A foreigner may not be allowed to enter the territory of Ukraine and a previously obtained visa may be canceled. Find out what to do in such cases, how to appeal the ban, and why you may be denied entry to Ukraine

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A thorough check of foreigners' documents has always been mandatory when crossing the Ukrainian border. However, the full-scale war has led to increased scrutiny of everyone who wants to visit Ukraine.

Despite the martial law, foreign citizens come to Ukraine for various purposes: business trips, education, or tourism. However, the Migration Service of Ukraine may refuse entry to a foreigner. Read what may be the grounds for an entry ban and where foreigners can get legal advice on migration issues.

General rules for foreigners entering Ukraine

The rules for crossing the border are regulated by the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" and the Verkhovna Rada resolution on the rules for entry of foreigners and stateless persons into Ukraine.

According to these regulations, employees of the State Border Guard Service of Ukraine are authorized to grant a foreigner permission to cross the state border.

To enter Ukraine, a foreigner must have a valid passport and visa (if required by law). We also recommend that you prepare proof of the purpose of your stay and sufficient money to cover your expenses. Read more about the entry rules and required documents here.

However, Ukraine is not open to everyone. Indeed, there is an exhaustive list of grounds on which a foreigner will not be allowed to enter the country.

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Who will not be allowed to enter Ukraine?

The decision to ban entry can be made directly at the checkpoint. As stated in the Law "On the Legal Status of Foreigners and Stateless Persons," the following persons will be refused entry to Ukraine:

● Those who may threaten the security of Ukraine;

● with a forged or damaged passport or visa

● who violated the legislation of Ukraine during their previous stay in the country

● who may be carriers of an infectious disease identified by the relevant health care authority;

● without sufficient financial support for staying in Ukraine.

Currently, entry to the temporarily occupied territory of Ukraine or to the combat zone outside the entry-exit control points is also restricted.

For a full list of factors that affect the entry into the country, please read here.

We would like to add that after receiving a refusal, the Border Guard Service may cancel the visa and will also put a mark on the entry ban for a certain period of time. Information about a foreigner or stateless person who, in accordance with the legislation of Ukraine, does not have the right to enter Ukraine or temporarily restricts the right to leave Ukraine, is entered into the relevant state information database.

Received a ban on entry to Ukraine: what to do?

If a person has received an entry ban, there is no need to be disappointed, as any decision can be appealed. The decision of the territorial body of the State Migration Service of Ukraine can be appealed both administratively by filing a complaint directly with the State Migration Service and in court. 

The main rule is to politely ask the border guard to issue a decision to refuse to cross the border with a specific reason. Such a decision is necessary to appeal the ban. Please note that filing an appeal against the ban does not immediately cancel the ban!

Tip: do not argue or violate the rules of behavior at the border crossing point. If the behavior does not satisfy the employee of the checkpoint, the person may be brought to administrative responsibility. 

Those persons who are not allowed to enter Ukraine must immediately return to the country of origin. If this is not possible, foreigners may stay at the checkpoint until they have the opportunity to return.

Remember that an attempt to illegally cross the border will result in either forced return to the country of previous residence or criminal liability. At the same time, the law provides for certain situations when a foreigner cannot be expelled from Ukraine. Persons facing danger, the death penalty, torture, imprisonment, etc. are not subject to forced return.

How to appeal a ban on entry to Ukraine?

From the date of receipt of the decision to refuse, the person submits a complaint directly to the SMS, such a complaint must be filed within 30 days from the date of familiarization with the decision to refuse. The complaint must set out the circumstances with which you disagree and provide evidence to support these circumstances.

The complaint is considered within thirty calendar days from the date of its receipt. The term may be extended by fifteen calendar days if necessary. The person is notified of the extension and the decision by an official letter. If the SMS refuses to satisfy the complaint, you can go to court.

If you have faced migration problems, need expert advice before coming to Ukraine, or have received an entry ban, order a legal consultation. Visit Ukraine's team of migration law specialists will help you solve your urgent problems and guarantee that:

1. Expert knowledge in immigration law and complex migration disputes.

2. Professional advice and support on issues of legal stay.

3. Preparation and submission of the necessary documents (for legal entry/stay/revocation of entry ban, etc.)

4. Representation of interests before migration authorities and in court.

5. Maximizing your opportunities to successfully appeal decisions of the migration authorities.

Read more about the services you can get here.

We remind you! Traveling to Ukraine, and especially moving to Ukraine, is primarily associated with a large number of issues. Read all about the rules, documents, prohibitions and restrictions, as well as tourism and life in Ukraine for foreigners in our previous article.

Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.

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