Author Topic: Visa & Registration Questions - Ask Now or Forever Hold Your Peace  (Read 28888 times)

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Offline P-N

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After being granted a work permit in Ukraine I have to make a IM-1 visa application. After being granted visa I have to register at local OVIR. Is that the correct procedure? Do I need to register at ZHEK as well (form n.15)?

Yes you must have registration at both


One of the OVIR requirements (should be 17 documents if someone is interested I can post them) is to provide evidence of address in Ukraine.
This should be achieved with Zhek form n. 3 and a rental contract registered in Zhek. Is this information correct ? If an Ukrainian citizen (my girlfriend) wish that I stay in her apartment at no cost do I still need to provide a rental contract with 0 cost or is there another Zhek form ?

Form No 3 is obtained from the OVIR not the Zhek.  3 x passport photos are required.  It is a 2 page form, you need 2 copies, one for your retention and one to be held by the Zhek.  You need a copy of your girlfriends passport, go the Zhek with passports, completed form and photos, pay 20 UAH and the Zhek will put 2 stamps on the forms.  Take the stamped forms from the Zhek to the OVIR and leave your passport with the form with them for 48 hours and pay 200 UAH.  You are then registered with the Zhek and the OVIR at your girlfriend’s house.


Is that true that once I get my IM-1 Visa I need 2 different stamp from OVIR ? One stamp indicating the permission to live in Ukraine and another letting me go in and out from Ukraine during the validity of my IM-1 Visa ?

You do not need any stamps – the IM-1 Visa is sufficient.  When the visa expires and you wish to remain in Ukraine you can register with your OVIR and extend your stay by 3 months whilst you sort out your new visa.


At the time my IM-1 Visa/Work permit expires do I need do make the registration in OVIR again or do I just need to renew my work permit and visa ?

Yes you must.

A foreigner working in Ukraine is living in Ukraine under a temporary resident status ?

No.
« Last Edit: 16:26 25-Apr-2008 by Pompey-Nik »
"When surrounded by the dark void of the willfully blind, it does not excuse those that are a spark of light their duty to shine" - Me

Offline P-N

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Can a foreigner have more than one work permit (to work in different companies at the same time) or register as a private entrepreneur while working as employee in another company

You need only one work visa regardless of how many jobs you hold or how many companies you work for.


Based on Cabinet of Ministers Resolution #917 from July 11, 2007 an EU,US,Japan citizen wishing to work in Ukraine and stay in the country more than 180 days in a 1yr period has to apply for a IM-1 Visa or can simply register with OVIR ?

You must make registration with the OVIR.


The Cabinet of Ministers Instruction No. 892, dated September 12, 2005, extended work permits from one year to the tenure of employment for foreign citizens working in managerial or specialized positions in Ukraine and individuals providing services without their commercial presence in Ukraine. What is intended for specialized position ? CEO, CTO, CFO, Production control, Quality control, Technical supervision ? How an existing work permit can extended ?

I cannot answer that for you now – will have it in a few days as I do not want to provide inaccurate information.


Upon marriage because of the changes in the last 10 days, are you AUTOMATICALLY granted PERMANENT RESIDENCY STATUS or simply indefinite leave to remain in Ukraine?

You can come and go without visa restrictions and remain in Ukraine for as long as you wish without time limit.  It is not Permanent Resident Status until you have been married for 2 years and receive your Blue Card.  You then are officially a Permanent Resident when hold the Blue Card.



Has the OVIR designated the power of Foreigner registration via marriage to the Zag.  Is the stamp confirming marriage to a Ukraine national now also the stamp for Permanent Residency Status and recognised as such by OVIR, Immigration, Customs and the Militia?

No – The OVIR, Customs and Immigration will now recognise it as your right for visaless free travel and right to remain in Ukraine for as long as you wish.  There is no requirement for you to leave Ukraine at all should you want to remain here for 2 years and wait your Permanent Residency via the Blue Card.



If a foreign national marries a Ukrainian national must they first have an OVIR registered address and tax ID?

