As of today, Ukrainian citizens can travel to Crimea with a Ukrainian passport. No permit to travel to Crimea is needed. Conversely, foreign nationals need to apply for a permit in order to legally travel to Crimea. Such a trip is considered to be legal only with a foreign passport and a permit which allows entry through specially designated check points. All other ways of reaching the peninsula are illegal and will be prosecuted according to law.
The penalty for such a violation varies from a fine, a ban on entry to Ukraine, or to maximum of eight-year imprisonment.
The most common valid grounds to apply for a permit to enter Crimea are:
- Residence of the applicant’s family members or close relatives in Crimea.
- Location of burial sites of family members or close relatives in Crimea.
- Death of family members or close relatives in Crimea.
- Residence of a foreigner holding a permanent residency permit in Ukraine with Crimean registration.
- Ownership of real estate in Crimea.
- Other grounds related to professional activities, e. g. journalism, diplomatic relations, religious, and/or political activities.
All the above have to be dully confirmed by specific documents.
The foreigner has to apply for a permit personally. This means that along with appointing an attorney or a representative the applicant has to be present for the application. This also means that a foreigner normally living abroad must come to Ukraine for the application and spend some time awaiting the approval. Once the application is submitted, the applicant can leave the county until the permit is granted. The applicant may then return and collect it.
Ukrainian authorities are exceptionally strict with documents to certify the above grounds. All documentation needs to be done exactly as required by various laws, bylaws, and regulations. Otherwise, the application may be delayed or rejected. Consequently, a rejection may result in extra expenses and additional time to complete the application, if, for instance, an applicant decides to re-submit it. This can also derail a previously planned trip to the peninsula.
The law provides a list of documents required to make the application. This list is not exhaustive and the immigration officer can ask for additional supporting documentation.
The following documents are needed for the application:
1. Completed application form.
2. Original passport to submit to the immigration officer. It is important to note that a passport has only to be presented to the officials and is to be returned immediately to the lawful owner. The officials cannot ask a foreigner to leave the passport with them.
3. Translated and certified copy of the passport.
4. Documents proving purpose of the trip, for example:
i. Documents proving family or relatives relation with Crimean resident/s;
ii. Documents proving death of close relatives, who were residents of Crimea;
iii. Documents proving burial of close relatives or family members in Crimea;
iv. Documents proving ownership title over real estate, including land, in Crimea;
v. Documents proving professional activities on the peninsula, e.g. journalism, diplomatic, religious, and political activities.
vi. Thee passport-sized photos (3.5 per 4.5 cm).
The application must be submitted to the local branch of the State Immigration Service. The law provides a five-day time-limit for the immigration authorities to grant or deny the permit from the date of application. Often, this deadline is not adhered to due to various technical reasons, such as a heavy workload. Even if the permit is granted, the documents proving the purpose of trip and any other related documents can be inspected while crossing administrative border check points. Frequent missed deadlines can also be attributed to the fact that the law does not provide any penalty for an official missing the deadline.
The permit to travel to Crimea, similar to any visa, can be for single or multiple entries. This depends on the purpose of travel. The desired number of entries and days must be explicitly documented in the application form. In any event, the permit cannot be valid for a longer period than a legal stay of a foreigner in Ukraine. Usually, this is a 90-day visa-free stay. A standard three-day period to exit the country is required and must be deducted from the 90 day limit. In case a foreigner wishes to stay longer in Crimea, they would need to apply for temporary or permanent residency permits in Ukraine.
The law likewise outlines grounds to reject the application, which are standard for any other similar applications:
1. The applicant is considered to be a national security threat, can disrupt public order, public health, or violate human rights and the legitimate interests of citizens of Ukraine and its residents.
2. The applicant’s passport is forged or damaged (for instance, by liquid damage, missing pages or torn).
3. The applicant submitted false information and/or forged documents.
4. The applicant failed to adequately prove the purpose of travel or declared false purpose.
All in all, applying for a permit to travel to Crimea is a complex process. It is first of all a political issue and is sensitive since it is linked to the national security of the state. Secondly, the process requires thorough preparation, planning, and approval of numerous documents with different private and state entities. We believe when it comes to this kind of work, it should be done correctly from the beginning. As our practice has shown, a properly prepared application saves time and money for the applicants. For this reason, we recommend using the services of professionals: a lawyer or attorney located on the spot, with solid experience and knowledge of the law, an attorney who can handle the case professionally. Another tip is to always Google a law firm or attorney to review what former clients have written about their services.
At Zalizniak&Associates, Ukraine Immigration Consulting, we stand with our clients and are always available to secure permits for a trip to Crimea and other immigration-related documents.