BAN ON ENTRY TO UKRAINE AND DEPORTATION OUTSIDE ITS BORDERS

Currently, foreigners can not only successfully obtain a residence permit in Ukraine and legally stay here for the entire permitted period, but, unfortunately, there may be negative situations. In general, foreign citizens should understand the legal rules for crossing the Ukrainian border if they are going to or are already coming to Ukraine.

First of all, a foreigner should have with him his passport document or a double residence permit in Ukraine, which are valid at the time of passing through passport control at the border. If there is no residence permit in Ukraine, then make sure you have an entry visa. Also, plan ahead and have confirmation of your visit to Ukraine and have sufficient funds available for the period of legal stay in the territory of the state and until the day your visit ends. The exception is foreign persons or stateless persons who travel to Ukraine to earn money or help in the status of refugees or asylum seekers.

But what is the process of passing, and what happens if a person has a seal about the ban on crossing the border of Ukraine?

If a person who is not allowed to enter Ukraine makes an attempt to enter, then she will at that moment be sent either to the country from which the person arrived or to her country of origin.

But if a person is caught illegally crossing the border of Ukraine outside the checkpoints (for example, “running through the forest” is a very popular way now), then in this case he is detained and checked for criminal offenses. If they are not detected, then the person returns to the country of his former residence.

Of course, a person is not always returned or forcibly expelled from Ukraine.

There are so-called "extreme cases" in which it is forbidden to expel or transfer a foreign citizen, these include the following:

• If a foreigner is wanted in a certain country, or he is waiting for forced expulsion or return there.
• If in his country of origin there are problems of racism regarding skin color, sexual orientation, creed, race or nation and therefore he has a threat to life there.
• If there is an armed conflict or a systemic violation of human rights in his country, or, for example, natural disasters, man-made disasters happen very often, and there is a serious hindrance to health, but the person cannot be treated because there is no medical treatment in the country.

Also, all foreign citizens should understand that the identification of expulsion and a ban on entry is erroneous, because these concepts are different, both theoretically established by law and in practice.

The decision on expulsion or return is made directly at the border when passing control over non-compliance with the conditions of crossing.

The entry ban mark, in turn, is affixed despite the correction of all violations when crossing the border. In this case, you should ask in a polite tone to give you a decision in your hands with an exact indication of the reason for the ban. But, according to the law, the decision to ban entry into Ukraine is an optional sanction, which means that it can be taken directly at the border crossing point, along with forced expulsion or transfer to another country.

The reasons for the ban on entry into Ukraine include, for example:

• If a person, after the expiration of the legal period of stay, continued to reside on the territory of Ukraine for a long period illegally.
• If the documents that a person provides or submits to public authorities are not valid and do not belong to this person.
• If a person attempted to cross the occupied territory during an anti-terrorist operation outside the checkpoints.

There are also many different reasons for entry bans, which are regulated in accordance with changes in regulations.

The decision to ban can be challenged in court with the help of our professional migration lawyers.

So, as you understand, the situations during legal stay and when crossing the border are different, so I advise you to immediately contact your lawyer in Ukraine in order to avoid further problems with the interpretation of Ukrainian legislation.