicated in documents serving as a basis for visa issuance, but for no longer than one year, unless otherwise stipulated by Ukraine’s international treaties. The period of stay on the territory of Ukraine during each transit through Ukraine may not exceed five days.
Short-term visas are issued to foreigners and stateless persons for entry to Ukraine if their stay in Ukraine does not exceed 90 days in the period of 180 days.
Short-terms visas can be issued as singe-entry, two-entry and multi-entry visas with the typical period of six months or a period indicated in documents serving as a basis for visa issuance, but for no longer than five years. Validity period of visa may not exceed validity period of passport, as required by paragraph two in sub-item 1 of item 5 of these Rules.
In cases when a foreign state issues visas for Ukrainian citizens for a period exceeding five years, the validity period of short-term visas for citizens of this state shall be established by the consular department of the Ministry of Foreign Affairs of Ukraine with consideration of the reciprocity principle.
Long-term visas are issued to foreigners and stateless persons for entry to Ukraine with the intention to obtain a document allowing stay or residency in Ukraine for a period exceeding 90 days.
Long-term visas are issued by a Ukrainian diplomatic mission abroad as multi-entry for 90 days, unless otherwise stipulated by legislation or international treaties of Ukraine.
The period within which a foreigner or stateless person may enter Ukraine and the period of stay on the territory of Ukraine shall be indicated on visa label.
5. For all visa types, unless otherwise stipulated by legislation or international treaties of Ukraine, the following documents are to be submitted to the authorize body:
1) passport that should meet the following requirements:
be valid for at least three months after the stated date of departure from Ukraine;
have at least two blank pages;
have validity period of no longer than 10 years;
2) completed and signed visa application form. On behalf of legally incapable persons, visa application forms are submitted by their legal representatives. Persons whose information is included in passport of a foreigner or stateless person and who travel together with them shall submit their own visa application forms. Visa application forms of minors shall be submitted with signature of a parent or legal guardian;
3) one coloured photo 35 mm x 45 mm;
4) valid health insurance with coverage of at least 30,000 EUR or equivalent in other currency, unless otherwise stipulated by legislation or international treaties of Ukraine. When multi-entry visa is requested, availability of health insurance valid for the first intended visit to Ukraine shall be considered. Holders of diplomatic or service passport shall be exempt from this requirement;
5) proof of the applicant’s financial sufficiency for the intended period of stay and return to the country of origin, or transit to a third country, or the possibility to legally obtain sufficient financial means on the territory of Ukraine, as required by the Rules for proving financial sufficiency of foreigners and stateless persons for entry to Ukraine, stay on the territory of Ukraine, transit through the territory of Ukraine and departure from Ukraine, and establishment of the amount of such sufficiency, approved by the Resolution of the Cabinet of Ministers of Ukraine of 4 December 2013 No. 884 (Official Bulletin of Ukraine, 2013, No. 97, Art. 3582). When multi-entry visa is requested, financial sufficiency for the first planned visit to Ukraine shall be considered. Holders of diplomatic or service passport shall be exempt from this requirement;
6) payment slip for consular fee, unless otherwise stipulated by legislation or international treaties of Ukraine.
6. For issuance of transit visa, one of the following documents shall be submitted in addition to those listed in item 5 of these Rules:
1) proof of transit (entry to a third country (if necessary), ticket, etc.);
2) proof of transit carriage of cargo or passengers by automobile transport;
3) license for international freight issued by relevant competency authority of a foreign state.
