Rules Governing the Stay of Foreign Nationals and Stateless Persons in Ukraine
GENERAL PROVISIONS
The legal status of foreigners and stateless persons is determined by the Constitution of Ukraine, the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons,” other laws of Ukraine, and Ukraine’s international treaties.
A foreign national is a person who does not hold Ukrainian citizenship and is a citizen (subject) of another state or states.
Foreign nationals and stateless persons temporarily staying in Ukraine are those who are present in Ukraine for the duration of their visa or for the period established by Ukrainian legislation or an international treaty of Ukraine, or if the term of their stay in Ukraine has been extended in accordance with established procedures.
A temporary residence permit is a document that identifies a foreigner or a stateless person and confirms the legal grounds for temporary residence in Ukraine.
Foreign nationals and stateless persons lawfully present in Ukraine enjoy the same rights and freedoms and bear the same obligations as citizens of Ukraine, subject to the exceptions established by the Constitution, laws, or international treaties of Ukraine.
Foreign nationals and stateless persons who have arrived in Ukraine for the purpose of studying and have obtained a temporary residence permit are considered to be lawfully present in Ukraine for the duration of their studies.
FOREIGNERS AND STATELESS PERSONS MAY ENTER UKRAINE PROVIDED THAT:
1) they possess a valid passport;
2) there is no decision by an authorized state body of Ukraine prohibiting their entry into Ukraine;
3) they hold an entry visa, unless otherwise provided by Ukrainian law;
4) they provide confirmation of the purpose of their planned stay;
5) they have sufficient financial means to cover the period of their planned stay and to return to their country of origin or transit to a third country.
Foreign nationals and stateless persons who do not meet one or more of the conditions for entry into Ukraine shall be denied entry at the state border in accordance with the procedure established by Article 14 of the Law of Ukraine “On Border Control.”
Notarized copies of passport documents, birth certificates, or visas do not grant the right to cross the state border.
DOCUMENTS REQUIRED TO CROSS THE STATE BORDER OF UKRAINE
foreign passport
document authorizing return to the country of citizenship or residence (in the event of loss of a passport within Ukraine)
Ukrainian visa (for citizens of countries subject to visa requirements)
Please note! An ID card that certifies the identity of a foreign citizen does not grant the right to cross the state border of Ukraine. However, citizens of Turkey and Georgia (as of March 1, 2019) are exempt from this rule; pursuant to international agreements, they have the right to enter, exit, and stay within the period established by law on the basis of valid passport documents in the form of an ID card.
REGISTRATION AT A STATE BORDER CROSSING POINT
Foreign nationals and stateless persons who have arrived in Ukraine may temporarily stay on its territory upon registration at a state border crossing point.
In accordance with Part 2 of Article 9 of Section II of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons,” Paragraph 6 of Article 19 of Section IV of the Law of Ukraine “On the State Border Guard Service of Ukraine,” and pursuant to Decree of the President of Ukraine No. 256 of August 30, 2017 “On the Decision of the National Security and Defense Council of Ukraine of July 10, 2017, ‘On Strengthening Control Over the Entry into and Departure from Ukraine of Foreigners and Stateless Persons, and Their Compliance with the Rules of Stay on the Territory of Ukraine,’” as of January 1, 2018, at border crossing points (checkpoints, checkpoints with the temporarily occupied territory of the Autonomous Republic of Crimea), the biometric data of foreigners and stateless persons are recorded during border control.
The collection of biometric data from foreigners upon their first entry into Ukraine at airports and land border crossing points is carried out by scanning the fingerprints of all five fingers of the right (left) hand.
When foreigners travel by train, biometric data is collected directly in the train cars by scanning the index fingerprint of the right (or left) hand.
Subsequent identification of foreign nationals and stateless persons whose biometric data were recorded upon their first entry into Ukraine is carried out by scanning the fingerprints of one to four fingers of the right (left) hand.
