IMPACT – MEDIUM

What is the change? Ukraine has implemented new rules that aim to streamline visa applications and processing.

What does the change mean? Among the changes, visas on arrival have been expanded to 33 countries, requirements have been reduced for short-term business visas and an electronic application process has been introduced for single-entry business/tourist visas for stays of up to 30 days.

  • Implementation time frame: Immediate. The law took effect April 16.
  • Visas/permits affected: C visas, D visas, visas on arrival.
  • Who is affected: Foreign nationals traveling to Ukraine. 
  • Impact on processing times: Visas will be processed in 10 business under standard time frames and five business days for expedited service.
  • Business impact: Several provisions ease the requirements for business travelers.

Background: The key changes introduced by the new visa rules include:

  • Short-term business visa applicants are no longer required to request an invitation letter by the State Migration Service. Instead, applicants need only submit a formal written application from a legal entity or resident of Ukraine (or, in the case of private visas, a notarized application from an individual host).
  • Long-term D visas will be valid for multiple entries for 90 days total.
  • Business and tourist visa applicants may apply online for single-entry visas for up to 30 days.
  • Visa applications submitted to Ukrainian consulates should first go through preregistration on the Ministry of Foreign Affairs website form. Nationals of certain countries may be asked to apply in person. Visa interviews may be conducted remotely.
  • Government visa fees of US$65 will apply for visas issued by Ukrainian consulates and 2,550 hryvnia (about US$96) for visas issued upon entry.
  • Foreign nationals are eligible for short-term C visas if they own real estate in Ukraine.
  • Nationals of the following countries are eligible for visas upon arrival for business or tourism:
Australia Indonesia Palau
Antigua and Barbuda Qatar Peru
Bahamas China Samoa
Barbados Kuwait El Salvador
Bahrain Mauritius Saudi Arabia
Vanuatu Malaysia Seychelles
Guatemala Mexico Saint Vincent and the Grenadines
Honduras Micronesia Singapore
Grenada New Zealand East Timor
Dominica UAE Trinidad and Tobago
India Oman Tuvalu

BAL Analysis: The changes should facilitate business travel, particularly for short trips and for nationals of the 33 countries who may travel without a visa and apply at the border.

This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com

IMPACT – MEDIUM

What is the change? The EU Parliament has approved allowing Ukraine nationals visa-free trips to the Schengen Area for up to 90 days within a 180-day period.

What does the change mean? The measure must be approved by EU member states and is expected to take effect in June.

  • Implementation time frame: Estimated June 2017.
  • Visas/permits affected: Visa waiver.
  • Who is affected: Ukrainian nationals traveling to Schengen member countries.  
  • Business impact: The visa waiver will eliminate visa processing and will facilitate business travel for Ukrainians.
  • Next steps: Once the waiver is implemented, Ukrainians will be required to hold a biometric passport to avail themselves of the visa exemption.

Background: The measure allows Ukrainians to travel without a visa to the Schengen Area for up to 90 days in a 180-day period for business, tourism or family visits, but not for work. In April 2016, the European Commission recommended adding Ukraine to the list of nationals eligible for the Schengen visa waiver after determining that Ukraine had met key benchmarks on legal and political reforms. Negotiations over the visa waiver have been ongoing since 2008.

The EU also recently implemented visa-free travel for nationals of Georgia, but strengthened the mechanism for the EU to suspend visa waivers and re-impose visas in certain circumstances.

BAL Analysis: The waiver will benefit Ukrainians traveling to the EU (excluding Ireland and the U.K.) and ease consular visa processing. German consulates in particular receive a high volume of visa applications from Ukrainian nationals. Ukrainian nationals should anticipate high demand for biometric passports and apply early. Travelers are reminded that a 90-day stay is calculated within a rolling 180-day period and, if not counted properly, can lead to overstays.

This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.

Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

 

IMPACT – MEDIUM

What is the change? The Czech Republic has taken steps to make it easier for highly qualified Ukrainian nationals to apply for employee cards to work in the Czech Republic.

What does the change mean? Highly qualified Ukrainian nationals can apply for Czech Republic Employee Cards in person at either the Czech Embassy in Kiev or the Czech Consulate in Lviv. Until this week, it had been almost impossible for Ukrainian nationals to obtain the cards due to extreme difficulty in booking online appointments via the Czech Republic’s electronic VISAPOINT system.

  • Implementation time frame: The Czech government approved the new arrangement Nov. 9, and it took effect immediately.
  • Visas/permits affected: Employee cards.
  • Who is affected: Highly qualified Ukrainian nationals applying for employee cards in the Czech Republic. Ukrainian nationals qualify as highly qualified if they have a post-secondary degree and earn at least 38,529 Czech koruna (about US$1,540) per month.
  • Business impact: The change will significantly benefit a number of multinational companies operating in the Czech Republic, particularly those in the IT sector.
  • Next steps: Highly qualified Ukrainian nationals can now apply in person for employee cards at either the Czech Embassy in Kiev or the Czech Consulate in Lviv.

