Illegal stay of a foreigner in Ukraine

Violating the established period of stay in Ukraine by foreigners carries a wide range of potential legal penalties. We'll examine these in more detail, as well as discuss how to avoid violating the law and what to do if such a situation already occurs. The immigration lawyers at "Prikhodko&Partners" Law Firm know how to assist and mitigate the legal consequences of this problem.

Penalties for violating the permitted period of stay by foreigners

So, the following types of punishment are provided for such an offense:

• fine;
• entry ban;
• forced return;
• refusal to cross the border and forced expulsion.

Each of these penalties has its own specifics. The most common sanction for overstaying in Ukraine is a fine.

What does the current legislation say?

If foreign citizens or stateless persons arriving in Ukraine temporarily exceed their permitted stay, they are subject to administrative liability under Article 203 of the Code of administrative offenses of Ukraine. Under this article, the penalty is a fine.

The amount of the fine depends on how many days the person has overstayed their permitted stay in Ukraine. If the overstay is less than 30 days, the fine is 100-200 times the tax-free minimum income of citizens. The same fine is imposed if a foreigner fails to comply with the requirements for transit through Ukraine or the requirement to declare or register their place of stay/residence.

A fine of 200-300 non-taxable minimums is imposed when:

• the period of violation exceeds 30 days of illegal residence;
• the foreigner resides in Ukraine with invalid or expired documents.

A fine of 300-400 tax-free minimums is provided for in situations where a person has committed the above actions repeatedly within a year.

Also worth mentioning in the context of legal regulation is Article 205 of the Code of Ukraine on administrative offenses. It stipulates liability not for the foreigner themselves, but for the person who invited them if they are responsible for a violation of migration law.

Therefore, if such a person intentionally fails to take the necessary measures to ensure that a foreigner properly submits an application for residency in Ukraine, they will be subject to a fine of 50-100 non-taxable minimum incomes. The same penalty applies if the host fails to notify within the prescribed timeframe that the grounds for the foreigner's legal stay in Ukraine have ceased. If the offender is an official, the penalty will be higher – a fine of 100-200 non-taxable minimum incomes.

What should you know about forced return and forced expulsion?

These sanctions are enshrined in Articles 26 and 30 of the Law of Ukraine "On the legal status of foreigners and stateless persons." They state that foreign nationals who commit offenses may be forcibly returned or forcibly expelled to their country of origin or a third country.

Specifically, forced return is stipulated in Article 26 of the aforementioned Law. This sanction applies to foreigners if their actions violate legislation regarding the legal status of foreigners and stateless persons. It is also possible in cases where the actions of such persons:

• contrary to the national security interests of our state;
• contradict the requirements of public order;
• if necessary to protect the health, rights, and legitimate interests of Ukrainian citizens.

In such cases, a decision on forced return may be accompanied by a ban on entry to Ukraine. This ban lasts for 3  years.

The sanction of forced deportation is set out in Article 30 of the Law. It is applied based on a court decision. The grounds for such a sanction are:

• failure to comply with a forced return decision within the prescribed timeframe without a valid reason;
• the existence of reasonable grounds to believe that the foreigner or stateless person will evade compliance with the decision.

When forced deportation is applied to a foreigner, it is necessarily accompanied by a ban on entry into Ukraine, which lasts for 5 years.

How can we be useful to you?

Our law firm's migration specialists provide clients with the following services in this area:

1. consulting;
2. assistance in extending a residence permit in Ukraine if there are valid reasons for doing so;
3. assistance in appealing decisions of authorized bodies if the above sanctions were applied unjustifiably.

To order our services, please fill out the feedback form on the website.