Order of the Ministry of Internal Affairs No. 363 of April 25, 2012 “On approval of the Procedure for considering applications of foreigners and stateless persons to extend the period of stay on the territory of Ukraine”

MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

ORDER

25.04.2012 № 363

Registered with the Ministry

of Justice of Ukraine on

May 16, 2012 under No. 778/21091

On the approval of the Review Procedure statement, foreigners and stateless persons on the extension of their stay in the territory of Ukraine

{Are changes made _ according to the Order of the Ministry of Internal Affairs

No. 1085 dated 26.11.2012 }

According to the clause 8 Procedure for extending the period of stay and extension or reduction of the brief term stay foreigners and stateless persons in the territory of Ukraine, approved by resolution Cabinet Ministers of Ukraine dated February 15, 2012 No. 150, I ORDER:

1. Approve Review procedure statement foreigners and stateless persons on the extension of their stay in the territory of Ukraine, that is added

2. State mobile service of Ukraine (M.M. Kovalchuk) to organize study this In order personnel, to the powers which include work on the extension of stay foreigners and stateless persons, and provide steadfast compliance his requirements.

3. State mobile service of Ukraine (M.M. Kovalchuk) within five days after signature of this order to ensure his submission to the state registration with the Ministry of Justice of Ukraine.

4. Recognize that _ lost validity, the order of the Ministry of Internal Affairs of August 23, 2011 No. 601 "On approval of the Procedure for considering appeals of continuation term stay in Ukraine of foreigners and stateless persons," registered in the Ministry of Justice of Ukraine on September 20, 2011, under No. 1112/19850.

5. Implementation control to put this order on the Head of the State migration services of Ukraine Kovalchuk M.M.

6. Send this order properly.

7. This order is dialing effective from its day of official publishing.

Minister General of the Internal Service of Ukraine	V.Yu. Zakharchenko
AGREED:   First Deputy Head of the Service safety Minister of Ukraine    of Foreign Affairs of Ukraine,   Head of the State border services of Ukraine	P. Shatkovsky   K.I. Hryshchenko   M.M. Lytvyn

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	APPROVED Order of the Ministry of Internal Affairs of Ukraine dated April 25, 2012, No. 363
	Registered with the Ministry of Justice of Ukraine on May 16, 2012 under No. 778/21091

PROCEDURE

of consideration statement foreigners and stateless persons on the extension of their stay in the territory of Ukraine

1. This Procedure defines the review procedure application for extension of stay in the territory of Ukraine of foreigners and stateless persons, passports documents or documents that _ confirm a stateless person who registered an official of the State Border Service, and the host their parties, as well as acceptance based on their results consideration decisions.

2. This Procedure has been developed according to requirements of Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons," Cabinet Resolution Ministers of Ukraine from February 15, 2012 No. 150 "On approval of the Procedure for extending the period of stay and extension or reduction of the temporary term stay foreigners and stateless persons in the territory of Ukraine " and from June 1, 2011 No. 567 "On approval of the Registration Rules visa for entry into Ukraine and transit through its territory."

3. Application for extension of stay in the territory of Ukraine served a foreigner and a stateless person and host their side not earlier than in ten and no later than for three workers days before the end of the specified period of stay paragraph 2 of the Procedure for extending the period of stay and extension or reduction of the brief term stay foreigners and stateless persons in the territory of Ukraine, approved by resolution Cabinet Ministers of Ukraine dated February 15, 2012 No. 150 (from now on - Procedure for extending the period of stay ).

4. Decision of extension of stay foreigners and stateless persons _ accept :

4.1. Head ( or his deputies) State migration services of Ukraine ( further - DMS) - regarding everyone foreigners and stateless persons _ regardless of the established mutual regime trips citizens, length of stay in Ukraine, the purpose of the trip and destination their residence in Ukraine.

4.2. Chiefs ( or their deputies) territorial bodies or territorial subdivisions of the DMS ( further - territorial bodies or subdivisions of the DMS) - about foreigners and stateless persons who _ _ are on the territory administrative service, taking into account requirements points 6 and 7 of the Procedure for extending the period of stay.

