Extension of the Permitted Stay for Foreigners in Ukraine

A foreigner or stateless person who has reached the age of majority and has legal capacity, or the legal representative of an adult who lacks legal capacity, as well as the host party, has the right to file an application to extend the period of stay in Ukraine with the territorial body or unit of the State Migration Service at their place of stay. Such an application must be filed no later than three working days before the end of the established period of stay in Ukraine.

If a foreigner or stateless person files an application after the three-day deadline but before the end of the permitted period of stay, the application must be accompanied bydocuments are submitted confirming the valid reasons that prevented departure from Ukraine.

Where a foreigner or stateless person has already breached the established period of stay, the application is accepted after both the applicant and the host party have been held administratively liable.

The following documents are submitted with the application to extend the stay:

1. Documents confirming the grounds for further stay in Ukraine.
2. A valid passport document (or a document certifying a stateless person) and copies of its pages with personal data, translated into Ukrainian and notarised.
   • If a foreigner has dual or multiple citizenship — all passport documents are submitted.
3. Persons who served under contract in the Armed Forces of Ukraine, the National Guard or the State Special Transport Service, as well as certain categories defined by the Law “On Immigration”, may submit a passport that has expired if a new document can only be obtained in a country that has committed armed aggression against Ukraine or does not recognise its territorial integrity.
4. Passport of the host party — of an individual or a representative of a legal entity.
5. Documents on financial support confirming the availability of funds for the stay or corresponding guarantees from the host party.
6. A document on payment of the administrative fee or a document confirming exemption from its payment.

All foreign documents must be legalised or apostilled (unless otherwise provided by Ukraine’s international treaties) and translated into the state language with notarised certification of the translation.

If you have exceeded the permitted period of lawful stay in Ukraine, there are situations where it is still possible to carry out the extension procedure even without leaving and re-entering the country.

However, this is possible only if you have valid reasons for such an extension and provided that the application to the migration service is properly prepared. Assessing whether you have grounds to extend your stay without re-entering with a new visa requires an individual legal consultation with an experienced immigration lawyer.

Where a foreigner or stateless person files an application in breach of the deadlines but before the end of the established period of stay in Ukraine, the application must be accompanied by documents confirming the existence of grounds preventing their departure from Ukraine. If a foreigner or stateless person has breached the established period of stay in Ukraine, the application is accepted after the foreigner or stateless person and the host party have been held administratively liable.

It is recommended to engage a professional immigration lawyer experienced in this field to avoid difficulties and obstacles, secure your legal status, and mitigate any negative impact if you have already overstayed. Do not despair — even if you have already overstayed, there is always a way to find a solution that will be favourable to you.

Fine for overstaying in Ukraine

Exceeding the statutory period of stay in Ukraine, or failing to comply with the rules of residence or registration, may give rise to administrative liability under Article 203 of the Code of Ukraine on Administrative Offences (CUAO).

If a foreigner or stateless person has exceeded the permitted period of stay by no more than 30 days, or has breached the rules of transit through Ukraine, as well as the requirements for declaring or registering their place of residence (stay), — this entails a fine of 100 to 200 tax-free minimum incomes of citizens.

If the overstay exceeds 30 days, or the foreigner is residing in Ukraine without valid documents granting the right to stay (with expired, invalid or missing documents), — such a breach is punishable by a fine of 200 to 300 tax-free minimum incomes of citizens.

If a foreigner or stateless person, within a year, repeats the acts specified in parts one or two of this article after an administrative penalty has been imposed, — this entails a fine of 300 to 400 tax-free minimum incomes of citizens.

One tax-free minimum income of citizens in Ukraine amounts to 17 hryvnias, namely:

• fine 100–200 TFMI — from 1 700 up to UAH 3,400;
• fine 200–300 TFMI — from 3 400 up to UAH 5,100;
• fine 300–400 TFMI — from 5 100 up to UAH 6,800.

In the event of an overstay or expiry of documents confirming lawful stay in Ukraine, you should immediately contact a lawyer to agree on the procedure for legalising your status and to avoid a repeat fine or forced removal.

Liability of the host party for breach of’obligations regarding foreigners and stateless persons

The legislation of Ukraine establishes’obligations for persons or organisations that invite or host foreigners and stateless persons in Ukraine. Failure to fulfil these’obligations entails administrative liability under Article 205 of the Code of Ukraine on Administrative Offences (CUAO).

If the host party intentionally fails to take measures for the timely submission by the foreigner or stateless person of applications for documents granting the right to reside (stay) in Ukraine, or fails to notify within the prescribed period of the termination of the grounds for temporary residence or stay of such persons, — this entails the imposition of of the fine:

• on citizens — 50 to 100 tax-free minimum incomes of citizens;
• on officials — 100 to 200 tax-free minimum incomes of citizens.

If, within a year after an administrative penalty has been imposed, the person again commits the same acts, —
the fine is:

• for citizens — 100 to 150 tax-free minimum incomes of citizens;
• for officials — 200 to 300 tax-free minimum incomes of citizens.

Who is considered the host party
The host party is understood to mean:

• citizens of Ukraine,
• foreigners or stateless persons who permanently or temporarily reside in Ukraine,
• officials of enterprises, institutions, organisations (including representative offices of foreign or international companies),
• state authorities and local self-government bodies,

who have invited to Ukraine or host on their territory foreigners and stateless persons.

One tax-free minimum income of citizens equals 17 hryvnias, namely:

• fine 50–100 TFMI — from 850 up to UAH 1,700;
• fine 100–200 TFMI — from 1 700 up to UAH 3,400;
• fine 100–150 TFMI (repeat) — from 1 700 up to UAH 2,550;
• fine 200–300 TFMI (repeat, for officials) — from 3 400 up to UAH 5,100.

For host parties — both individuals and organisations — one must carefully observe the deadlines for filing applications to extend foreigners’ stay, and notify the State Migration Service of any changes in the status of invited persons (departure, termination of employment or rental relationships, etc.). This helps avoid fines and administrative problems.

When your application to extend your stay in Ukraine is being examined, officials of the State Migration Service of Ukraine will carefully check its compliance with the requirements. However, situations may arise where your application is rejected. Such cases include:

• The need to ensure national security or public order, where law enforcement authorities recommend not extending your lawful stay in Ukraine.
• The need to protect public health and the rights and legitimate interests of Ukrainian citizens and other persons, which may be recommended by other authorities.
• Detection of a forged, damaged or incorrectly issued national or travel passport, which may also belong to another person.
• Submission of knowingly false information or documents.
• Failure to comply with decisions of courts or bodies authorised to impose administrative penalties, or the existence of property obligations towards the state or other parties in Ukraine.
• Failure to comply with a previous removal decision or breach of a ban on further entry to Ukraine.
• Insufficient justification of the purpose of extending the stay in Ukraine.
• Insufficient financial support for the period of stay or insufficient guarantees from the host party.

A copy of the decision refusing an extension of stay in Ukraine, stating the grounds for such refusal, must be sent to the foreigner or stateless person no later than the next working day after it is adopted, to the email address they provided. A copy of the corresponding letter, containing the outgoing number and the date the refusal decision was sent, must be scanned and attached to the materials of the application for extension of stay in Ukraine using the SMS departmental information system.

A foreigner or stateless person has the right to re-apply to the territorial body or unit of the SMS within 10 calendar days of the date the decision refusing the extension of stay was adopted, if the circumstances that gave rise to the refusal have been changed or eliminated, provided that the periods of stay in Ukraine established by law are observed.