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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 international treaties of Ukraine.

A foreigner is a person who is not in nationality of Ukraine and is a citizen (national) of another state or States.

Foreigners and persons without citizenship who are temporarily on the territory of Ukraine, foreigners and persons without citizenship located on the territory of Ukraine during the validity of the visa or for the period prescribed by law or international Treaty of Ukraine, or if the duration of their stay on the territory of Ukraine and renewed in the prescribed manner.

Temporary residence permit - identity document of a foreigner or stateless person and confirms legal grounds for temporary stay in Ukraine.

Foreigners and persons without citizenship residing in Ukraine on legal grounds enjoy the same rights and freedoms and also bear the same obligations as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.

Foreigners and persons without citizenship, who arrived in Ukraine with the purpose of training and received a residence permit, are considered to be lawfully on the territory of Ukraine for the period of study. 

Entry to Ukraine and departure from Ukraine of foreigners and persons without citizenship, the timing of their stay in Ukraine

Foreigners and stateless persons enter Ukraine in the presence of a passport document and a duly authorised visa, unless otherwise provided by law or international treaties of Ukraine.

Foreigners and persons without citizenship when passing the border control at checkpoints across the state border are required to submit their biometric data for their fixation.

The period of stay of foreigners and stateless persons in Ukraine is established by the visa legislation of Ukraine or international Treaty of Ukraine.

Visa

Rules of registration of foreigners and stateless persons of visas and documents necessary to receive it are established by the Cabinet of Ministers of Ukraine. The decision on visa is taken in the prescribed manner by the diplomatic mission or consular institution of Ukraine, the Ministry of foreign Affairs of Ukraine or the representative office of the Ministry of foreign Affairs of Ukraine on the territory of Ukraine. 

Entry to Ukraine and exit from Ukraine is:

- foreigners and stateless persons - a passport with the appropriate visa, unless another procedure of entry and departure, established by the legislation or the international Treaty of Ukraine;

- foreigners and persons without citizenship who are studying in educational establishments of Ukraine not less than one year - a passport document and a temporary residence permit. 

Travel from Ukraine:

- foreigners and persons without citizenship that legitimately reside in Ukraine, have the right in due order to freely leave the territory of Ukraine, except the cases established by law;

- departure from Ukraine of a foreigner or person without citizenship is not permitted if:

1. it is reported about suspicion in Commission of criminal offence or criminal case is considered by the court - until the end of criminal proceedings;

2. it has been convicted of a criminal offense - until completion of sentence or release from punishment;

3. his departure contradicts interests of maintenance of national safety of Ukraine - till the termination of the circumstances preventing departure.

Departure from Ukraine of a foreigner or person without citizenship can be the decision of the court temporarily deferred pending the fulfilment of property obligations to physical and legal entities in Ukraine, unless otherwise stipulated by international treaties of Ukraine.

Responsibility of foreigners and persons without citizenship

Illegal migrants and other foreigners and persons without citizenship, who committed crimes, administrative or other offences shall be liable in accordance with the law.

If a foreigner or persons without citizenship there is no grounds for temporary residence or for temporary stay in Ukraine, the duration of their stay is reduced.

The decision on reduction of term of temporary stay of foreigners and stateless persons on the territory of Ukraine is adopted by the Central Executive authority that implements the state policy in the sphere of migration, or bodies of security Service of Ukraine. 

Voluntary return of foreigners and persons without citizenship

Foreigners and persons without citizenship, not having legal grounds for stay in Ukraine or who can not fulfill the obligation of leaving Ukraine, not later than the date of expiry of the relevant period of their stay in the absence of funds or loss of passport can voluntarily return to their country of origin or a third country, including with the assistance of international organizations.

The decision on voluntary return of foreigners and persons without citizenship is taken by the Central Executive authority that implements the state policy in the sphere of migration, at the request of the foreigner and stateless persons on voluntary return.

In the case of a decision on the voluntary return of the foreigner and the stateless person shall be issued a certificate about the person, voluntarily returned. This certificate is the basis for the temporary stay of foreigners and stateless persons on the territory of Ukraine for the period until the completion of the procedure of voluntary return. In case of termination procedures voluntary return of such certificate is withdrawn or invalidated.

