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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 12, 2023 No. 979

About introduction of amendments to some resolutions of the Cabinet of Ministers of Ukraine in connection with adoption of law of Ukraine "About modification of some legal acts of Ukraine concerning enhancement of the legislation in the field of migration"

The Cabinet of Ministers of Ukraine decides:

Bring in resolutions of the Cabinet of Ministers of Ukraine in connection with adoption of law of Ukraine "About modification of some legal acts of Ukraine concerning enhancement of the legislation in the field of migration" the enclosed changes.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 12, 2023 No. 979

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine in connection with adoption of law of Ukraine "About modification of some legal acts of Ukraine concerning enhancement of the legislation in the field of migration"

1. In the resolution of the Cabinet of Ministers of Ukraine of February 15, 2012 No. 150 "About approval of procedure for prolongation of term of stay and prolongation or reducing term of temporary stay of foreigners and stateless persons in the territory of Ukraine" (The Official Bulletin of Ukraine, 2012, No. 17, Art. 612; 2015, No. 28, Art. 805, No. 69, Art. 2261; 2016, No. 56, Art. 1942; 2020, No. 95, Art. 3074):

The name of the resolution to state 1) in the following edition:

"About approval of procedure for prolongation of term of stay and temporary residence, prolongation and reducing term of temporary stay of foreigners and stateless persons in the territory of Ukraine";

The word of "fourth" to replace 2) in introductory part of the resolution with the word "sixth";

Item 1 to state 3) in the following edition:

"1. Approve the Procedure for prolongation of term of stay and temporary residence, prolongation and reducing term of temporary stay of foreigners and stateless persons in the territory of Ukraine which is applied.";

The Procedure for prolongation of term of stay and prolongation or reducing term of temporary stay of foreigners and stateless persons in the territory of Ukraine approved by the specified resolution to state 4) in the following edition:

"No. 150 is approved by the Resolution of the Cabinet of Ministers of Ukraine of February 15, 2012

(in edition of the Resolution of the Cabinet of Ministers of Ukraine of September 12, 2023 No. 979)

Procedure for prolongation of term of stay and temporary residence, prolongation and reducing term of temporary stay of foreigners and stateless persons in the territory of Ukraine

1. This Procedure determines the procedure of prolongation of term of stay and temporary residence of foreigners and stateless persons in the territory of Ukraine or reducing term of temporary stay of foreigners and stateless persons in the territory of Ukraine.

2. Foreigners and stateless persons which legally arrived to Ukraine can temporarily be in its territory:

1) during the permission provided by the visa within visa effective period in case of entrance of stateless persons or foreigners who are citizens of the states with visa procedure for entrance if other term is not defined by international treaties of Ukraine;

2) no more than 90 days within 180 days in case of entrance of foreigners who are citizens of the states with visa-free procedure for entrance if other term is not defined by the legislation and international treaties of Ukraine. The procedure for calculation of the specified term is established by the Ministry of Internal Affairs.

3. The term of stay of foreigners and stateless persons to which in the presence of the bases of humanitarian character for ensuring protection of national interests or in connection with accomplishment of the international obligations by the Chairman of State frontier service or person fulfilling its duties permission to crossing of frontier is provided cannot exceed terms, the stipulated in Item 2 presents of the Procedure.

4. The term of stay of the foreigners and stateless persons who are temporarily in the territory of Ukraine (except persons who according to parts four and the fifth article 16 of the Law of Ukraine "About legal status of foreigners and stateless persons" are exempted from registration or are registered in the MFA and its representations), proceeds GMS, its territorial authorities in the presence of the reasonable bases (treatment, childbirth, care of the sick family member, forced stop in the territory of Ukraine in connection with force majeure, registration of inheritance, availability of the bases for registration of type on permanent or temporary residence, filing of application about receipt of permission to immigration or acquisition of citizenship of Ukraine, and also other circumstances excluding departure of the foreigner or stateless person) and on condition of submission of supporting documents - for existence of such bases.

5. The statement for prolongation of term of stay in the territory of Ukraine in form according to appendix 1 (further - the application) is submitted by personally full age capable foreigner or the stateless person or the legal representative of full age incapacitated person and the host party to territorial body / GMS territorial subdivision for the place of stay of the foreigner or the person without citizenship not later than three working days before the termination of fixed term of stay in the territory of Ukraine.

In case of giving by the foreigner or stateless person of the statement with violation of the terms established by paragraph one of this Item, but before the termination of fixed term of stay in the territory of Ukraine, the documents confirming availability of the bases excluding their departure from the territory of Ukraine are enclosed to the application.

In case of violation by the foreigner or stateless person of fixed term of stay in the territory of Ukraine the statement is accepted after involvement of the foreigner or the stateless person and the host party to the administrative responsibility.

6. For prolongation of term of stay in Ukraine together with the statement the following documents are filed:

1) the documents confirming availability of the bases for further stay in the territory of Ukraine;

2) the valid passport document of the foreigner (or passport documents - in case the foreigner has at the same time nationality (citizenship) of several states (multiple nationality) or the identity document without nationality;

3) passport (passport document) of the host party (physical person) or representative of the host party (legal entity);

4) the documents confirming availability of sufficient financial provision for covering of the expenses connected with stay of the foreigner or stateless person in Ukraine or the corresponding guarantees from the host party;

5) the document confirming payment of administrative collection, or the document on release from its payment.

The documents issued by competent authorities of foreign state submitted for prolongation of term of stay are subject to legalization in accordance with the established procedure if other is not provided by international treaties of Ukraine. Such documents are filed with the translation into state language certified notarially.

The foreigner or the stateless person in case of submission of documents for prolongation of term of stay show to the employee of territorial body / GMS territorial subdivision originals of the documents specified in subitems 1-5 of this Item.

Originals of the documents specified in subitems 1, 4 presents of Item, and the document confirming payment of administrative collection, and the copy of the documents specified in subitems 2 and 3 of this Item, and the document on exemption of administrative collection, the marks "According to the Original" certified by the employee of territorial body / GMS territorial subdivision by putting down and the signature with indication of its position, surname, initials and date are enclosed to the application.

Originals of the documents specified in subitems 2 and 3 of this Item and the document on exemption of administrative collection return to the foreigner or the stateless person.

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