Visit Ukraine - What liability can foreigners incur for violating Ukrainian migration legislation?

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27 Apr. 2024

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What liability can foreigners incur for violating Ukrainian migration legislation?

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What provisions of migration law may be violated by foreigners?
What is the responsibility for violating migration laws?

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What liability can foreigners incur for violating Ukrainian migration legislation?

Migration legislation defines not only the rights and obligations of foreign citizens and stateless persons in Ukraine, but also the penalties for non-compliance with the established norms. Find out what liability for violations is provided by the law of Ukraine

Legal assistance on entry and stay in Ukraine

Legal assistance on entry and stay in Ukraine

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Liability for violations of administrative, legal or criminal regulations by foreign citizens and stateless persons is regulated on a general basis. At the same time, the issues of entry and stay in Ukraine are regulated by the migration legislation of Ukraine.

We will tell you what norms may be violated by foreigners and what liability for violation of migration legislation is provided for in Ukraine.

What provisions of migration law may be violated by foreigners?

In general, foreigners may be held liable in case of violation of the following rules:

1. Illegal crossing or attempting to illegally cross the state border of Ukraine.

2. Violation of the procedure for employment, admission to study, provision of housing, registration of foreigners and stateless persons and execution of documents for them (for example, illegal labor, lack of residence registration, submission of deliberately false information when submitting documents, etc.)

3. Violation of the procedure for entry and exit to/from the temporarily occupied territory.

4. Failure to comply with a decision on an entry ban (we have described in detail how to appeal such a ban in a legal manner in this article).

5. Violation of the established rules of stay and transit through the territory of Ukraine.

It should be noted that the most common violations are: non-compliance with the terms of stay in the country and untimely execution of documents for the extension of the term of stay.

As a general rule, foreigners and stateless persons may stay in Ukraine for no more than 90 days within 180 days or for the period allowed by the visa. The period of stay of persons holding a residence permit in Ukraine is determined by the relevant document (i.e., the validity period of the temporary or permanent residence permit).

At the same time, one of the most common categories of persons is foreigners who have joined the Armed Forces of Ukraine and signed a contract. Such persons do not apply for a residence permit, and their contract and military ID card are the basis for their legal stay in the country. We have described in detail how to obtain an immigration permit to Ukraine after the expiration of a contract with the Armed Forces of Ukraine in this article.

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What is the responsibility for violating migration laws?

In general, there are several types of liability for violation of migration laws: a fine, a ban on entry, forced return to the country of origin, refusal to cross the border, and forced expulsion.

The type of penalty or the amount of the fine may vary, as the circumstances of the case and the type of offense, whether the person has been held administratively liable before, how many days the rules were violated, etc. will be taken into account when bringing the person to justice.

Forced expulsion (deportation) can be carried out only on the basis of a court decision. The entry ban after expulsion is usually valid for five years.

The decision to forcibly return a person is made at the level of the territorial bodies of the Security Service, border and migration services. The decision specifies the reasons, the procedure for returning the person, the deadline for appealing the decision, and the period within which the person must leave Ukraine (usually up to 30 days).

If you have any additional questions or need expert assistance on migration issues, please contact Visit Ukraine lawyers. You can order a specialist consultation or full legal support by following this link.

For more information, please contact the Visit Ukraine hotline (Telegram | WhatsApp).

Read this article to find out what documents confirm the right to legal stay of foreign citizens in Ukraine and how to obtain them.

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

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Visit Ukraine Tours – the largest online database of tours to Ukraine for every taste;

Visit Ukraine Hotels – hotels for a comfortable stay in Ukraine;

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About us

VisitUkraine.Today is a service portal for tourists traveling to Ukraine and Ukrainians planning a trip abroad.

On the portal you can order the following products/services:
• medical insurance for entry into Ukraine with coverage of military risks;
• travel and health insurance for leaving the country;
• legal advice (professional legal support on visa and migration issues);
• Green Card - compulsory car insurance for traveling abroad

To order, you need to fill out an electronic form and make a payment, after which the finished insurance document will be sent to the specified e-mail within 30 minutes.