7. For issuance of short-term visa, one of the following documents shall be submitted in addition to those listed in item 5 of these Rules:
1) letter of invitation from a legal person registered in Ukraine, presented on the official letterhead, containing indication of the number assigned in the Unified State Registry of legal entities, individual entrepreneurs and citizens’ associations, registration number, date and signature, full name of the invited person, information about his/her date and place of birth, nationality, passport details, place of residence, purpose of visit, duration of intended visit to Ukraine, number of entries and place of stay in Ukraine, legal person’s obligations towards possible costs related to the invited person’s stay or departure from Ukraine;
2) notarized letter of invitation from a physical person – Ukrainian citizen, foreigner or stateless person who legally reside, temporarily or permanently, in Ukraine. Invitation shall contain full name of a physical person, details of his/her passport and temporary or permanent residency permit (for a foreigner or stateless person), address, and full name of the invited person, information about his/her date and place of birth, nationality, passport details, place of residence, purpose of visit, duration of intended visit to Ukraine, number of entries and place of stay in Ukraine, physical person’s obligations towards possible costs related to the invited person’s stay or departure from Ukraine. The invitation shall be appended by copies of a hosting person’s passport and temporary or permanent residency permit in Ukraine (for a foreigner or stateless person);
3) letter of invitation from a government body, government institution, state enterprise or government organization;
4) contract on transit carriage of cargo or passenger by automobile transport, and license for international freight;
5) Ukrainian foreigner’s ID. A spouse of a Ukrainian foreigner and his/her children shall submit proof of kinship;
6) documents confirming that the purpose of travel is tourism;
7) letter of invitation from a healthcare institution;
8) document attesting to foreign investment activity, according to the legislation on foreign investment regime on the territory of Ukraine;
9) proof that a foreigner or stateless person owns immovable property on the territory of Ukraine;
10) letter of invitation from a religious organization agreed with a government agency that registered the charter (regulation) of a corresponding religious organization for a short-term stay with the purpose of preaching a set of beliefs, performance of religious rituals or other faith-related activity;
11) request from a foreign mass media outlet about issuance of visa for a foreign correspondent or representative of a foreign mass media outlet who enters Ukraine for a short-term stay with the purpose of performing job-related responsibilities;
12) request from government bodies of foreign states and international organizations;
13) order of the Central Election Commission on registration of official observers from foreign states and international organizations for presidential elections, parliamentary elections, local elections and national referendums;
14) proof that a foreigner or stateless person is a spouse, parent or child of a Ukrainian citizen.
In cases when a foreigner or stateless person enter Ukraine with the aim to ensure its foreign and internal policy interests or with a humanitarian purpose, short-term visas can be issued upon written decision of a head of a Ukrainian diplomatic mission aboard or consular department of the Ministry of Foreign Affairs of Ukraine.
8. For issuance of long-term visa, one of the following documents shall be submitted in addition to those listed in item 5 of these Rules:
1) notarized copy of permission to employ foreigners and stateless persons as labour force. Foreigners and stateless persons whose employment, according to the law, is not subject to permission to employ foreigners and stateless persons as labour force, shall instead produce an employment agreement (contract), and persons with foreign Ukrainian status shall produce an employment agreement (contract) and foreign Ukrainian’s ID.
2) copy of decision on immigration permission issued by the State Migration Service;
3) proof that the applicant is a family member to a person who has been granted refugee status in Ukraine, or a person in need of subsidiary protection who has been granted subsidiary protection in Ukraine;
4) invitation for study (internship) issued by a higher education institution and registered according to the procedure established by the Ministry of Education and Science of Ukraine;
5) letter of invitation from a government institution, state enterprise or organization that is a recipient of international technical assistance;
6) letter of invitation from a religious organization agreed with a government agency that registered the charter (regulation) of a corresponding religious organization for a long-term stay with the purpose of preaching a set of beliefs, performance of religious rituals or other faith-related activity;
7) letter of invitation from a branch office, division, representation or other structural unit of a civil society (non-governmental) organization of a foreign state registered according to the established procedure;
8) letter of invitation from a branch office, division, representation of a foreign business operator registered according to the established procedure;
9) letter of invitation from a branch office or representation of a foreign bank registered according to the established procedure;
10) request from a foreign mass media outlet about issuance of visa for a foreign correspondent or representative of a foreign mass media outlet who enters Ukraine for a long-term stay with the purpose of performing job-related responsibilities;
11) request from competent authorities of foreign states or international organizations to issue visas to employees of diplomatic missions and consular posts, international organizations and their representations who enter Ukraine for a long-term stay with the purpose of performing job-related responsibilities, and their family members;
12) letter of invitation from a relevant government agency responsible for implementation of cultural, educational, scientific, sport, or volunteering programs for participation in which a foreigner or stateless person arrives in Ukraine, or letter of invitation from an organization or institution that engages volunteers in their activity, information about which is placed on the official website of the Ministry of Social Policy of Ukraine, accompanied by the copy of state registration certificate of this organization or institution;
13) document certifying that a person is married to a Ukrainian citizen (if the marriage between a Ukrainian citizen and foreigner or stateless person was concluded outside Ukraine according to the law of a foreign state, validity of such marriage shall be determined on the basis of the Law of Ukraine “On International Private Law”). Documents issued by competent authorities of a foreign state shall be legalized, unless otherwise stipulated by the law or international treaty of Ukraine, and submitted together with the translation into the Ukrainian language, attested according to the established procedure; however, translation into the English language may be provided if the Ukrainian translation in not possible;
14) proof that the applicant is a family member to a foreigner or stateless person who hold permit for temporary residency in Ukraine (documents issued by competent authorities of a foreign state shall be legalized, unless otherwise stipulated by the law or international treaty of Ukraine, and submitted together with the translation into the Ukrainian language, attested according to the established procedure; however, translation into the English language may be provided if the Ukrainian translation in not possible), copy of the relevant permit for temporary residency in Ukraine and of the proof of financial sufficiency of a foreigner or stateless person to support family members in Ukraine;
15) other documents, if stipulated by Ukraine’s international treaties.
