Recommendations on the application of the Rules for issuing visas for entry into Ukraine and transit through its territory
The material was prepared on the basis of ZSU requests. Similar questions are grouped into thematic blocks
When applying for a visa type “C” in the documents that are the basis for the visa must indicate the period for which the visa is issued and the number of entries. That is, if a person issues an invitation and it states that a visa is issued for 5 years multiple times, is this a reason to issue such a visa, even if it is the first visa to Ukraine?
The validity of the visa is determined by the authorized person based on the results of the visa application in accordance with paragraph 4 of the Rules.
The decision to issue a multiple-entry type C visa valid for more than 1 year shall be taken by the authorized person taking into account the principle of reciprocity for citizens of such state, and usually provided that the applicant has used type C visas at least twice during the last year. legislation of Ukraine, and in case of submission of the corresponding substantiation on existence of the bases for registration of the long-term visa for the purpose of realization of the regular trips connected with the professional or family status if other is not provided by the current legislation of Ukraine.
Issues related to visas for persons who are related to citizens of Ukraine. Which people are affected. For what period to issue a visa?
According to item 14) of item 7 of the Rules the basis for registration of the visa C is the confirming document that the foreigner or the stateless person is the husband, the wife, the father, mother, the child of the citizen of Ukraine. The decision on the validity of a type C visa is made by an authorized person on the basis of the submitted documents.
According to item 13) item 8 of Rules – for registration of visas D – the document confirming stay in marriage with the citizen of Ukraine.
Who has the right to notarize an invitation from an individual? Notaries in Ukraine, ZSU, foreign notaries?
Invitations certified by Ukrainian or foreign notaries, as well as ZSU are accepted for consideration.
The invitation must be issued in accordance with the requirements of paragraphs. 2) item 7 of the Rules.
Documents issued by the competent authorities of a foreign state must be legalized, unless otherwise provided by law or international treaty of Ukraine, and submitted together with a duly certified translation into Ukrainian, and in the absence of such possibility – into English.
What documents can confirm the tourist nature of the trip (hotel reservation, voucher)?
The decision to determine the tourist purpose of the trip is made by an authorized person on the basis of, for example, such documents as: booking a hotel / accommodation for the period of the planned stay in Ukraine; flights to / from Ukraine; tourist voucher; contract for tourist services; a document (invitation) from the content of which it is seen that the trip to Ukraine is carried out for the purpose of tourism (pilgrimage, religious, business, sports, etc.).
When applying for tourist visas, applicants from “migration risk” countries consider it expedient to conduct a thorough examination of the submitted documents, verify the validity of the declared purpose of the trip during the interview, as well as avoid visas validity that significantly exceeds the period of stay in Ukraine.
Regarding “migration risk” countries.
When issuing all types of visas to persons from countries of “migration risk”, it is recommended to inform applicants about the need to provide confirmation of booking tickets to / from Ukraine in case of travel by air.
Will a person be able to apply for a visa without registering in the ITS Visa, if it is not confirmed the need to apply urgently, or now everything will be exclusively through the system? Is it allowed to accept visa applications that are not registered in the ITS Visa?
As of now, there are no restrictions on accepting only those applications that are pre-registered in the ITS Visa. At the same time, taking into account the objective reasons, the workload of ZSU and the work schedule, it is advisable to recommend applicants to register independently.
What is considered overtime to charge a double rate? Does this mean the schedule of reception of citizens, or the schedule of work of ZSU? And how to fix it in ITS Visa?
Non-working hours are considered non-working hours of ZSU. If the applicant applies at non-reception hours during the working hours of ZSU, the double tariff rate of the consular fee is not charged.
If the applicant first paid the normal rate and then decided to issue an urgent visa, is it allowed to make a surcharge for urgency.
In accordance with the general rules of organization of consular work, after acceptance of documents by the authorized person and payment of the consular fee by the applicant, no additional payments are made.
In this case, the applicant has the right to apply for termination of the previous visa application (paid consular fee is not refundable) and submit a new visa application with payment of double the tariff rate of the consular fee for urgent processing.