WHAT TO DO IF YOU LOSE YOUR BORDER CROSSING DOCUMENT
If a foreign national or stateless person loses their passport while in Ukraine, they must immediately notify the host party and the internal affairs authority (the National Police) to obtain a corresponding certificate confirming this fact.
In such cases, departure from Ukraine is permitted under the visa-free regime using a passport or a return certificate issued to foreigners by diplomatic
ENTRY INTO AND DEPARTURE FROM UKRAINE BY FOREIGNERS AND STATELESS PERSONS, TERMS OF THEIR STAY
Foreign nationals and stateless persons may enter Ukraine provided they have a passport and a visa obtained in accordance with established procedures, unless otherwise provided by Ukrainian law or international treaties.
When passing through border control at state border crossing points, foreigners and stateless persons are required to submit their biometric data for recording.
The duration of stay for foreigners and stateless persons in Ukraine is determined by the visa, Ukrainian law, or an international treaty of Ukraine.
VISA PROCESSING
The rules for issuing visas to foreigners and stateless persons, as well as the list of documents required to obtain a visa, are established by the Cabinet of Ministers of Ukraine. Decisions regarding visa issuance are made in accordance with established procedures by a diplomatic mission or consular office of Ukraine, the Ministry of Foreign Affairs of Ukraine, or a representative office of the Ministry of Foreign Affairs of Ukraine within the territory of Ukraine.
DEPARTURE FROM UKRAINE
- Foreign nationals and stateless persons lawfully present in Ukraine have the right to freely leave the territory of Ukraine in accordance with established procedures, except in cases provided for by law;
- A foreign national or stateless person is not permitted to leave Ukraine if:
they have been notified of suspicion of committing a criminal offense or a criminal case is pending before a court—until the conclusion of the criminal proceedings;
they have been convicted of a criminal offense—until they have served their sentence or been released from punishment;
their departure is contrary to the interests of ensuring Ukraine’s national security—until the circumstances preventing their departure cease.
The departure of a foreign national or stateless person from Ukraine may be temporarily postponed by a court order until they fulfill their financial obligations to individuals and legal entities in Ukraine, unless otherwise provided by Ukraine’s international treaties.
LIABILITY OF FOREIGNERS AND STATELESS PERSONS
Illegal migrants and other foreigners and stateless persons who have committed a crime, an administrative offense, or other legal violations shall be held liable in accordance with the law.
If a foreign national or stateless person lacks grounds for temporary residence or temporary stay in Ukraine, the duration of their stay shall be shortened.
The decision to shorten the duration of a foreign national’s or stateless person’s temporary stay in Ukraine is made by the central executive authority responsible for implementing state policy in the field of migration, or by the Security Service of Ukraine.
VOLUNTARY RETURN OF FOREIGNERS AND STATELESS PERSONS
Foreign nationals and stateless persons who lack legal grounds for staying in Ukraine or who are unable to fulfill their obligation to leave Ukraine—no later than the day their period of stay expires due to a lack of funds or the loss of their passport—may voluntarily return to their country of origin or a third country, including with the assistance of international organizations.
The decision on the voluntary return of foreigners and stateless persons is made by the central executive authority responsible for implementing state policy in the field of migration, based on an application for voluntary return submitted by the foreigner or stateless person.
If a decision on voluntary return is made, the foreigner or stateless person is issued a certificate confirming their status as a voluntary returnee. This certificate serves as the basis for the temporary stay of the foreign national or stateless person in Ukraine until the voluntary return procedure is completed. Upon completion of the voluntary return procedure, such a certificate is revoked or declared invalid.
The duration of the voluntary return procedure shall not exceed 60 days.
If a decision is made regarding the voluntary return of a foreign national or stateless person under the age of eighteen, it must be verified that, in the event of voluntary return, such person will return to a family member or guardian.
