Is it possible to travel abroad if you have a loan debt?

Introduction of martial law in Ukraine has significantly changed the rules for crossing the state border. Alongside general restrictions related to mobilization and increased control over citizens' movements, an important question has arisen: can a person who has a credit debt leave the country? Many Ukrainians with repayment difficulties fear that having overdue debt automatically makes them "non-departable." In this article, we will examine in detail under what conditions an exit ban may be imposed, which legal norms regulate this issue, and what to do if the debt already exists.

Legal framework

First of all, it is important to understand: the mere presence of a credit debt is not automatically a reason for a ban on crossing the border. Law of Ukraine No. 3857-XII "On the procedure for departure from Ukraine and entry into Ukraine by citizens of Ukraine" specifies that restrictions are possible only in cases where a person deliberately avoids fulfilling obligations for a long time. This refers to obligations to pay alimony, failure to fulfill contractual agreements, or non-repayment of debt to an individual or legal entity. In other words, the mere presence of debt does not create obstacles, but deliberate and prolonged non-payment may be grounds for restrictions.

Lawyers at the legal company "Prіkhodko & Partners" emphasize that a travel ban becomes possible only after the opening of enforcement proceedings against the debtor. This stage indicates that the creditor has applied to the court, obtained an enforcement document, and submitted it to the executor for forced collection. If the bank or microfinance institution files a lawsuit and the court satisfies it, a decision on the travel ban may be issued. Such a decision remains in effect until the debt obligations are fully settled.

It should be noted that a travel ban is imposed exclusively on the basis of a court decision or a prosecutor's order. This means that no bank, collection agency, or financial company can independently add a person to the "non-departable" list. The process begins with a lawsuit to the court, after which the court examines the circumstances and decides whether such a preventive measure is necessary. If the court rules on the ban, it is sent to the State Border Guard Service of Ukraine, which enters the relevant data into the database.

Interestingly, the law does not establish a specific amount or term of overdue debt after which a person automatically receives restrictions. The debt may be large or small – the key factor is the fact of prolonged avoidance and the existence of court proceedings. Therefore, even a small loan can lead to a travel ban if the case reaches the enforcement service.

After the opening of enforcement proceedings, the debtor receives the order and has the opportunity either to voluntarily repay the debt or initiate negotiations with the creditor to avoid restrictions. Upon repayment of the debt, the executor issues an order closing the proceedings, and the travel restriction is lifted. It is important that only after the closure of the proceedings are the debtor's details removed from the border service database.

What to do to leave the country with debts?

If a person plans to leave the country but has credit debts, lawyers at "Prikhodko & Partners" recommend following a clear sequence of steps:

Step №1.

First, it is necessary to find out whether enforcement proceedings have been opened. This can be done through the Unified Debtors Register, the "Diia" portal, or by contacting the executor directly. If there are no proceedings, leaving the country is not restricted, even if debts exist.

Step №2.

The second step is to communicate with the bank or financial institution. It is often possible to reach a settlement agreement, restructure the debt, or agree on installment repayment, avoiding court proceedings. If possible, repay part of the loan – this reduces risks and demonstrates the debtor’s good faith.

Step №3.

If enforcement proceedings have already been opened, the situation becomes more complicated. In this case, it is advisable to enlist the support of experienced lawyers, as they can help challenge the restriction, initiate negotiations with the creditor, or obtain the cancellation of the travel ban decision. Some cases allow obtaining permission to leave the country in exceptional circumstances – for example, for medical treatment, caring for relatives, or fulfilling international obligations.

Thus, the answer to the question “Can you leave the country with a credit debt?” depends not so much on the debt itself as on the existence of a court decision and open enforcement proceedings. If there are no proceedings, there are no restrictions. If proceedings exist, leaving the country will be blocked until obligations are fulfilled. Therefore, timely verification of one’s status, communication with the creditor, and obtaining qualified legal assistance are crucial. For the lawyers at "Prikhodko & Partners," no tasks are too complex!

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