Registration is only required after marriage should you wish to remain more than 90 days in Ukraine.  You do not need a Tax ID number.
« Last Edit: 16:27 25-Apr-2008 by Pompey-Nik »
"When surrounded by the dark void of the willfully blind, it does not excuse those that are a spark of light their duty to shine" - Me

Offline P-N

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If not and this individual stays via marriage, how does Ukraine ensure they pay tax?

Ukraine cannot ensure anyone pays tax (Laughs)



If not what stops me getting off a plane, marrying a Ukraine national and disappearing from the OVIR radar when I could be a spy or terrorist?

Nothing can stop this it is a loophole and therefore possible at the moment.



Do those foreign nationals who have been married before the changes and already have the stamp of Ukrainian marriage automatically now have permanent resident status?

If married for more than 2 years yes, but they must go to their local OVIR and obtain their Blue Card.  If not married for 2 years they will obtain this status on reaching 2 years of marriage.


If not what status do they have as they can now stay automatically forever.

You have “Family Code Ukraine Status” from the date of your marriage until you get to 2 years when you automatically obtain Permanent Residency Status.


Does someone who has a stamp of marriage to a Ukraine citizen still require a work permit, business visa, private entrepreneur visa etc.etc. should they wish to work as they can now remain indefinitely?

Upon marriage to a Ukraine national, you no longer need a business visa or PE visa, or work permit if you are working for a registered Ukrainian company.  You must have a Tax ID and obtain a payment card to pay 250 UAH per month as a normal Ukraine would.  What you have left after this is your own money.  The tax code you need to register under to achieve this is private entrepreneur tax code with the Tax Police.  You as a foreigner are stupid to do it any other way.  If working for a foreign company you will require a Work Visa and Tax ID only.


With permanent residency they do not need these visa’s or work permits is that correct?

That is correct, you do not need them.



If I am married to a Ukrainian national and we have a child, but married less than 2 years am I automatically entitled to a “Blue Card”?

Yes you are automatically entitled to the Blue Card in this circumstance.  You must produce marriage certificate, birth certificate, passports of both parents and copies of the passports also, 4 x passport photos of the foreign national, complete the application for the Blue Card at the OVIR and pay 350 UAH.


well regarding the work permit I have been granted one without having any Visa in my passport. I applied for work permit during the 90 days period of my visa free travel and OVIR told me that now I have to go to Poland or another country to apply for a IM-1 visa. Later they will register me (after providing the list of documents below). I really don't know if it is the right procedure since my lawyer took care of everything. I called the Polish Consulate and they told me that to be granted the IM-1 visa they first need the Ukrainian work permit in original. Tomorrow we will know a little bit more

This is the list of documents required by local OVIR office (sorry it is in Ukrainian language) :
1. Заява-анкета встановленого зразка, підписана іноземним громадянином, а також з печаткою та підписом керівника підприємства, що клопоче про надання посвідки. Якщо іноземний громадянин, що клопоче про надання посвідки і є керівником підприємства, то за нього повинна клопотати інша особа, уповноважена діяти від імені підприємства.
2. Копія першої сторінки паспорта з нотаріально посвідченим перекладом.
3. Копія візи типу ІМ-І, що видається консульською установою України за кордоном на підставі Дозволу на працевлаштування і є одноразовою візою.
4. Нотаріально посвідчена копія дозволу на працевлаштування.
5. Копія особистого ідентифікаційного коду іноземця.
6. Нотаріально засвідчена копія свідоцтва про реєстрацію підприємства.
7. Нотаріально засвідчена копія довідки Управління статистики про реєстрацію підприємства як суб’єкта підприємницької діяльності.
8. Копія довідки банку про наявність рахунку.
9. Копія картки про реєстрацію підприємства в УГІРФО за місцем фактичного знаходження офісу підприємства.
10. Довідка про судимість з Міністерства внутрішніх справ України.
11. Довідки на СНІД та Туберкульоз.
12. Довідка форми №3 завірена в ЖЕК та заяви усіх членів сім’ї, що досягли 18 років про те, що вони не заперечують проти тимчасової реєстрації у їхній квартирі іноземного громадянина.
13. Договір про оренду квартири, зареєстрований у ЖЕК.
14. Копія страхового поліса (сертифікату) про надання екстреної медичної допомоги;
15. 6 чорно-білих фотокарток розміром 3*4 на матовій основі.
16. Квитанція про сплату держмита (6,12 грн.), послуг ВПР та МР(34,00 грн.).
17. Папка швидкозшивач та 4 конверти

Problem is that local Zhek doesn't even know what is it Dovidka form n. 3 and there is no way the get my rental contract registered with Zhek (I was not able to register in my own condo as well).
It is almost 4 months that I fight with the lack of information or misinformation (I'm quite habit to this since it is 3 years that I live and run business in Ukraine).

Form No 3 is obtained from the OVIR not the Zhek.  3 x passport photos are required.  It is a 2 page form, you need 2 copies, one for your retention and one to be held by the Zhek.  You need a copy of your girlfriends passport, go the Zhek with passports, completed form and photos, pay 20 UAH and the Zhek will put 2 stamps on the forms.  Take the stamped forms from the Zhek to the OVIR and leave your passport with the form with them for 48 hours and pay 200 UAH.  You are then registered with the Zhek and the OVIR at your girlfriend’s house.


As a foreigner, if for example I have a registered address in Odessa with the OVIR and then move with my company to Kyiv do I then have to register with Kyiv OVIR and find another address or will my registration in Odessa still keep me within the law?

Within the current system, your registration is required in Ukraine at an address should you wish to remain over 90 days.  There is no requirement which states you must re-register should you relocate to another Oblast.



I am British and my wife is Russian but we got married in Kyiv and therefore have this stamp in both our national passports.  Neither of us is therefore married to a Ukrainian citizen but have this stamp.  As it will be impossible to tell when going through customs who I am married to by looking at a stamp in my passport we could stay indefinitely without being married to a Ukraine?

This is Ukraine and we are in a learning curve with many changes.  The fact you have the stamp would entitle you to “Family Code Ukraine Status” for anybody looking at your passport, the same as someone married to a Ukrainian national.  It is a loophole.  I am not aware of 2 foreign nationals marrying in my Oblast.  (Took note to report this loophole internally)


Does the marriage stamp simply give you unlimited leave to remain in Ukraine until you have reached qualification for the “Blue Card” which then gives you Permanent Residency Status?

Yes


If this is the case, are work visa and business visa’s etc. still required until receipt of the Blue Card?

No, unless you are employed by a foreign firm when you will require a work visa only.


As a retired foreigner with Permanent Residency Status do I need a Tax ID number?


No

********************************************************************************************

That answers all that I was required to ask by people.  Hope it is now clear  :)






 
« Last Edit: 19:37 25-Apr-2008 by Pompey-Nik »
"When surrounded by the dark void of the willfully blind, it does not excuse those that are a spark of light their duty to shine" - Me

ecocks

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You Da' Man!

Carlusha

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We have already invited him to our next 35 parties!

Offline P-N

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Well, as much as the answers help individuals immediately, the most important part of the post is the origin of the changes and document reference.  Even a Ukrainian lawyer should be able to track it down now.  ::)
« Last Edit: 06:21 26-Apr-2008 by Pompey-Nik »
"When surrounded by the dark void of the willfully blind, it does not excuse those that are a spark of light their duty to shine" - Me

Offline BritKyiv

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This is great work by one smart expat living in Ukraine

The whole of the expat community in Ukraine owe Nik BIG TIME.
Makes me wonder how lawyers will interprete all this. We will see.

Moreover, I think this web site and the value of the contributions from people like Nik are among the best in Ukraine. For once we have a source of information that is better than all the foreign consular offices put together and all lawyers in Ukraine.

Well done Pompey Nik. You're the best.
I escaped. Now in Sunny Cyprus

Offline P-N

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It will be an on-going process, bi-monthly meetings probably, as I now have contacts at the top of the OVIR, Zag, Zhet and Work Visa Ministries here in Odessa. As Odessa does not set the rules or dictats whatever happens here "should" represent the whole of Ukraine.  As always, communication of anything new in Ukraine is poor but these people will try and keep us all up to speed as the changes happen.  :)  How hard it will be to convince the pencil pushing foot soldiers in your respective Oblasts that you know more than them is a different matter  ::).  For the Odessa Expat, as long as what you require is within the law then keeping you within the rules of our host nation will not be difficult.  :)

« Last Edit: 14:22 26-Apr-2008 by Pompey-Nik »
"When surrounded by the dark void of the willfully blind, it does not excuse those that are a spark of light their duty to shine" - Me

Offline Only Me

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I have been married to a Ukrainian Lady now for 6 years, we where married in the UK, I have no marriage stamp in my passport, can I get one and if so where do I get the stamp from, or can I apply directly for my blue card and if so where would I go
 ???