5. In case the receiving party is an individual, from foreigners and stateless persons for consideration _ applications for extending the period of stay in the territory are accepted by Ukraine in the form according to Appendix 1, in the case if the receiving party is a legal entity - according to the state by Appendix 2, to which a document is attached, that confirms availability substantiated reasons for extending the period of stay, and the prescribed documents Clause 9 of the Procedure for Extending the Term of Stay.

In case of a repeated application for an extension of stay, copies of pages of a foreigner's passport document or a document that certifies a person without citizenship with personal documents data are submitted without their translation into the Ukrainian language ( provided, if the specified document did not change was not _ lost ).

6. Accepted applications are recorded in a separate account magazine accounting statement for foreigners and stateless persons on the extension of their stay in the territory of Ukraine ( Appendix 3 ). The serial number of the entry in the journal of the current year is the accounting number of the application, which is placed on the application and in the stamp of extension of stay. When filling in the serial number of the account with a hyphen from the number is indicated code designation of the purpose of the trip: 01 - official, business; 02 - tourism; 03 - private; 06 - immigration ( permanent residence ); 07 - cultural and sports exchange, religious, other.

In case extension of stay to foreigners and stateless persons who arrived on a long-term basis visa , attached code designation of the purpose of the trip , specified in the access: 01/05 - international technical help _ 03/13 - reunion families with citizens of Ukraine ; 03/14 - reunion families with foreigners and stateless persons ; 04/12 - training ; 05/04 - employment ; 05/07 - work in a structural cell public organizations foreign state ; 05/08 - work in the representative office foreign subject management ; 05/09 - work in the representative office a foreign bank; 05/11 - work as a correspondent or usual foreign tool mass information ; 07/06 - preaching religious creeds , implementation religious rites or another canonical activities ; 07/10 - proceedings cultural , scientific , educational activities on the grounds and in the order established international treaties of Ukraine or special programs , or participation in international and regional ones volunteer programs or in activity volunteer organizations registered in Ukraine . _

Office work in territorial bodies and subdivisions of the Ministry of Internal Affairs on issues extension of stay is carried out taking into account provisions Typical instructions on record keeping in central executive bodies authorities, the Council ministers the Autonomous Republic Crimea, local executive bodies authority approved _ by resolution Cabinet Ministers of Ukraine dated November 30, 2011 No. 1242.

7. Accepted documents to be executed are taken urgently and are considered no more than three workers' days _ In case of necessity implementation of additional checks, this period can be extended to ten, and in case presentation documents for acceptance decisions before the State Administrative Court - fourteen calendar days _

{The first paragraph of clause 7 of changes made _ according to the Order of the Ministry of Internal Affairs No. 1085 dated 26.11.2012 }

When considering an appeal more than one working day to the applicant appears certificate ( appendix 4 ) with a photo card stating that the passport document is in the territorial office bodies or division of the State Internal Revenue Service in connection with the review question of extension of stay in the territory of Ukraine. Photo card a foreigner or stateless persons and signature the Head of the body that she issued, certified with the seal of the authority that published help _ Term actions references a deadline is set required for registration documents, but no more than 14 calendar documents days _ When returning a passport document to a foreigner or a stateless person this one certificate is removed and added to the materials appeal of extension of stay.

{The second paragraph of clause 7 of changes made _ according to the Order of the Ministry of Internal Affairs No. 1085 dated 26.11.2012 }

8. Employee territorial body or the Department of Internal Affairs and Communications, upon receipt of an application for an extension of the period of stay in the territory of Ukraine, studying reasonableness given reasons concerning necessity extension of stay, checks reality submitted documents, timeliness their submission, availability registration note ( notes _ bodies protection of the state border " Entry " (" Exit ") or a document that confirms legality stay a foreigner, a person without citizenship in Ukraine ) or extension of the period of stay, animal information about foreigners or of stateless persons specified in them _ passport documents, with data that contained in these appeals, finds out legality stay foreigners and stateless persons in the state and absence information that _ prevent further stay these persons in Ukraine and certifies copies accepted documents his signature _

{Clause 8 of changes made _ according to the Order of the Ministry of Internal Affairs No. 1085 dated 26.11.2012 }

9. Verification of information that _ prevents further stay of foreigners or stateless persons in Ukraine carried out :

according to records base "ARMOR" data for detection persons who _ during their stay in Ukraine committed violation legislation on the legal status of foreigners and stateless persons did not fulfill court decision or bodies state authorities, authorized impose administrative recovery ;

according to records relevant territorial bodies and subdivisions of the Ministry of Internal Affairs by territory executive service for detection persons that _ have property obligations to the state, physical or legal entities.