FORCED RETURN OF FOREIGN NATIONALS AND STATELESS PERSONS
A foreign national or stateless person may be forcibly returned to their country of origin or to a third country if their actions violate legislation governing the legal status of foreign nationals and stateless persons, or if they are contrary to the interests of ensuring Ukraine’s national security or maintaining public order, or if such return is necessary to protect public health or the rights and legitimate interests of Ukrainian citizens, pursuant to a decision by the central executive authority which is responsible for implementing state policy in the field of migration, the Security Service of Ukraine, or the State Border Guard Service (with respect to foreign nationals and stateless persons detained by these agencies within controlled border areas while attempting to or after illegally crossing the state border of Ukraine), with subsequent notification to the prosecutor within 24 hours regarding the grounds for such a decision. The decision on forced return shall specify the period within which the foreign national or stateless person must leave Ukraine. This period shall not exceed 30 days from the date the decision is issued.
A decision on the forced return of foreign nationals and stateless persons may be accompanied by a ban on further entry into Ukraine for a period of three years. The period of the ban on further entry into Ukraine is calculated from the date such a decision is issued. The procedure for enforcing a decision imposing a ban on further entry into Ukraine is determined by the Cabinet of Ministers of Ukraine.
One copy of the decision on the forced return of foreign nationals and stateless persons is issued to the foreign national or stateless person against whom it was issued. The decision shall specify the grounds for its adoption, the procedure for appeal, and the consequences of non-compliance. The form of the decision on the forced return of foreign nationals and stateless persons is approved by a joint order of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, and the central executive authority responsible for formulating state policy in the field of state border protection.
A decision on forced return may be appealed in court.
A foreign national or stateless person is required to leave the territory of Ukraine voluntarily within the time limit specified in the decision on forced return.
To monitor compliance by a foreign national or stateless person with the decision on forced return, officials of the state border guard service or the central executive authority responsible for implementing state policy in the field of migration may escort such a foreign national or stateless person through the territory of Ukraine.
If a decision on forced return is issued, the visa in the passport of the foreign national or stateless person is revoked, and documents confirming the legal grounds for their stay in Ukraine are seized.
Forced return does not apply to foreigners and stateless persons under the age of 18, or to foreigners and stateless persons covered by the Law of Ukraine “On Refugees and Persons in Need of Supplementary or Temporary Protection.”
FORCED DEPORTATION OF FOREIGNERS AND STATELESS PERSONS
The central executive authority responsible for implementing state policy in the field of migration, state border guard agencies (with respect to foreign nationals and stateless persons detained by them within controlled border areas while attempting or after illegally crossing the state border of Ukraine), or the Security Service of Ukraine may forcibly expel a foreign national or stateless person from Ukraine only on the basis of an administrative court ruling issued upon their petition, if such person has failed to comply with a decision on forced return within the established time limit without valid reasons, or if there are reasonable grounds to believe that the foreign national or stateless person will evade compliance with such a decision, except in cases where a foreign national or stateless person is detained for illegally crossing the state border of Ukraine outside of official border crossing points and is handed over to the border authorities of a neighboring state.
A court decision on the forced expulsion of foreign nationals and stateless persons may be appealed in accordance with the procedure provided by law.
The central executive authority responsible for implementing state policy in the field of migration, or the state border guard authority, on the basis of the relevant decision and with subsequent notification to the prosecutor within 24 hours, shall place foreign nationals and stateless persons who are unlawfully present on the territory of Ukraine in temporary detention centers for foreign nationals and stateless persons.
Foreign nationals and stateless persons shall remain in temporary detention centers for foreign nationals and stateless persons who are unlawfully present on the territory of Ukraine for the period necessary to execute the court’s decision on forced expulsion, but not exceeding twelve months.
A court decision on the forced expulsion of a foreign national or stateless person is enforced by the central executive authority responsible for implementing state policy in the field of migration; however, in the case of foreign nationals and stateless persons detained by that authority within controlled border areas while attempting to cross or after illegally crossing the state border of Ukraine, the decision is enforced by the state border guard service.