The duration of the procedure, voluntary return should not exceed 60 days.

In the case of a decision on voluntary return of a foreigner or stateless person under eighteen years of age, it must be established that in the case of a voluntary return of such person returns to one of the members of the family or guardian. 

Forced return (Deportation) of foreigners and persons without citizenship

A foreigner or stateless person can be forcibly returned to their country of origin or a third country if their actions violate the law on legal status of foreigners and stateless persons or are contrary to the interests of national security of Ukraine or protection of public order, or if it is necessary for the protection of health, rights and legitimate interests of citizens of Ukraine on the decision of the Central Executive body that ensures implementation of state policy in the sphere of migration, organ of the security Service of Ukraine or on state border protection (against foreigners and stateless persons, detained them within controlled border areas during attempt of or after illegal crossing of the state border of Ukraine) with subsequent message within 24 hours to the Prosecutor on the grounds of such decision. In the decision on forced return shall specify the period during which a foreigner or a stateless person must leave Ukraine. The specified period must not exceed 30 days from the date of the decision.

The decision on forced return of foreigners and persons without citizenship 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 of such decision.

One of the copies of the decision on forced return of foreigners and persons without citizenship is issued to a foreigner or person without citizenship in respect of which it is made. The decision shall specify the grounds for its adoption, the appeal and the consequences of failure. The form of the decision on forced return of foreigners and persons without citizenship approved by the joint order of the Ministry of internal Affairs of Ukraine, security Service of Ukraine and Central Executive authority ensuring formation of state policy in the sphere of protection of the state border.

The decision on forced return may be appealed in court.

A foreigner or a stateless person must leave the territory of Ukraine within the period specified in the decision on forced return.

With the aim of monitoring the implementation of the foreigner and the person without citizenship the decision on forced return, officials of state border guard or the Central Executive authority that implements the state policy in the sphere of migration, may accompany such a foreigner and persons without citizenship on the territory of Ukraine.

In the case of a decision on forced return of the passport document of a foreigner or person without citizenship a visa is cancelled and confiscated documents confirming the legal grounds of stay in Ukraine.

Forced return does not apply to foreigners and stateless persons under 18 years of age, foreigners and stateless persons who are subject to the law of Ukraine "On refugees and persons in need of complementary or temporary protection". 

Forcible expulsion of foreigners and persons without citizenship.

The Central body of Executive power that ensures implementation of state policy in the sphere of migration, bodies of state border protection (against foreigners and stateless persons, detained them within controlled border areas during attempt of or after illegal crossing of the state border of Ukraine) or bodies of security Service of Ukraine may be only on the basis of recommendations made in their claim decisions of the administrative court forcibly expel from Ukraine a foreigner and a stateless person, if they have not complied with within the prescribed period without valid reason the decision on forcible return or if there are reasonable grounds to believe that the foreigner or the stateless person will evade the execution of such decisions, except for cases of detention of a foreigner or stateless person for illegal crossing of the state border outside the checkpoints across the state border of Ukraine and their transmission to border authorities of the neighboring state.

The court's decision on forced expulsion of foreigners and persons without citizenship may be appealed in the manner provided by law.

The Central body of Executive power that ensures implementation of state policy in the sphere of migration, or on the protection of the state border on the basis of the relevant decision with the subsequent message within 24 hours of the Prosecutor of the places of foreigners and stateless persons mentioned in part one of this article, in points of temporary stay of foreigners and persons without citizenship staying illegally in Ukraine.

Foreigners and persons without citizenship are situated in places of temporary stay of foreigners and stateless persons illegally staying on the territory of Ukraine, during the period necessary for the execution of the court decision on forced expulsion, but not more than twelve months.

The court's decision on forced expulsion of a foreigner or person without citizenship is executed by the Central Executive authority that implements the state policy in the sphere of migration and on foreigners and stateless persons, detained them within controlled border areas during attempt of or after illegal crossing of the state border of Ukraine - on protection of the state border.

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