Visa issuance procedure
9. Foreigners and stateless persons shall contact Ukrainian diplomatic missions abroad to submit visa issuance documents no earlier than three months before the intended visit.
Relevant documents shall be submitted to a Ukrainian diplomatic mission abroad or external service provider in person, through an authorized representative, or by post after preliminary registration of visa application form in the visa information telecommunication system, with the exception of cases stipulated by item 12 of these Rules.
10. The authorized person, having received the original visa application form and other documents, shall:
1) review the submitted documents;
2) check whether the visa application form is registered in the visa information telecommunication system. The preliminary registration requirement may be lifted in cases related to urgently required entry to Ukraine and visa issuance on the basis of items 20-22 of these Rules. When there is no preliminary registration, the authorized person shall process such registration in the visa information telecommunication system;
3) request additional documents, as necessary;
4) conduct a personal interview, as necessary. Interview may be conducted in the remote mode by means that allow for visual identification of the applicant;
5) take a decision about visa issuance or denial, on the basis of the review of submitted documents, interview (when conducted) and information available in the database of individuals who are banned from entering Ukraine or temporary restricted in their right to leave Ukraine, according to legislation;
6) ensure filling out of a visa label and its placement in a passport (if a technical error has been made when filling out the visa label and placing it in a passport, such visa shall be made void by crossing and marking it as “Void”, with date and signature of an official and placement of a seal);
7) hand over a passport with placed visa label to a foreigner, stateless person, representative or external service provider. A passport may be sent to the bearer by post, at the bearer’s expense.
11. If a foreigner or stateless person fails to produce necessary documents stipulated by these Rules or fails to pay a consular fee, the review of visa request shall be terminated after 90 calendar days from registration of the visa application form in the visa information telecommunication system.
The review may be terminated upon request of a foreigner or stateless person, or when the applicant displays inadequate behaviour during submission of documents to the authorized body.
Paid consular fees are not subject to refund.
12. Visa issuance for foreigners who are nationals of the states according to the list defined by the Ministry of Foreign Affairs of Ukraine together with the Security Service of Ukraine, and stateless persons who permanently reside in these states, shall be performed by the Ukrainian diplomatic mission abroad in the country of the applicant’s temporary or permanent residency, after conducting a personal interview with a foreigner or stateless person and upon agreement with the state authorities of Ukraine, authorized to take decisions banning entry to Ukraine within the operations of the visa information telecommunication system.
13. If a relevant country does not have a Ukrainian diplomatic mission abroad, visa issuance shall be performed in another foreign country, as decided by the Ministry of Foreign Affairs of Ukraine.
14. Requirements stated in item 12 of these Rules may not be applicable in the following cases:
1) a foreigner or stateless person possesses a passport with a valid used multi-entry visa of Schengen countries (countries subject to Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 on Schengen Borders Code), Australia, the United Kingdom of Great Britain and Northern Ireland, Ireland, Canada, New Zealand, the United States of America, Japan, or possesses residency permit in one of the above countries;
2) a foreigner or stateless person enters Ukraine upon invitation of a government body or government institution of Ukraine, or upon request of a competent body of a foreign state or international organization;
3) upon written decision of a head of a Ukrainian diplomatic mission abroad or consular department of the Ministry of Foreign Affairs of Ukraine, to ensure Ukraine’s internal and foreign policy interests, and in cases of humanitarian purpose;
4) a foreigner or stateless person possesses a passport with a visa for entry to Ukraine that was used within the last 24 months.