10. About the results check, a note is made on the application for the extension of the period of stay in the territory of Ukraine foreigners and stateless persons _ from indication officials persons who _ carried out a check, and give statements _

In case if adoption decision on the application for extension of stay in the territory of Ukraine belongs to the competence Heads ( or deputies ) of the DMS, accepted documents ( except the foreigner's passport document or a document that certifies a stateless person ) immediately (no later next working day after giving application submissions ) are sent to the State Internal Revenue Service from a cover letter signed by the Head ( or his deputy) of a territorial body or division of the Ministry of Internal Affairs.

{Item 10 has been added new paragraph according to the Order of the Ministry of Internal Affairs No. 1085 dated 26.11.2012 }

An employee of the State Internal Revenue Service checks correctness design documents, finds out the question of availability or absence reasons for extending the period of stay in the territory of Ukraine and its suggestions along with by a cover letter to the address of the territorial body or reports to the DMS division Heads ( or to his deputy) of the Ministry of Internal Affairs to make a final decision. After adoption, decision documents return the territorial body or the State Internal Revenue Service unit to the place of residence of a foreigner or stateless person.

{Item 10 has been added new paragraph according to the Order of the Ministry of Internal Affairs No. 1085 dated 26.11.2012 }

11. About the accepted decision in the application for extension of stay in the territory of Ukraine, a note is made on the extension of the period of stay from indication the term for which decided extend the period of stay or reasons for refusal.

Refusal is drawn up in the form notice of refusal to extend the period of stay in the territory of Ukraine ( appendix 5 ) in two copies: the first one is handed over under the signature of a foreigner or a stateless person or host his side, the second attached to the materials appeal _ At the same time foreigners or a stateless person a deadline for departure from Ukraine is given.

12. Extension of the period of stay is issued by affixing a stamp on the passport document ( appendix 6 ), in which the authority accepted the decision and the term for which decided to extend the period of stay. The stamp is placed on the first free page of the passport document next to the visa or available with a registration mark; it is confirmed and signed by the boss ( or his deputy) of a territorial body or the unit of the State Internal Revenue Service at the place residence a foreigner or stateless persons and is sealed seal _

{Paragraph one of item 12 in the version of the Order of the Ministry of Internal Affairs No. 1085 dated 26.11.2012 }

In case of necessity to a foreigner or a stateless person appears deposit slip to the passport document ( appendix 7 ).

13. In continuation to a foreigner or a stateless person for the period of stay in the territory of Ukraine territorial body or a division of the DMS that accepted solution is filled accounting card ( appendix 8 ) in two copies. Second copy cards are sent for five workers days after registration in the relevant passport documents requisites to the territorial body of the State Internal Revenue Service ( if the decision is accepted territorial subdivision ) for accounting or to the territorial one, the unit of the State Internal Revenue Service at the place residence a foreigner or stateless persons ( if the decision is accepted territorial authority) to exercise control over them a timely departure from Ukraine.

In case moving foreigners or stateless persons to the territory administrative service another territorial of the Department of Internal Affairs and extension of the period of stay specified territorial unit sends message about it territorial the division of the State Internal Revenue Service at the place previous visit established persons for withdrawal them off the record.

14. Information about foreigners and stateless persons who _ _ the period of stay in the territory is extended of Ukraine, is sent to the Administration within five days State border services of Ukraine.

15. The receiving party is obliged in writing to notify about the departure of a foreigner or stateless persons abroad _ of Ukraine or changing his place of residence within ten days from the date of release or moving _ That's the message attached to the materials appeal of extension of the period of stay and is the basis for removal a foreigner or stateless persons from the register.

In case non-receipt message host parties about departure a foreigner or stateless persons abroad _ of Ukraine for of the month from the final give extension of stay measures are used regarding installation location a foreigner or stateless persons.

16. After the need passes, accounting cards from the current file are transferred to the archive, where they are stored within five years from the date end of a foreigner or stateless person's stay and then destroyed according to the act.

Head of the State Migration Service services of Ukraine

M.M. Kovalchuk