Background: Employee cards function as a joint work and residence permit for foreign nationals who wish to stay in the country for longer than three months in order to work.

In the past year, it became increasingly difficult for Ukrainian nationals to book the appointments to obtain employee cards through the VISAPOINT system because groups in the Ukraine would book appointments online as soon as they were available and subsequently sell the appointments to Ukrainians looking to work in the Czech Republic. This caused problems for many multinational companies operating in the Czech Republic, particularly those in the IT sector, as they traditionally relied on highly qualified Ukrainian nationals to help meet labor demands.

The recent change will allow highly qualified Ukrainians to bypass VISAPOINT and apply for Czech Republic Employee Cards in person.

BAL Analysis: The change is welcome news to the Czech business community, particularly its IT sector, where it has become imperative to hire a highly qualified workforce.

This alert has been provided by the BAL Global Practice group and our network provider located in the Czech Republic. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? The Ministry of Economic Development has suspended processing of accreditation cards for Russian nationals who are invited to work in a foreign company’s Ukrainian representative office. The suspension is also in effect for foreigners of any nationality who are sent by a Russian company to work at a Ukraine branch office.

What does the change mean? These applications are currently on hold until further notice.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: Accreditation cards.
  • Who is affected: Any Russian national invited to work in a Ukraine branch of a foreign company; any non-Ukrainian national invited to work at a Ukraine-based representative office of a Russian company.
  • Impact on processing times: Processing is suspended.
  • Business impact: The suspension will disrupt business for any company sending Russian assignees to a Ukrainian affiliate, as well as for Ukraine-based representative offices of Russian companies, but so far it does not affect work permit processing.

Background: The Ministry has said that it has stopped processing any accreditation card applications involving Russian citizens sent to work in a Ukraine office regardless of the parent company’s country and Ukrainian representative offices of Russian companies. The Ministry said it was following verbal instructions from authorities.

BAL Analysis: Because of the conflict in Ukraine, employers should expect sudden changes to policies regarding Russian nationals. BAL is following these developments and will update clients with any changes.

This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? Effective immediately, Ukraine has made several changes to work permit procedures that shorten processing times and improve the overall process for applicants.

What does the change mean? Employers will benefit from seven-day processing of work permits, a longer deadline for filing renewal applications and simplified procedures for top foreign graduates and technology workers, but they face a shorter deadline for paying the state fee for work permits.

  • Implementation timeframe: Feb. 11.
  • Visas/permits affected: Work permits.
  • Who is affected: Companies applying for work permits; foreign workers in the information technology sector; those with degrees from top schools; those in the process of obtaining the status of refugee or persons requiring additional support.
  • Impact on processing times: Processing of work permits has been reduced from 15 calendar days to seven business days.
  • Business impact: The changes should significantly streamline processing and make it easier to send foreign employees to Ukraine.

Background: Ukraine’s Cabinet of Ministers passed the regulations Jan. 28 and they took effect Feb. 11. The main changes are:

Work Permit Applications – A new application form has been introduced.

Faster processing – Applications will be processed in seven business days. Decisions will be sent by email and registered mail, and documents will be returned to applicants who are denied work permits.

Shorter deadline to pay state fee – The deadline for paying the state duty on work permit issuance has been shortened from 30 calendar days to 10 working days from receipt of the decision. If the state fee is not paid on time, the approval will be rescinded and the work permit will not be issued.

More time to file extensions – Work permit extension applications may be filed until 20 days before expiration of the current permit. (Previously, they had to be filed 30 days prior).

Employment contracts – Employment contracts may be submitted to the employment authority within seven business days (instead of three) from their execution.

IT sector and top graduates – Foreign employees in the information technology sector and foreign employees who have graduated from a list of the Top 100 educational institutions will benefit from simplified work permit procedures.

BAL Analysis: The new rules should significantly improve the process, but employers should note the new, shorter deadline for paying the state duty on work permits.

This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – MEDIUM

What is the change? Ukraine will suspend travel for all Russian citizens who hold only domestic identification known as internal passports as well as for Russian children under 14 who hold only birth certificates.

What does the change mean? All Russian nationals, including children, must hold international passports to enter Ukraine.

  • Implementation timeframe:The official implementation date is March 1, but border officials could begin to carry it out immediately on their own.
  • Visas/permits affected:Internal passports; birth certificates for children under 14.
  • Who is affected:Russian nationals traveling to or from Ukraine, including those currently in Ukraine.
  • Business impact:Russian nationals accustomed to traveling to Ukraine with only domestic (internal) passports may be refused entry at Ukraine’s borders.
  • Next steps:Russian employees and assignees in Ukraine or planning to travel to Ukraine should only do so with a Russian international passport, not domestic (internal) passports.

Background: A bilateral treaty allows travel between the two countries using domestic passports (for all Russian citizens) and birth certificates (for Russian children under 14). On Jan. 30, Ukraine’s prime minister, Arseniy Yatsenyuk, signed a resolution suspending that provision, announcing that the restriction would increase border security and reciprocate Russian President Vladimir Putin’s request for Ukrainian citizens to use only international passports when crossing the border.