Offline P-N

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You would need to bring the original of your marriage certificate, your passport, her passport here and get it translated and "apostiled".  Then go to your local OVIR and sort it out from there.  The fact you have been married to a Ukraine national for this length of time will entitle you to the Blue Card under the current legislation.
"When surrounded by the dark void of the willfully blind, it does not excuse those that are a spark of light their duty to shine" - Me

Offline SilverBullet

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Nik, this is one of the best postings on this board! You are saving many a lot of grief and money by clarifying the rules. We will soon all have our Blue Cards  ;D THANKS! I guess local lawyers will still be able to make money on expats in real estate transactions unless you simply that process for us too  ;D
В чужо́й монасты́рь со свои́м уста́вом не хо́дят.
When in Rome, do as the Romans do.

Век живи́ — век учи́сь.
Live and learn.

Offline P-N

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Real Estate I can help you with too SB - my "core" business is construction after all and therefore I make sure I am up to speed on land and construction issues within my Oblast.  There will be small sifferences between Oblasts relating to certain "City Ordnance" but again the process is simple (once you cut through the mystique) and to be fair to Ukraine, they are trying to make it more swift at every opportunity.

When I first came, only certain "nominated" notary's could deal with land transaction within Odessa Oblast.  That changed this year and all notary's can now deal with land transactions.......the only people who will tell you it is not true is the old notary's who had the market cornered until you start to quote references to the changes at which point they will admit defeat.  :o ::)

If it would help, I can post a "beginners guide" to property/land aquisition/construction/insurance regulations/technical passports/documentation required to buy, sell, change land boundaries etc. on another thread sometime.

Will even scan the documents if necessary so you know what you should and shouldn't have, what you get from whom and where to get them if you don't have them.  :)
"When surrounded by the dark void of the willfully blind, it does not excuse those that are a spark of light their duty to shine" - Me

Offline matlockk

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Great work Nik. I learned more from this post than talking to my HR people for the last 6 months! Of particular interest to me was the Brit married to Russian as it is I. But, my stamp is slightly different to the one that was scanned and copied into a thread.

Offline matlockk

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Another question which I wasn't clear on from the answers. I have a single entry IM-1 visa which expires in November. Soon, I will have done the registration bit. When the IM-1 expires do I have to go through the whole mullarkey again- travel to Uk for visa, fill in the 17 forms etc etc.

I've told the Russki missus I'm chucking her for a Ukrainka! Though she was born in Lugansk!

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Real Estate I can help you with too SB - my "core" business is construction after all and therefore I make sure I am up to speed on land and construction issues within my Oblast.  There will be small sifferences between Oblasts relating to certain "City Ordnance" but again the process is simple (once you cut through the mystique) and to be fair to Ukraine, they are trying to make it more swift at every opportunity.

When I first came, only certain "nominated" notary's could deal with land transaction within Odessa Oblast.  That changed this year and all notary's can now deal with land transactions.......the only people who will tell you it is not true is the old notary's who had the market cornered until you start to quote references to the changes at which point they will admit defeat.  :o ::)

If it would help, I can post a "beginners guide" to property/land aquisition/construction/insurance regulations/technical passports/documentation required to buy, sell, change land boundaries etc. on another thread sometime.

Will even scan the documents if necessary so you know what you should and shouldn't have, what you get from whom and where to get them if you don't have them.  :)

Well dear colleague  ;)

I think Real Estate in Ukraine is not a simple process at all, especially for a foreigner. I have seen many many people (foreigners) loosing all their money here. Even big international companies with huge investments cant do a lot in this country. This is a close businness. Of course there are some pretty opportunities but if somebody becomes too big .....

I do appreciate a lot your optimism regarding the authorities and law and.... but sometimes i feel like we live in 2 different countries or world. Maybe is time for me to move to Odessa  :).