The new Ukrainian Law on the Legal Status of Foreigners and Stateless Persons (the “Law”) was officially published on 25 October 2011 and will come into effect two months after the date of that publication.

The Law will significantly make easier the lives of foreigners (including stateless persons) working in Ukraine and also their family members. The latter will be expressly recognized as eligible for Ukrainian temporary residency permits; as such, they will be free to leave and return to Ukraine at any time as may be necessary.

Temporary residency permits (and the associated freedom to travel in and out of Ukraine at any time) will also be available to:

• foreign employees of representative offices (branches) of foreign commercial entities or banks;
• foreigners working for registered technical assistance projects;
• foreigners participating in activities of Ukrainian branches of foreign NGOs or of foreign religious organizations registered in Ukraine;
• foreigners working as volunteers under international agreements of Ukraine or special international programs, or working for registered Ukrainian volunteer organizations;
• foreigners who come to Ukraine pursuant to scientific, educational and cultural exchange programs;
• foreign journalists;
• foreign students;
• foreign spouses and close relatives of any of the above; and
• foreign spouses and close relatives of Ukrainian citizens.

As before the introduction of the Law, temporary residence permits will remain available also to foreigners who have obtained Ukrainian work permits.

The exact requirements for the issue of temporary residence permits vary with respect to each of the abovementioned categories of foreigners, but a visa invitation letter (in certain cases endorsed by a relevant Ukrainian authority) and a medical insurance policy are required for all of them.

The Law contains exhaustive lists of grounds for refusal of a visa or prohibition of entry, as well as grounds and a procedure for curtailing the allowed period of stay and for expulsion of foreigners from Ukraine. Among others, failure to abide by a decision of a court or administrative body, or failure to discharge obligations to Ukrainian entities, persons or authorities during a previous visit to Ukraine may be grounds for refusal of a visa or of entry.

Under the Law, foreigners may enter or stay in Ukraine or transit through Ukraine only if they can demonstrate that they have sufficient means for this or can legally obtain such means in Ukraine, once requested by the authorized Ukrainian officials. The sufficiency of means can be proven, among other things, by presenting cash, personal or travelers’ checks or similar bank documents, or by a guarantee letter form the inviting party. Presentation of a plastic credit/debit card is not sufficient unless supported by an account statement confirming the amount of available funds.

A foreigner’s exit from Ukraine may be forbidden if the foreigner is a suspect, indicted or convicted in a criminal case, or the foreigner’s exit is otherwise against the interests of national security. A foreigner’s exit may also be delayed by court if the foreigner has non-discharged material (property, monetary) liabilities to Ukrainian entities or persons.

Actions to Consider

The Law, in combination with the recent changes to the procedure for the issue of Ukrainian visas and a number of other relevant regulations, significantly changes the requirements as to the documents allowing a foreigner to enter and stay in Ukraine, and the procedure for obtaining visas. Therefore, all foreigners and their employers (or other inviting parties) should familiarize themselves with the new migration requirements and plan well ahead to allow sufficient time for obtaining (or renewal of) visas, temporary residency permits and/or other documents on the basis of which foreigners may stay in Ukraine.

Additional notes

This LEGAL ALERT is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases.