D type visa to Ukraine: what to do if the duration ends?

D type visas, which should be obtained by a majority of foreign citizens in order to enter Ukraine for migration purposes, fall into the category of multiple entry and long-stay.

In practice, getting a visa to Ukraine means enjoying the right to stay in Ukraine for 90 days, for the purpose of obtaining a temporary or permanent residence permit, with the right to enter / leave the country an unlimited number of times. But even such favorable and flexible conditions are not always sufficient for foreign citizens to have time to prepare all the documents for further action.

In many cases, in regards to mainly the management of companies, foreigners do not have time to draw up documents, nor to come to Ukraine in general. That is why common questions are the consequences of non-issuance of certificates within the validity of visa D and the possibility / necessity of re-obtaining it.

Remember, such visas to Ukraine for foreigners can become your springboard for future business immigration, obtaining a residence permit and arranging your life in Ukraine.

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If the visa has expired

Assessing the possibility of obtaining a D visa, one should turn to the Resolution of the Cabinet of Ministers of Ukraine of March 1, 2017 at 118, which governs the rules for issuing visas, including the reasons for refusing to issue them.

Among the immediate reasons for refusing to issue a visa (primary or repeated) is not "not using a visa or not entering Ukraine after obtaining a visa." And this means that, in the absence of other reasons, this type of a visa can be obtained several times.

At the same time, until the need arises to obtain a new visa, other circumstances that are not directly related to the past visas,may change, for example

• your passport document has ended or is nearing its end;
• lack of pages in the passport;
• you have received a new passport, the details of which differ from the data in other documents that serve as the basis for obtaining a visa - for example, a permit for employment;
• the insurance policy has expired. 

Indeed, there was a showcase in our practice when an employee of a foreign company missed the deadline provided for entering enter Ukraine due to the shift method of labor organization. Our lawyers understood the matter and noted that it was possible to obtain a visa again, but to obtain it successfully, they needed to apply for new insurance, which is a mandatory element of obtaining a visa. That helped our Client to prepare documents in advance and to return to Ukraine without hindrance.

If the visa has not expired

According to the current legislation, in order to successfully obtain a residence permit, you need to submit a package of documents no later than 15 working days before the end of the visa. This means that having missed even 1 day, a foreigner will not be able to obtain the status of a temporary or permanent resident.

In this case, a foreign citizen may consider two plans of action:

• departure from Ukraine and obtaining a new visa
• extension of the stay.

The second option is less resource-intensive, but not suitable for all foreigners. Moreover, the procedure itself is simply not practical in some cases.

Indeed, in practice, we often run into situations where the founder of a Ukrainian company, who received a D visa under the permit for employment, does not have time to apply for a residence permit. In this case, it is possible to extend the period of their legal stay in Ukraine up to 1 month, if they can provide proof that they were on business trips or had other good reasons that did not allow him to submit a package of documents within 90 days.

If a visa is not required

Since for certain post-Soviet states, obtaining a D visa is not required by virtue of international treaties of Ukraine, the question arises of what should the foreigners who, by analogy with citizens of visa countries, have missed their 90 visa-free days for submitting documents do.

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If the legal period of your stay has not ended, you can leave the country for a period that will allow you to accumulate the necessary 15 working days and return.

If the foreigner has used the entire term or has exceeded it, they will need to abstain from entering Ukraine for 3 months, after which the foreigner will have a new 90 day period.

There is also the possibility of extending your stay. However, in practice, the need for such an extension is difficult to justify.

Related article: Helped sports club to organize an invitation for a trainer from the USA

Our company can help you in obtaining a work visa to Ukraine, understand the intricacies of registering a foreigner in Ukraine and help to understand how to get a visa to Ukraine without problems. If you have any questions, please contact our specialists.