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Оформление загранпаспортов, гражданства, временной регистраций, вид на жительство / МИГРАЦИОННЫЙ КОНСАЛТИНГ / Статьи

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VISA UKRAINE

Ukrainian employers, employing a foreigner, seeking to introduce advanced international standards organization work and to raise the competitiveness of the company.

In Ukraine the number of foreign workers is steadily growing, as evidenced, in particular, data of the Kyiv city employment centre on the dynamics of increasing the number of work permits issued in the course of 2007.

General provisions the Concept of «the foreigner» and «stateless person» is identical to determine the law of Ukraine «On legal status of foreigners and stateless persons» dated February 4, 1994. No. 3929-XII and the law of Ukraine «On citizenship of Ukraine» dated 18 January 2001. no 2235-III, in accordance with which «the foreigner» - a person who is not a citizen of Ukraine and is a citizen (subject) of another state or States, as «a person without citizenship - the person, which not a single state in accordance with its national law does not consider its national.
So, a foreigner or a stateless person is any person who is not a citizen of Ukraine (hereinafter - the foreigner).
The concept of «foreigner» is not to be confused with the notion of a «non-resident», which the law defines as physical persons (foreign citizens, citizens of Ukraine, persons without citizenship), who have permanent residence outside Ukraine, including those who temporarily reside on the territory of Ukraine.

The procedure of registration of the Foundation of stay of foreigners in Ukraine determines, in particular, decree of the Cabinet of Ministers of Ukraine dated 29 December 1999. № 1074 (further - the resolution).

According to the decree of foreigners, except for a this document, the circle of persons, at the entrance to Ukraine must pass the procedure of registration of the passport document (hereinafter - the register).
The term for which the registration is performed (duration of stay of the foreigner in Ukraine), defined item. 19 decree, that till July 11, 2007, was stated in the following wording: «...the Registration is for a period of a short-term stay for foreigners and persons without citizenship from countries with a visa regime for the period of visa's validity, but no more than 6 months, for foreigners and persons without citizenship from countries with visa-free entry regime at 90 days, if other term is not specified in the international agreements...».
The regime of the stay of foreigners in Ukraine «no more than 90 calendar days between the entrance and exit» was attractive and acceptable to foreign workers.

Most of the foreigners who worked in Ukraine on the basis of a work permit, moved from Ukraine not less than once in 90 days, thereby violating the customs legislation and needing no further registration with the relevant state bodies.
on July 11, 2007, the resolution was amended by the resolution of the Cabinet of Ministers № 917, in accordance with that paragraph. 19 was stated in the following wording: «Registration is carried out for the period of short-term stay for foreigners and persons without citizenship from countries with a visa regime for the period of visa's validity, but no more than 90 days, if other term is not determined by international agreements; foreigners and persons without citizenship from countries with visa-free entry regime - for a period of not more than 90 days within 180 days, if other term is not determined by international agreements».
That is convenient and intuitive for foreigners, the order of entry and duration of stay in Ukraine on July 11, 2007, with the aim of combating illegal migration was changed to the new, restrictive conditions of stay.
Foreigners from the countries with visa-free regime (as most of them foreigners, arriving in Ukraine) may, in the aggregate, regardless of the duration of each of the visits, stay in Ukraine not exceeding 90 days within half a year.
This innovation inconvenient especially for foreigners, the purpose of arrival in Ukraine with the purpose of which is the employment and business. The Ministry of foreign Affairs against!
For today the decision of the Cabinet of Ministers dated July 11, 2007. no 917 suspended the letter of the foreign Ministry of Ukraine dated August 2, 2007. No.71/cat/14-563 for an indefinite period.

In practice, continues to act n. 19 of the amended up to July 11, 2007. and the date of the application of the current version of the said paragraph of the resolution is not defined.

Foreigners from the countries with visa-free regime, who wish to stay in Ukraine more than 90 days within half a year after the beginning of the decision of the Cabinet of Ministers of Ukraine dated July 11, 2007. no 917 can choose one of three possible variants of continuation of their stay in Ukraine.
The extension of the registration validity period.
The first version of the continuation of the stay in Ukraine is the extension of the registration validity period by putting in the passport of the stamp, which shall be sealed with the seal of the registration, and entering information about the foreigner and his passport data in the relevant records.
The alien's stay in Ukraine may be extended for the entire period of existence of the circumstances of his arrival in Ukraine (the validity of the work permit).
For prolongation of term of stay in Ukraine in connection with the obtaining of a permit for employment among the list of documents, which are submitted to the appropriate territorial subdivision of the State Department on Affairs of citizenship, immigration and registration of physical persons (Department), the most important are the following:
- A document confirming the fact of registration in the Department of the receiving party. Accept foreigners may be registered in the Department of legal entities and physical persons, who permanently reside or temporarily stay in Ukraine.
The best option is a combination of a legal entity-employer and the host in one person. Registration of the legal person in the Department does not impose on the employer no debt, however, since the adoption of a foreigner (continued period of stay in Ukraine, receive a temporary residence) of the employer acquires the status of the host, and in the case of expulsion of a foreigner from Ukraine is obliged to reimburse the Department of the costs of such expulsion.

A copy of the contract of lease of housing foreigner, certified by the relevant individual, or if the premises in which a foreigner who belongs to a legal person-the employer - the document, confirming the right of ownership of the legal person in the room.

In accordance with the law of Ukraine «About the tax from incomes of physical persons» using the housing provided by the taxpayer in the free use of his employer, is the income received by a taxpayer (foreigner) from his employer (host party) as an additional benefit, unless the provision of such housing to the employee-foreigner stipulated by an employment agreement (contract) between the foreigner and his employer. Therefore, in the case of residence of foreigners in housing belonging to his employer, should be included in the employment agreement (contract) the obligation of the employer to give the employee in the free of charge use of accommodation for the duration of the contract. It is a common in our time is to rent housing, on which the lessee (a foreigner), and the landlord are individuals. In this case, the optimal variant of the legal status of the lessor is a natural person-entrepreneur, which is located on the simplified system of taxation, accounting and reporting, and the certificate of payment a single tax which the specified kind of activity «lease of real estate» (the method of taxation of income from the lease of immovable property saves money of the lessor in case, if the price of the contract of lease exceeds 1335 UAH.).
If the landlord is an individual, which is not a subject of entrepreneurial activity, or is the subject of entrepreneurial activity, which is located on the common system of taxation, accounting and reporting or an individual entrepreneur, which is located on the simplified system of taxation, accounting and reporting, however the certificate of payment a single tax which there is no activity «lease of real estate», that the income of the lessor from the lease of the property must be withheld and remitted to the budget of the tax on incomes of physical persons at the rate of 15%, therefore, the amount of actual income of the lessor is reduced by 15%.

The disadvantage of this way of extension of stay in Ukraine is the termination of the period for which the foreigner was extended stay in Ukraine in the case of the first crossing of the border, that is «the continuation of the period of stay in Ukraine» - the best option for workers who do not intend to leave its territory within the period of validity of a work permit.

View of the temporary residence.
The second version of the continuation of the stay in Ukraine is a residence for temporary residence in Ukraine.
This certificate is issued for the duration of the work permit. The list of documents submitted to the Department to receive a temporary residence, a little wider, than for the previous version.
The advantage of the residence temporary residence is an opportunity for the alien to cross the border of Ukraine within the period of validity of the specified type.
Getting a temporary residence provides for a temporary (for the period of its validity) alien registration at the address specified in the lease contract.
For obtaining of a temporary residence during the time of the conclusion of the contract of lease of the need to take account not only of recommendations regarding the lease agreement in case of extension of period of stay in Ukraine, the lessor must agree to register the foreigner for the period of validity of a temporary residence permit (up to 1 year) to the address of the residential premises indicated in the lease contract.


Getting a temporary residence provides for a temporary (for the period of its validity) alien registration at the address specified in the lease contract.
For obtaining of a temporary residence during the time of the conclusion of the contract of lease of the need to take account not only of recommendations regarding the lease agreement in case of extension of period of stay in Ukraine, the lessor must agree to register the foreigner for the period of validity of a temporary residence permit (up to 1 year) to the address of the residential premises indicated in the lease contract.

Most landlords usually refuse to register the foreigners, even for a well-defined term, although any risks lessor in connection with such registration shall not be.

A permanent residence permit.
The most recent version of the continuation of the stay in Ukraine is reception of residence.
An alien who has received such a view, has all the rights of a citizen of Ukraine, except voting rights and the rights of membership in political parties, in particular, may enter into an employment relationship with their employer without a work permit and freely cross the border and stay in Ukraine an unlimited period of time.
The legislation establishes an exhaustive list of the grounds for the receipt of the species.
It can get, in particular, the person formerly consisting in citizenship of Ukraine, of the person,
the foreign investment into the economy of Ukraine in an amount not less than $ 100 000.

The person, who has received a permanent residence permit, as a person who obtained the permit for temporary residence shall, within 10-day term from the moment of obtaining of register at the place of residence, however, the registration is carried out for an unlimited period of time.
The best option for a foreigner, who has a desire to continuously operate in Ukraine, is getting a permanent residence permit, however, given the limited grounds of its provision, the majority of foreign employees get such a certificate may not.
Today, when the previous mode of stay of foreigners in Ukraine the resolution of the Cabinet of Ministers cancelled, however, on the basis of the letter of the MFA of its action continues, and the date of entry into force of the new regime is not yet known, the most negative aspect is the fact that the time frame of 90 days of stay of the foreigner in Ukraine is still not installed.
In this situation it is recommended to legal entities-employers register in the Department, you have to get all the reasons to prompt the status of the host. This will give opportunity in case of the entry into force of the new regime in the shortest possible time to get to the employee-the foreigner's view of the temporary residence.


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