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 agreements of Ukraine.

A foreigner is a person who is not a citizen of Ukraine and is a citizen (subject) of another state or states.

Foreigners and stateless persons temporarily staying on the territory of Ukraine –  foreigners and stateless persons staying on the territory of Ukraine for the duration of a visa or for the period established by the legislation or international agreement of Ukraine, or if the period of their stay on the territory of Ukraine has been extended in accordance with the established procedure.

A temporary residence permit is a document that certifies the identity of a foreigner or stateless person and confirms the legal grounds for temporary residence in Ukraine.

Foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms and bear the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws, or international agreements of Ukraine.

Foreigners and stateless persons who have arrived in Ukraine for the purpose of studying and have obtained a temporary residence permit are considered to be legally staying in Ukraine for the period of study.

Liability of Foreigners and Stateless Persons

Illegal migrants and other foreigners and stateless persons who have committed a crime, administrative or other offences shall be held liable in accordance with the law.

If a foreigner or stateless person does not have grounds for temporary residence or temporary stay in Ukraine, the period of their stay is shortened.

The decision to shorten the period of temporary stay of a foreigner and stateless person on the territory of Ukraine is made by the central executive body that implements the state policy in the field of migration or by the Security Service of Ukraine.

Voluntary Return of Foreigners and Stateless Persons

Foreigners and stateless persons who do not have legal grounds for staying in Ukraine or who are unable to fulfil the obligation to leave Ukraine, no later than the day of expiry of the relevant period of their stay due to lack of funds or loss of a passport document, may voluntarily return to their country of origin or a third country, including with the assistance of international organizations.

The decision on the voluntary return of foreigners and stateless persons is made by the central executive body that implements the state policy in the field of migration, upon the application of a foreigner or stateless person for voluntary return.

In case of a decision on voluntary return, a foreigner and a stateless person is issued a certificate of voluntary return. This certificate is the basis for the temporary stay of a foreigner and stateless person on the territory of Ukraine for the period until the voluntary return procedure is completed. In case of completion of the voluntary return procedure, this certificate is withdrawn or declared invalid.

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

If a decision is made to voluntarily return a foreigner or stateless person under the age of eighteen, it must be clarified that in the event of voluntary return, such a person will return to a family member or guardian.

Forced Return of Foreigners and Stateless Persons

A foreigner or stateless person may be forcibly returned to their country of origin or a third country if their actions violate the legislation on the legal status of foreigners and stateless persons or are contrary to the interests of ensuring the national security of Ukraine or the protection of public order, if it is necessary for the protection of health, rights and legitimate interests of citizens of Ukraine by the decision of the central executive body that ensures the implementation of the state policy in the field of migration, the Security Service of Ukraine or the state border protection body (in respect of foreigners and stateless persons detained by them within the controlled border areas during an attempt or after the illegal crossing of the state border of Ukraine), with further notification within 24 hours to the prosecutor of the grounds for such a decision. The decision on forced return shall specify the period within which the foreigner or stateless person must leave Ukraine. This period should not exceed 30 days from the date of the decision.

A decision on the forced return of foreigners and stateless persons may be accompanied by a ban on further entry into Ukraine for a period of three years. The term of the ban on further entry into Ukraine is calculated from the date of such a decision. The Cabinet of Ministers of Ukraine determines the procedure for implementing a decision to ban further entry into Ukraine.

One of the copies of the decision on the forced return of foreigners and stateless persons is issued to the foreigner or stateless person in respect of whom it was made. The decision shall specify the grounds for its adoption, the procedure for appealing, and the consequences of non-compliance. The form of the decision on the forced return of foreigners and stateless persons is approved by a joint order of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, and the central executive body responsible for the formation of state policy in the field of state border protection.

The decision on the forced return may be appealed in court.

A foreigner or stateless person is obliged to leave the territory of Ukraine on their own within the period specified in the decision on forced return.

In order to control the implementation by a foreigner and a stateless person of a decision on forced return, officials of the state border protection agency or the central executive body implementing the state policy in the field of migration may accompany such a foreigner and a stateless person through the territory of Ukraine.

In case of a decision on forced return, the visa of a foreigner or stateless person is cancelled in the passport document and documents confirming the legal grounds for staying in Ukraine are seized.

Forced return does not apply to foreigners and stateless persons under the age of 18, to foreigners and stateless persons covered by the Law of Ukraine “On Refugees and Persons in Need of Additional or Temporary Protection”.

Forced Expulsion of Foreigners and Stateless Persons

The central executive body that ensures the implementation of the state policy in the field of migration, state border protection bodies (in relation to foreigners and stateless persons detained by them within the controlled border areas during an attempt or after an illegal crossing of the state border of Ukraine) or the bodies of the Security Service of Ukraine may, only on the basis of an administrative court decision issued at their request, forcibly expel a foreigner and a stateless person from Ukraine if they have failed to comply with the decision on forced return within the established time limit without good reason or if there are reasonable grounds to believe that the foreigner or stateless person will evade the execution of such a decision, except in cases of detention of a foreigner or stateless person for illegal crossing of the state border of Ukraine outside the checkpoints across the state border of Ukraine and their transfer to the border authorities of a neighbouring state.

A court decision on the forced expulsion of foreigners and stateless persons may be appealed in accordance with the procedure prescribed by law.

The central executive body that ensures the implementation of the state policy in the field of migration or the state border protection body, on the basis of a relevant decision with subsequent notification within 24 hours of the prosecutor, accommodates foreigners and stateless persons in temporary accommodation centres for foreigners and stateless persons who are illegally staying on the territory of Ukraine.

Foreigners and stateless persons stay in temporary accommodation centres for foreigners and stateless persons illegally staying on the territory of Ukraine for the period necessary to execute a court decision on forced expulsion, but not more than twelve months.

A court decision on the forced expulsion of a foreigner or stateless person is enforced by the central executive body that implements the state policy of migration and in respect of foreigners and stateless persons detained by it within the controlled border areas during an attempt or after an illegal crossing of the state border of Ukraine – by the state border protection body.