WHAT TO DO IF YOUR PERIOD OF STAY IN UKRAINE HAS EXPIRED?

According to Article 26 of the Constitution of Ukraine, foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and bear the same obligations as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.

The grounds for the stay of foreigners and stateless persons on the territory of Ukraine are determined by Article 4 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (you can get acquainted with this link)

However, it is important to know and remember that there are citizens who have visa restrictions on their stay in Ukraine. That is, you can stay in Ukraine for the period established by the visa - no more than until the last day of validity.

However, citizens for whom visa-free entry to Ukraine is required, in this case, these persons may temporarily stay on the territory of Ukraine for no more than 90 days in each 180-day period.

The rules are very simple: if the period of stay expires, you must either extend it if you intend to stay longer in Ukraine, or leave the territory of the country within the specified period.

Important: violation of the period of stay in Ukraine by a foreigner is subject to administrative liability. If foreigners and stateless persons who arrived in Ukraine on a temporary basis (for example, to open a business, start or continue education, get a job, travel, etc.) violated the period of stay in the state established by the legislation of Ukraine, they bear administrative responsibility, provided for in Article 203 of the Code of Ukraine on administrative offenses. According to the provisions of Articles 26 and 30 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons", foreigners who have violated the terms of their stay in Ukraine may be forcibly returned or forcibly deported to their country of origin or a third country.

Forced return may be accompanied by a ban on entry to Ukraine

Today, in connection with the armed aggression of the Russian Federation and the effect of martial law in Ukraine, it is difficult to issue and exchange permits for permanent or temporary residence (including even lost or stolen ones), in connection with which the State Migration Service of Ukraine is developing mechanisms for extending the validity of issued previously a permanent or temporary residence permit.

Extension and reasons for the period of stay in Ukraine

You can extend your stay in Ukraine on the basis of:

• submission of an application for an immigration permit;
• submission of an application for the acquisition of Ukrainian citizenship;
• if there are reasons that prevent you from leaving Ukraine;
• other cases when it is necessary to extend the period of stay (treatment, pregnancy, care for a sick family member, registration of inheritance, performance of official duties by a foreign correspondent or a representative of a foreign mass media, etc.).

Deadlines for applications for extension of stay: submitted by foreigners and stateless persons and by the host party no earlier than 10 and no later than 3 working days before the end of such a period.

Cases in which there may be a refusal to extend the period of stay of a foreigner and a stateless person on the territory of Ukraine

• the need to ensure national security or public order protection;
• the need to protect health, protect the rights and legitimate interests of citizens of Ukraine and other persons living in Ukraine;
• when a foreigner's passport document or a document certifying a stateless person is forged, defaced or does not conform to the prescribed model or belongs to another person;
• submission of knowingly false information or forged documents by a foreigner and stateless person;
• when facts of non-compliance by a foreigner and a stateless person with the decision of a court or state authorities authorized to impose administrative penalties are discovered, or they have other property obligations to the state, natural or legal persons, including those related to previous deportation outside Ukraine , including after the expiration of the ban on further entry into Ukraine;
• when there are reasonable grounds to believe that a foreigner and a stateless person have reasons and purpose for staying in Ukraine
• other than those stated in the application or they have not submitted the corresponding confirmation;
• the absence of a foreigner and stateless person with sufficient financial support for the period of stay or the corresponding guarantees of the host party.

The validity period of a temporary or permanent residence permit expires

If the validity period of the temporary or permanent residence permit expires, the documents for issuing the permit and its exchange are submitted to the state enterprise that belongs to the sphere of management of the State Migration Service (hereinafter referred to as the State Migration Service), the center for the provision of administrative services, territorial bodies/territorial subdivisions of the State Migration Service , at the place of residence of a foreigner or stateless person. If in the region where the foreigner is located, the migration service has not yet resumed its work or has not resumed it fully, then you can contact the unit in another region or wait until work resumes (if time permits). Administrative liability for overstaying a permit is considered individually in each specific case, so it is better to contact qualified lawyers in this field of activity.

Deadlines for applying for a temporary or permanent residence permit

Documents for issuing a passport are submitted no later than 15 working days before the end of the established period of stay/residence in Ukraine.

In case of expiration of the validity period of the permit, documents for its exchange may be submitted no later than 15 working days before the date of expiry of its validity period. In this case, the passport to be exchanged is returned to the person after receiving the documents and surrendered by him when receiving a new passport.

Subsequently, the passport is issued within 15 working days from the date of acceptance of documents from a foreigner or stateless person.

If you need legal support in the preparation of documents for temporary or permanent residence in Ukraine, citizenship of Ukraine, representation of your interests in the migration service - you can always count on the help of our lawyers.

Read more: How to get a permit for a temporary or permanent stay in Ukraine.