The issue of reflecting the rates of the consular fee in the tariffs of ZSU and the collection of fees on the basis of reciprocity.
On April 16, 2017, a single tariff rate of $ 65 was introduced for all ZSUs. US for all types of visas B, C, D, regardless of their frequency and validity (instead of valid until 16.04.2017, 85/130/200 USD).
At the same time, the principle of reciprocity remains in force (paragraph 26 of the Rules “If a foreign state charges a consular fee for visas for citizens of Ukraine in excess of the tariff rate specified in paragraph 23 of these Rules, a foreign diplomatic mission of Ukraine citizens of such a state, the consular fee is collected taking into account the principle of reciprocity in agreement with the Ministry of Foreign Affairs “).
Questions about the terms of visas for representatives of the country “migration risk”, including long-term visas for training and approval of the SBU.
It is recommended that persons from “migration risk” countries refrain from issuing visas as a matter of urgency.
Prior to a separate notification of the SCS, approval is carried out in accordance with the Instruction on the procedure for approval with the Security Service of Ukraine visas for foreigners and stateless persons by diplomatic missions and consular posts of Ukraine abroad in the country of their temporary or permanent residence (SBU and MFA order of 16.02.2012 № 67 / 45).
What is meant by the term “external service provider”, what are the requirements for concluding a contract with such organizations.
The definition of the term “external service provider” (so-called “visa centers”) is enshrined in the legislation of Ukraine for the first time. The Ministry of Foreign Affairs carries out work for the purpose of competitive selection of the company which under the terms of the contract will render corresponding services of ZSU in separate countries. The SCS will additionally inform the relevant ZSU about the involvement of external suppliers.
Is it allowed to accept copies of notarized invitations of individuals, copies of invitations of legal entities and copies of other invitations.
It is considered expedient to guide applicants on the need to provide the original of a notarized invitation of an individual. When interacting with legal entities and processing other documents should be based on the specific situation. The decision on the admissibility of a copy is made by an authorized person.
Which healthcare facilities are allowed to accept invitations to issue a C visa for medical treatment.
It is considered expedient to accept invitations from officially registered medical institutions in Ukraine.
What does the “humanitarian nature” of the trip mean?
The definition of this term is not fixed. It is considered possible to apply this rule in cases that are essential in human life (eg, death, treatment, emergency, etc.).
What to do if the applicant provides the original work permit for foreigners and stateless persons, as the Rules provide for the provision of a certified copy.
When the applicant grants the original permission, a copy should be left in the file, and the original should be returned to the applicant. In this case, it is not required to notarize the copy.
What is meant by “incorrect conduct of the applicant” during the application for a visa. According to paragraph 2, item 11 of the new Rules, the consideration of a visa application may be terminated in case of incorrect behavior of the applicant during the submission of documents. At the same time, the specified norm is not the basis for refusal in registration of the visa, according to item 28 of Rules. How will such cases be regulated after all? In particular, what is the procedure of the consul in case of such behavior of the applicants, how to make the relevant decisions?
The applicant’s conduct is considered incorrect if it does not comply with generally accepted rules of communication and etiquette.
In this case, the authorized person may decide to terminate the visa application of the applicant.
Formalization of such a decision is not envisaged, at the same time it can be carried out by an authorized person in any form.
Is the consular fee re-charged during the re-examination (in case of the first refusal) of the visa application?
The consular fee is charged for each review of a new visa application.
In case of a decision on a visa based on the results of consideration of the applicant’s appeal, in accordance with paragraph 30 of the Rules, the consular fee is not charged again.
How are visa deadlines calculated – from the date of receipt of documents, or from the next day.
The term of visa issuance in ZSU in an urgent / usual manner is up to 5/10 working days from the date of receipt of documents (including the issuance of a visa on the day of application).
Should the seal be affixed at the invitation of the legal entity?