The website also contains the necessary and most up-to-date information on:
• rules of crossing the Ukrainian border by foreign citizens;
• rules of entry of Ukrainians to 200 countries of the world for tourism, work (business), study or immigration purposes;
• visa information.

All information on the website is updated daily and is available in three languages - Ukrainian, English and Russian.

Customer support (English speaking) is available - online chats (around the clock) and a call center (08:00-21:00 Kyiv time) - if you need clarification of the information provided or prompt assistance in resolving problems and misunderstandings related to ordering.

The portal was developed by the Ukrainian organization Visit Ukraine.
VisitUkraine is a public union that, since 2018, has been engaged in the promotion and popularization of Ukrainian tourism on the domestic and foreign markets, but the war made its adjustments. Now we are working on the information front.

In addition to the help portal, we have created several other projects:

Visit Ukraine Tours is the largest online database of tours to Ukraine for every taste.
Visit Ukraine Merch – patriotic clothing and accessories with worldwide delivery.
Cooperation – cooperation and advertising integrations with the Visit Ukraine and Visit World projects.
Visit Ukraine Tickets- purchase tickets for several types of transport - buses, trains (in Ukraine and Europe) and flights (in Europe)
Visit Ukraine Hotel is a search engine where you can easily and affordably book a hotel in a number of Ukrainian cities.
Visit Ukraine Donate is a charity project that organizes fundraisers to support Ukrainians and the needs of the military. Anyone can donate any amount in a convenient way from anywhere in the world. Let's bring victory closer together!

We transfer 25% of the proceeds from the sale to the Armed Forces and aid to Ukrainian refugees.