15. Visa application forms and documents (copies) that served as basis for visa issuance shall be retained by the authorized body for five years and then destroyed according to the procedure established by the Ministry of Foreign Affairs of Ukraine.
16. Blank visa labels are produced and sent by the Banknote and Minting Facility of the National Bank of Ukraine to the Ministry of Foreign Affairs of Ukraine by means of government’s special courier service, and by the Ministry of Foreign Affairs of Ukraine to Ukraine’s diplomatic missions abroad by means of diplomatic post only.
17. Requirements for filling out visa labels, registering, storing, using, and destroying blank visa labels, and reporting on visa issuance for foreigners and stateless persons shall be established by the Ministry of Foreign Affairs of Ukraine.
18. Requirements for electronic visa issuance shall be established by the Ministry of Foreign Affairs of Ukraine.
Time limits for visa issuance
19. Time limits for visa issuance by a Ukrainian diplomatic mission abroad are:
for urgent issuance – up to five working days from receipt of necessary documents. Urgent visa issuance is processed upon request of a foreigner or stateless person and in the period determined by a Ukrainian diplomatic mission abroad;
for ordinary issuance – up to ten working days from receipt of necessary documents, unless otherwise stipulated by Ukraine’s international treaties. This period may be extended up to 30 working days if necessitated by additional checks.
Visa issuance at border-crossing points
20. Consular department of the Ministry of Foreign Affairs of Ukraine or representation of the Ministry of Foreign Affairs of Ukraine issues visas at border-crossing points to enter Ukraine in the following cases:
1) with the diplomatic or service purpose, upon request by government bodies of Ukraine;
2) with the purpose of responding to an emergency, upon request of the State Emergency Service;
3) with the purpose of urgent medical treatment or burial of a close relative, as confirmed by relevant documents;
4) to pilots and other crew members of aircraft that perform international flights, upon availability of pilot’s license or crew member ID, as stipulated by Annex 9 to the Convention on International Civil Aviation;
5) to ensure Ukraine’s foreign and internal policy interests or in cases of travel with humanitarian purpose, upon written decision of consular department of the Ministry of Foreign Affairs of Ukraine;
6) for business or tourism, to foreigners who are nationals of countries listed in the Annex, with availability of documents stipulated in sub-items 1, 3, 6 and 8 of item 7 of these Rules;
7) for transit through the territory of Ukraine by crew members of foreign vessels staying in Ukrainian ports, with availability of the Crew List abstract;
8) in other cases stipulated by legislation and international treaties of Ukraine.
21. Visas shall be issued as single-entry in cases stipulated by sub-items 1-6 of item 20 for the period of up to 15 days; in cases stipulated by sub-item 7 of item 20 for the period of up to 5 days; and in cases stipulated by sub-item 7 of item 20 – according to legislation and international treaties of Ukraine.
22. Visas are issued at border-crossing points on the day of application.
Consular fees for visa issuance
23. Issuance of B, C, and D visas by a Ukrainian diplomatic mission abroad shall be subject to consular fee at the rate of 65 US dollars, unless otherwise stipulated by international treaties of Ukraine.
24. Urgent visa issuance or visa issuance outside working hours shall be subject to consular fee at the double rate.
25. Visa issuance at border-crossing points entails:
consular fee in the amount of 150 non-taxable incomes of citizens;
double rate of consular fee shall not apply.
26. When a foreign state charges a consular fee for issuance of visas to Ukrainian citizens in the amount exceeding the rate stated in item 23 of these Rules, the Ukrainian diplomatic mission abroad shall charge a consular fee for visa issuance to the nationals of this state in correspondence with the reciprocity principle, as agreed with the Ministry of Foreign Affairs of Ukraine.
27. Visas shall be issued with zero rate of consular fee to:
1) children under 6 years of age;
2) foreign Ukrainians, subject to showing foreign Ukrainian’s ID, foreign Ukrainian’s spouse and children;
3) persons who enter Ukraine on business and are holders of a diplomatic or service passport;
4) staff of Ukraine’s diplomatic missions abroad and consular posts, and their family members;
5) staff of international organizations and their representations in Ukraine, and their family members;
6) staff of states’ liaison offices at international organizations that have headquarters in Ukraine who, according to the statutes of such organizations or relevant international treaties, enjoy diplomatic privileges and immunity, and their family members;
7) heads and members of official delegations of foreign states and accompanying persons who enter Ukraine upon invitation of the President of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Presidential Administration, Ministry of Foreign Affairs of Ukraine.
