On 31 March 2015, the Cabinet of Ministers of Ukraine (hereinafter - the "CMU") adopted the amendments1 (hereinafter - the "Amendments") to the "Procedure to extend the period of stay and extend or reduce the period of temporary stay of foreigners and stateless persons within the territory of Ukraine", approved by Resolution of the CMU No.150 of 15 February 2012.
New period of stay
The Amendments state that foreigners and stateless persons who have legally entered the territory of Ukraine can stay temporarily:
- for the validity period of their visa (for foreigners that require a visa to enter Ukraine);
- for no more than 90 days in total during any 180-day period (for foreigners that are citizens of visa-free states), unless otherwise provided for by the international agreements of Ukraine (in particular, the agreements on visa-free travel of citizens);
- for the validity period of their visa, but no more than 90 days in total during any 180-day period (in the case if the entry visa was issued before 11 September 2011).
Therefore, foreigners and stateless persons that do not need a visa to enter Ukraine may stay in Ukraine for up to 90 days within any 180-day period.
Calculating the period of stay
Under the Amendments, the Ministry of Internal Affairs of Ukraine must further establish the procedure to calculate the period of stay of foreigners and stateless persons in Ukraine that do not need a visa to enter the territory of Ukraine.
Before the Amendments took effect the 180-day period within which a foreigner/stateless person was entitled to stay in Ukraine was counted from the date of the first entry into Ukraine.
According to the explanations of the representatives of the State Border Guard Service of Ukraine, now the 180-day period is counted retroactively each time a foreigner/stateless person leaves the territory of Ukraine starting from, and inclusive of, the day the foreigner/stateless person departs. In other words, a foreigner/stateless person is entitled to stay in Ukraine within this period of time, but for no more than 90 days.