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[El]

Good job E....

http://www.kyivpost.com/top/28587/

Ukraine not enforcing visa rules as expats renew 90-day stays


The Ukrainian government is not enforcing the new visa regime imposed eight months ago on travelers mostly from developed countries, leaving long-term foreign residents confused whether it�s worth their effort to follow the new regulation.

No reports have surfaced of expatriates living in Ukraine being denied re-entry, despite a law restricting non-visa stays to 90 days within a 180-day period.

Instead, many Westerners report they can still go on a �border run,� in which they cross the Ukrainian border at the end of a 90-day stay, receive a stamp and renew their residency without having to leave Ukraine for 90 days. Border guards even readmit expatriates who exceed the 90-day restriction.

�I came back from Russia with no problems after exceeding 90 days,� said an American living in Ukraine for two years, who declined to identify himself because he is applying for permanent residency.

�A German friend stayed well over 180 days, coming in and out without a problem.You have a law that�s not being enforced.�

That law went into effect July 2007, the result of a Cabinet of Ministers resolution that rolled back a liberal regime set by President Viktor Yushchenko in early 2005, allowing citizens from the European Union (EU), US, Canada, Japan and other states to enter Ukraine and remain for 90 days without a visa.

Foreigners renewed their visa-free residency simply by performing a border run.

Ukrainian lawyers confirmed what scores of foreigners are reporting.

�The peculiarity of the changes, apart from introducing restraints, is that they are not being practically enforced,� said Olha Kovernyk, a lawyer at Kyiv-based law firm Magisters.

Foreigners prefer the border runs because taking a weekend to renew the 90-day term is far easier than dealing with the Ukrainian bureaucracy to gain the ability to remain longer, either with a visa or residency permit.

Registering residency, or prolonging registration in Ukraine, requires having an official employer, providing proof of residency from a landlord, �and pass through the �seven circles of hell� at OVIR (State Department for Citizenship, Immigration and Registration of Individual Persons), where foreigners must register,� Kovernyk said.

A residency permit, which allows foreigners to stay a year with extension, doesn�t require securing a long-term visa.

Besides the bureaucracy, registration is a challenge because many Ukrainian landlords decline to provide the official lease that�s needed.

Meanwhile, obtaining a work permit requires presenting a college diploma, not an item most foreigners take with them when they travel.

Given the difficult bureaucracy and lack of enforcement of the July resolution, foreigners like Canadian Victor Glasko will go on a border run this weekend to renew his stay.

Glasko crossed the Ukrainian-Polish border in December, successfully renewing his 90-day stay, and expects the same will happen this weekend.

He said he�s only heard of one instance in which a foreigner was fined for overstaying the 90 days, but was allowed to return nevertheless.

�I�ve never met an expatriate in Ukraine who has been refused admission into the country under the new law,� said Edward Cocks, a two-year American resident in Kyiv who is active in the expat community.

�Several talked about a 350 hryvnia fine or so that they paid to get a new stamp, but I don�t know whether it�s a standardized bribe or an official fine for overstay,� he said.

The Ministry of Foreign Affairs (MFA) and State Border Service of Ukraine couldn�t confirm whether this is a legitimate fine.

The MFA didn�t respond to the Post�s inquires, stating it could respond within a month.

Some provisions of the July 2007 resolution apply to foreigners from poorer countries, such as proving financial solvency prior to entry, yet there is no official government list detailing to which countries the rule applies, Kovernyk said, contributing to the overall confusion.

�Due to the fact that there is no such list, the MFA informed the State Customs Service of Ukraine with an August 2007 letter, directing it to abstain from enforcing the government�s resolution from July 11, 2007,� stated an August letter from the State Customs Service to the heads of regional customs.

In fact, officials charged with enforcing foreigners� entry and residency regulations are following procedures established in 2005, Kovernyk said.

Confusion around new regulations most affects those Westerners who have no visa, residence permit or work permit.

The new regulations led many expat workers to scramble to work for companies that complied with Ukrainian labor regulations and could provide employees with assistance registering with authorities, Cocks said.

Usually, companies with foreign workers retain the services of law firms that provide legal support in obtaining work permits for foreign employees at $500 to $1,000 per employee.

[ecocks]

Thanks. As you can read, it is as confusing here as anywhere else. I just do what I can to help the TEFL and expat community. If anyone needs help in Ukraine, I am always willing to do what I can (within reason of course).

[ytuque]

[ecocks]

but you will need a diploma to justify your qualification as a teacher. The central question, after your basic identification - passport page and visa, which the ministry asks is why can't you hire a Ukrainian to do this job? Then, the question becomes is the person qualified to do this job?

The real problem, which is mentioned in the article, is that employers balk at going through the paper chase to have you work legally. Some employers reportedly will pay your fines for overstaying your time limits and insist it is okay to pay your cash in an evelope. It is challenging to find a school that will support your visa and work permit process. The cost estimate in the article, to them, is an optional cost of doing business. Many (a GREAT many) Ukrainians work for cash and they don't quite get that foreigners are different.

The fact remains that reputable employers of expats (multinationals and such) will support your documentation process but most schools will do so only if you commit to a contract. Seems fair to me. I was at an interview a couple of weeks ago where a guy claimed to be working for six different language schools. He was very interested in getting "legal" but wouldn't agree to give up all the other jobs to work 40 hours a week at $1500/month, net. Go figure.