Appeal Deportation from Ukraine

For which violations of the law can a person be deported from Ukraine?

Deportation of foreign nationals from Ukraine may occur in the following cases:

• Actions of a foreign national that violate legislation governing the legal status of foreigners and stateless persons, for example, illegal stay in Ukraine.
• Actions that are contrary to the interests of Ukraine’s national security or public order.
• Deportation may be applied where it is necessary to protect public health.
• Protection of the rights and lawful interests of Ukrainian citizens may also serve as grounds for deportation of a foreign national.

The most common situations that lead to deportation from Ukraine involve serious violations of public order, such as:

• Illegal stay in the territory of Ukraine, i.e., without a residence permit, with an expired or cancelled residence permit, an expired or cancelled visa, or due to overstaying the permitted period for citizens of visa-free countries. Deportation may also occur where residence in Ukraine is based on false declarations, for example in cases of sham marriage, studies, employment, volunteering, etc.
• Unofficial (illegal) employment.
• Conducting business activities without proper registration and tax accounting.
• Committing a series of administrative offenses that make a person dangerous to society, for example repeated traffic violations.
• Failure to pay outstanding debts to the Government of Ukraine or other entities in Ukraine.
• Being subject to sanctions imposed by Ukraine.
• Commission of a criminal offense.
• Other situations in which the laws of Ukraine are violated.

A final and unchallenged deportation decision results in the foreign national losing the right to apply for an extension of stay in Ukraine, a temporary residence permit, an immigration permit, or a permanent residence permit. In addition, such a person may not apply for the acquisition, admission to, or registration of Ukrainian citizenship.

The deportation process in Ukraine usually begins when state authorities determine that a foreign national has committed an administrative offense. However, not every administrative violation automatically leads to deportation.

Ukrainian legislation provides for administrative expulsion of foreign nationals only in cases of serious violations of the law.

The Code of Ukraine on Administrative Offenses contains a number of provisions addressing serious violations committed by foreign nationals.

Article 203 — Violation of the Rules of Stay in Ukraine and Transit through the Territory of Ukraine provides for:

• Violation of the rules of stay in Ukraine, such as residing without documents granting the right to stay, or with invalid or expired documents. This also includes employment without a permit where such a permit is required by law, failure to comply with relocation or change-of-address procedures, evasion of departure from Ukraine after the permitted period of stay has expired, failure to remain at the designated place of study or work for a required period after entry into Ukraine, as well as violations of transit rules through Ukraine.
• Non-compliance with Ukraine’s immigration policy, residence with invalid or expired documents, or overstaying the permitted period of stay identified at the time of crossing the state border of Ukraine.

Article 204-1 concerns illegal crossing or attempted illegal crossing of the State Border of Ukraine, including:

• Crossing or attempting to cross the state border of Ukraine outside official checkpoints, without the required documents, using forged documents, documents that do not confirm identity, or without authorization from the competent authorities.

Article 204-2 concerns violations of the procedure for entry into and exit from the temporarily occupied territory of Ukraine.

Deportation from Ukraine may be carried out in two ways; accordingly, there are two types of deportation decisions:

1. Forced return from Ukraine: This type of deportation involves an order issued by the authorities requiring a foreign national to leave the country within 1 to 30 days. In other words, the foreign national is granted a period to depart the country (the so-called “departure corridor”).
2. Forced expulsion: This type of deportation is associated with administrative detention and placement in a detention facility for irregular migrants. In such cases, the foreign national is compelled to leave the country after the application of administrative arrest and detention.

Most deportation cases are initiated by the State Migration Service of Ukraine when its officers identify violations of the rules of stay in Ukraine.

Before carrying out deportation, the authorities verify whether the violator has the right to extend stay in Ukraine.

Despite the fact that a foreign national may be found in violation of the rules of stay in Ukraine (for example, overstaying the permitted period), the state authorities considering deportation are obliged to conduct an interview with the foreign national and examine their personal circumstances in order to identify possible grounds for non-deportation. This may include cases where the person has family ties in Ukraine, has the right to immigration or citizenship, or has submitted an application for asylum.

If no grounds for extending the stay in Ukraine are identified, the authority adopts a deportation decision. This decision must specify the period within which the foreign national is obliged to leave Ukraine. Such period may not exceed 30 days from the date the decision is issued.