8) honorary consuls of Ukraine, his/her spouse and minor children;
9) persons who enter Ukraine with the purpose of participating in the implementation of international technical assistance projects registered according to the established procedure, upon invitation of a government institution, enterprise or organization identified as recipients of the project;
10) staff of the emergency and rescue forces of foreign states who enter Ukraine with the purpose of responding to an emergency, upon request of the State Emergency Service;
11) representatives of foreign military formations and institutions who enter Ukraine on service duty, upon invitation of a relevant government body;
12) official observers from foreign states and international organizations registered by the Central Election Commission to observe presidential elections, parliamentary elections, local elections and national referendums;
13) other persons who enter Ukraine with the aim to ensure its foreign and internal policy interests or with a humanitarian purpose, upon written decision of a head of a Ukrainian diplomatic mission aboard or consular department of the Ministry of Foreign Affairs of Ukraine.
Grounds for visa refusal and cancellation
28. Decisions about visa refusal shall be taken when:
1) there is a threat to national security and public safety;
2) there is a threat to public health, protection of rights and lawful interests of Ukrainian citizens and other persons who reside in Ukraine;
3) there is information about a foreigner or stateless person in the database of individuals who are banned from entering Ukraine or temporary restricted in their right to leave Ukraine, according to legislation;
4) it is established that the submitted passport of a foreigner or stateless person is falsified, damaged or does not conform with the established design, or belongs to a different person;
5) the applicant knowingly provided untrue information or other falsified documents;
6) a foreigner or stateless person does not possess valid health insurance when it is possible to obtain health insurance policy on the territory of the country where the corresponding visa request has been made;
7) a foreigner or stateless person has not demonstrated financial sufficiency for the period of intended visit and return to the country of origin, or transit to a third country, or the possibility to legally obtain sufficient financial means on the territory of Ukraine;
8) there is no evidence confirming the purpose of intended stay in Ukraine of a foreigner or stateless person;
9) there are no documents enabling to establish the intention of a foreigner or stateless person to leave Ukraine prior to visa expiration;
10) an applicant requests termination of visa application review.
29. In the event of visa refusal, a foreigner and stateless person shall be informed about the grounds for refusal, and a stamp shall be placed in his/her passport about visa refusal, with date and signature of the authorized person, attested by a seal. The form of a decision about visa refusal shall be established by the Ministry of Foreign Affairs of Ukraine.
In case of visa refusal, a foreigner or stateless person may submit a repeated visa request according to these Rules.
30. A foreigner or stateless person who were refused a visa can appeal against this decision to the authorized body that reviewed his/her visa request by letter of appeal presenting corresponding rationale and requesting repeated review of the visa request. Letter of appeal shall be submitted within two months after a foreigner or stateless person receives visa refusal.
31. In case of visa refusal, consular fee shall not be refunded.
32. Visa cancellation is subject to procedure and occurs in cases stipulated by the law.
Visa issued electronically
33. Electronic visa issuance shall be subject to consular fee at the rate of 65 US dollars.
34. Visas issued electronically shall be single-entry visas for the period of 30 days for travel on business or tourism.
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Annex to the Rules
List of states whose citizens can be issued visas to enter Ukraine at border-crossing points
by the consular department of the Ministry of Foreign Affairs of Ukraine
or representation of the Ministry of Foreign Affairs of Ukraine
Australia
Antigua and Barbuda
Bahamas
Bahrain
Barbados
China (PRC)
Dominica (the Commonwealth)
El Salvador
Guatemala
Grenada
Honduras
India
Indonesia
Kuwait
Malaysia
Mauritius
Mexico
Micronesia (FSM)
New Zealand
Oman
Palau
Peru
Qatar
Saudi Arabia
Samoa
Seychelles
Saint Vincent and the Grenadines
Singapore
Timor Leshte
Trinidad and Tobago
Tuvalu
United Arab Emirates
Vanuatu
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