The invitation of a legal entity is issued in accordance with the requirements of paragraphs. 1) item 7 of the Rules. It is not obligatory to affix the seal, at the same time it is allowed.
On March 23, 2017, the Verkhovna Rada adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Use of Seals by Legal Entities and Individual Entrepreneurs” which excludes the requirements for mandatory use of seals (regardless of their availability by business entities).
Is it necessary to check the information about the legal entity that issued the invitation in the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Associations?
The expediency of such inspection is determined by the authorized person.
Is it possible to apply for visas for citizens of certain countries without submitting invitations.
Such a possibility is not provided by the new Rules, at the same time, in case of entry into Ukraine of a foreigner and a stateless person in order to ensure interests in foreign and domestic policy or in cases of humanitarian nature, a short-term visa may also be issued by written decision of the head. a foreign diplomatic mission of Ukraine or the consular service department of the Ministry of Foreign Affairs.
In what currency is the visa fee charged at Ukrainian airports?
The fee is charged in non-cash form, payment is made by bank cards through the installed terminals.
Do I still need to obtain confirmation from the UDCMO for a student visa?
As of now, the algorithm of interaction of ZSU with UDCMO remains unchanged.
Do citizens of Ukraine who have issued a travel permit and do not have a registered place of residence in Ukraine have the right to invite foreigners?
Citizens of this category have the right to invite foreigners to Ukraine.
An invitation to a health care facility is a basis for obtaining a visa only for the purpose of treatment, or is it also possible for the purpose of, for example, passing the practice (training) of foreign doctors?
Healthcare facilities, as legal entities, can issue such invitations.
An interview using remote means is conducted with the permission of a consular officer, or can any applicant require the consul to be interviewed electronically?
The decision on the procedure of the interview is made by the authorized person, incl. based on technical capabilities.
Do state-owned enterprises and state medical institutions belong to the category of “state institutions”? (in the context of exemption from the need to approve visas for citizens of countries “migration risk” in the presence of invitations from such institutions).
Thus, state-owned enterprises and state medical institutions belong to state institutions.
What is the form of the mark on the refusal of the visa: “the visa was denied ______ (date)”? or “applied ______ (date)”? (paragraph 29 of the Rules).
Until a separate notification of the SCS, the form of the mark provided by the Instruction on the procedure for issuing visas to foreigners and stateless persons for entry into Ukraine and transit through its territory “, approved by the order of the Ministry of Foreign Affairs of 26.07.2011 №196.
How should a written decision of the head of ZSU on the issuance of a short-term visa, visa without the consent of the SBU or at a zero tariff rate be properly executed?
The decision is made by attaching a resolution to the visa application form or letter of application of the applicant or an official note of the authorized person addressed to the head of ZSU.
Ownership of which real estate can be the basis for a short-stay visa, in accordance with subparagraph 9 of paragraph 7 of the Rules?
Real estate includes, for example, an apartment, house, office space, etc.
If the pages in a foreigner’s passport expire or become invalid for other reasons (damage) and such a foreigner issues a new passport, leaving the previous one annulled, is the validity of the Ukrainian visa affixed in the old passport still valid? Can such a person cross the state border of Ukraine with two passports (invalid with a valid visa and valid). Is it possible to “transfer” a free ZSU visa from an invalid passport to a new one?
When crossing the state border of Ukraine and passing passport control, foreigners and stateless persons must provide a valid passport document with a valid visa.
The current legislation of Ukraine does not provide for the procedure of free “transfer” of a visa from one passport document to another.
Regarding invitations to enter Ukraine, issued by the State Migration Service.
From 16.04.2017, these invitations are not a basis for visas.
According to the LCA, the issuance of such invitations will last until April 14, 2017.
Given that the period of validity of invitations is 6 months, cases of appeals to the ZSU of applicants with such documents after 16.04.2017 are not excluded.
In this regard, it is recommended to inform applicants about the possibility of obtaining visas on the basis of invitations of individuals and legal entities, in accordance with paragraphs. 1), 2) item 7 of the Rules.