Fighting between Ukrainian forces and pro-Russian rebels in eastern Ukraine has recently surged despite a September ceasefire in a conflict that began last April, following the ouster of Ukraine’s president. More than 5,300 people have been killed and more than one million displaced, according to new United Nations statistics.

Travelers holding diplomatic and official passports are not affected by the new restrictions.

BAL Analysis: While the official implementation date is March 1, Russian citizens should expect that border officials may enforce the travel restrictions at any time.

This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – LOW

What is the change? The Council of the European Union has launched the second phase of visa liberalization with Ukraine.

What does the change mean? If adopted, the regime will allow visa-free travel between Ukraine and EU states.

  • Implementation timeframe: Adoption is anticipated within the next year.
  • Visas/permits affected: Business and tourist visas.
  • Who is affected: Nationals of Ukraine and EU countries.
  • Impact on processing times: None.
  • Business impact: The regime would facilitate business travel.
  • Next steps: The Council of the European Union will continue to monitor Ukraine’s implementation of rules put in place for the visa liberalization.

Background: On May 27, the Commission issued a progress report concluding that Ukraine had accomplished the first phase of a visa liberalization plan that began in 2008. The report found that Ukraine had put in place the necessary legal and institutional framework, such as document security and controls on illegal immigration. In the second phase, the Commission will be checking to make sure that Ukraine is implementing those laws and procedures, including the issuance of biometric passports.

BAL Analysis: Visa-free travel between Ukraine and EU states will boost business travel by making it faster and cheaper through the elimination of normal visa procedures.

This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – HIGH

What is the change? The hotline of the State Border Guard Service of Ukraine has confirmed that Ukraine has imposed dramatic new restrictions barring entry to most Russian men.

What does the change mean? Male Russian nationals between the ages of 16 and 60, and male Ukrainian nationals between 16 and 60, who are registered in Crimea will not be allowed entry if traveling without their families unless they have close relatives in Ukraine or invitations from businesses or individuals.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: All visas and permits.
  • Who is affected: Male Russian nationals and male Ukrainians registered in Crimea who are between the ages of 16 and 60. Note that Russian nationals who hold valid temporary residence permits or permanent residence permits for Ukraine should not be affected.
  • Business impact: Significant impact on companies with Russian employees and assignees in Ukraine and Russian business travelers.
  • Next steps: Affectedbusinesses andtravelers should be prepared for sudden changes in entry requirements between Russia and Ukraine as the conflict continues.

Background: Ukraine has said it imposed the entry restrictions on Russian men based on a terror threat. Since the February regime change in Ukraine and Russia’s annexation of Crimea, the two countries have mutually tightened entry requirements without necessarily announcing an official policy change.

Ukraine’s State Border Guard Service has confirmed verbally the general entry ban on Russian men. Exceptions will be made for emergencies at the discretion of the head of the regional border control, if a traveler shows documents proving they have family living in Ukraine or are visiting sick or recently deceased relatives, or if they have a certified letter of invitation from a Ukrainian firm or individual Ukrainian citizen. Ukrainian males aged 16 to 60 who are registered in Crimea and the city of Sevastopol will also be restricted from entry, unless they are traveling to the funeral of a close relative or show airline tickets departing Ukraine or hotel vouchers for their stay. In addition, Crimean women aged 20 to 35 will only be allowed entry after they pass “filtering and verification checks.”

Ukraine immigration authorities have stated that Russians with temporary residency permits or permanent residence permits in Ukraine should not be affected by the new regulation.

BAL Analysis: The situation in Ukraine is in flux and businesses should expect changes to entry rules involving Russian nationals.

This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT – LOW

What are the changes? Deepening political unrest in Ukraine has caused some unannounced closures of government offices.

What does the change mean? There have been delays in the processing of immigration applications.

  • Implementation timeframe: Ongoing.
  • Visas/permits affected: Work permits and other immigration services.
  • Who is affected: Companies applying for immigration services at government ministries.
  • Impact on processing times: Delays.
  • Business impact: Businesses should anticipate unexpected delays due to current events in Ukraine.

Background: In November, then-President Viktor Yanukovych backed out of an agreement with the European Union that would have set the country on a path toward stronger economic and political ties with Europe. The move, seen as an acquiescence to Russia, sparked demonstrations in cities across the country as well as violent clashes with riot police that killed approximately 80 protestors.

On Feb. 22, Yanukovych was ousted and is currently on the run, while Parliament has begun naming an interim unity government. Elections are scheduled for May 25. Last week, the unrest forced the Immigration Ministry to close unexpectedly, and this has added to processing delays.

BAL Analysis: The political climate is day-to-day and changing rapidly. Operations are currently reported to be normal at labor and immigration offices in Kiev and at the Ministry of Economic Development, which issues accreditation cards to foreign employees. However, businesses should prepare for some unpredictability if unannounced closures recur. BAL is following the events and will update clients on any changes to processing times or other disruptions.

This alert has been provided by the BAL Global Practice group and our network provider located in Ukraine. For additional information, please contact your BAL attorney.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.