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FAQ

- - What COVID documents do I need to have with me when entering Ukraine now?
    On July 1, 2023, the Ukrainian authorities lifted the quarantine and other restrictions imposed due to the COVID-19 pandemic. From now on, you do not need to provide proof of vaccination, a negative PCR test result or wear a protective mask to enter Ukraine.
  - Is it safe to visit Ukraine during the war?
    Recently, the number of foreign travelers has increased in Ukraine. They visit the country for various purposes: volunteering, participating in humanitarian programs, filming reports or documentaries, setting up a business, etc. There are currently no cities in Ukraine that are completely safe. And although the main fighting is concentrated in the eastern and southern parts of Ukraine, the entire country is subject to regular rocket attacks.
  - What are your safety recommendations before traveling to Ukraine?
    Here are some important tips:
    • Make electronic copies of all documents and save them on your electronic device so that you always have access to them.
    • Find out in advance the curfew time in the region where you are going.
    • Install the Air Alert app on your smartphone and, upon receiving the signal, immediately go to the nearest shelter. You should also do the same if you hear the corresponding signal on the street.
    • When choosing a hotel, consider the availability of bomb shelters.
    • Inform your family and friends about your route and keep in touch with them.
    • Take out health insurance with extended coverage.
    Do foreigners need to register their stay in Ukraine?
    No, if the period of stay in the country is no more than 90 days. If a foreigner arrives for a period longer than 90 days, in this case, he or she needs a temporary or permanent residence permit, as well as registration at the place of residence.
    Can I enter Ukraine with an expired residence permit?
    Yes. Foreigners (except for citizens of the Russian Federation) and stateless persons have the right to enter and legally stay in Ukraine if they have a temporary or permanent residence permit that has expired or is subject to exchange after February 24, 2022.
    How to enter Ukraine with pets?
    Currently, entry to Ukraine with pets is subject to a simplified procedure. Pet owners must provide the following documents to customs:
    • a veterinary passport of the European standard or a certificate of animal health;
    • proof of valid rabies vaccination;
    • a document on the animal's chipping.
    How do I enter Ukraine with my own car with foreign registration?
    Foreign citizens can import cars with foreign license plates into the territory of Ukraine exclusively for their own use. To cross the border in a car with foreign registration, you need the following documents:
    • foreign passport;
    • driver's license;
    • certificate of registration for the car with valid insurance;
    • international automobile insurance card "Green Card".
    Important: foreign nationals with a residence permit in Ukraine may import a car with foreign license plates for their own use after a written declaration and payment of customs duties.
    What happens to foreigners and stateless persons who are not allowed to enter Ukraine?
    Foreigners and stateless persons who are not allowed to enter Ukraine, when attempting to enter Ukraine at a checkpoint across the state border of Ukraine, do not cross the state border of Ukraine and return as soon as possible to the state from which they came or to the state that issued their passport document. If it is not possible to return a foreigner or stateless person immediately, they stay at the checkpoint across the state border of Ukraine until their return.
    What should I do if I have been banned from entering Ukraine?
    If you become aware of a ban on entry to Ukraine while trying to pass passport control at the border of Ukraine, you should politely ask for a decision to refuse to cross the border, indicating the specific reason for the entry ban. You can appeal the decision to deny entry within 30 days from the date of familiarization with it. It is strictly forbidden to argue with border guards or violate the rules of stay at the checkpoint, otherwise you may be held administratively liable. You should remember the rules of staying at the checkpoint.
  Insurance policy
  Is insurance required to enter Ukraine?
  All foreign citizens are required to have an insurance policy covering the costs of Covid-19 treatment in Ukraine.
  For how long do I have to take out an insurance policy?
  According to the Resolution of the Cabinet of Ministers of Ukraine No. 1236, an insurance policy must be issued for the entire period of stay in Ukraine. The minimum period is not specified.
  Where can I get acquainted with the terms of the insurance contract?
  You can familiarize yourself with the terms and conditions of the insurance contract on our website in the section on insurance policy issuance.
  Is it necessary to buy an insurance policy for children?
  Yes, if a child has foreign citizenship, regardless of age, he or she must have an insurance policy for the entire period of stay in Ukraine.
  I am a foreign citizen, can I buy a policy in Ukraine?
  No, the insurance policy must be presented at the border control.
  What is war risk insurance and what war risks does it cover?
  This policy guarantees monetary compensation in the event of an accident as a result of military operations, passive military risks, terrorist acts, including emergency care, outpatient treatment, hospitalization and repatriation of the insured person (or his/her body in case of death) from the place of stay to the place of his/her permanent residence.
  Who can take out insurance?
  The insurance policy applies to foreign nationals, citizens of another state and stateless persons. There are no age restrictions: minors and people over 70 can buy insurance. In addition, insurance is mandatory for journalists, reporters, correspondents, opinion leaders, and media representatives. This is enshrined in the Law of Ukraine on Insurance (Article 7).
  What is the territory covered by the insurance policy covering war risks?
  The insurance policy is valid on the territory of Ukraine, except for the temporarily occupied territories of Luhansk, Donetsk, Kherson and Zaporizhzhia regions and the Autonomous Republic of Crimea, as well as the territories of direct combat operations (front line).
  Are there any restrictions on the validity period of the insurance policy covering war risks?
  The insurance contract comes into force from the moment the insurance premium is paid in full, but not before the date and time of crossing the state border of Ukraine. You choose the duration of the insurance - it depends on the number of days of your stay in Ukraine.
  I can't pay for the insurance, what should I do?
  If your payment fails, we recommend contacting your bank, as they often do not trust payment systems. You need to confirm that it is you who is making the transaction.
  I have taken out insurance, but I have not received a code. What should I do?
  In this case, we advise you to reload the page, clear the cache, change the language on the page, or use a different browser.
  What should I do if the policy does not arrive at the specified mail for more than 30 minutes?
  Please contact the hotline and provide the data that was specified when applying for insurance.
  Do I need to print out the electronic policy?
  You do not need to print out the electronic insurance policy. It is enough to save it to your phone or tablet to always have access to the document and present it to border control representatives.
  What should I do if I have purchased a policy but my trip is canceled?
  Please inform the portal hotline about the reasons for the trip cancellation and we will be happy to reschedule the dates for you.
  What should I do if I provided incorrect data when applying for an insurance policy?
  You can always contact the portal hotline and we will make the necessary changes to the insurance policy free of charge and promptly.