Return and expulsion of foreigners from Ukraine

Saturday April 22nd, 2017

Foreigners who are legally on the territory of Ukraine are subject to the rights and freedoms enjoyed by the citizens of our state, they have similar responsibilities, except as provided by applicable law.
Foreign citizens may reside in Ukraine during the period of validity of a visa, registration of a relevant residence permit, in cases stipulated by international agreements. In particular, the grounds for a foreigner to obtain a temporary residence permit are: arrival in Ukraine for legal employment; for training; to participate in the implementation of international projects; at the invitation of religious organizations accredited in Ukraine; for work in structural divisions, representations of foreign companies, banks; to carry out volunteer, cultural and educational activities, while working as a correspondent for a foreign media, in the case of arrival in Ukraine for family reunification.

However, when a foreigner loses the grounds for legal stay in Ukraine and evades leaving voluntarily, he acquires the status of an illegal migrant, to which the LCA, state border guards or the SBU may apply for forced return or expulsion.

Given the legally favorable climate of stay of foreigners on the territory of Ukraine and, perhaps, insufficient control of state bodies over the legality of stay of such persons in the country, it is not uncommon for foreigners to stay illegally in Ukraine for several years. ). And only after receiving a decision on return or expulsion do they start looking for ways to legalize their stay in Ukraine.
Compulsory return is applied in case of violation by a foreigner of the legislation determining the legal grounds for residence of a foreigner on the territory of Ukraine, if the foreigner’s actions pose a threat to national security, if it is necessary to protect the legal rights and interests of Ukrainian citizens.

Decisions on forced return are made by the authorized bodies with the obligatory notification of the prosecutor. The decision shall specify the period during which the foreigner is obliged to leave the territory of Ukraine. The decision is served on the foreigner, his passport is stamped with the date of return, and the documents that are the basis for legal stay – are withdrawn (visa is revoked). Such a decision may be appealed by a foreigner in court. The decision on return may additionally determine the period during which a foreigner is prohibited from entering the territory of Ukraine (within three years).
A foreigner is subject to forced expulsion if he evaded forced return and there are grounds to believe that such evasion is possible in the future. Expulsion is applied only on the basis of a court decision (administrative court decision). As a rule, when such a violator is detected, he is placed in a PTPI (temporary stay of foreigners). The period of stay in the PTPI cannot exceed 6 months. CAS of Ukraine also provides for the possibility of application by the court and other measures to prevent the escape of a foreigner – bail and bail. Persons subject to deportation are banned from traveling to Ukraine for a period of 5 years.

The legislator provided for reduced terms for consideration of this category of cases: claims related to forced return are considered on the day of application, claims for expulsion and appeal – within 5 days from the date of filing the claim. It should be borne in mind that appealing against decisions on forced return or expulsion does not suspend their execution, so I would recommend going to court to secure a lawsuit to suspend such a decision.
I would like to draw your attention to the fact that the return or expulsion procedure is suspended if a foreigner applies for refugee status or a person in need of additional protection.
Such persons have the right to legal assistance from a lawyer and a meeting with a representative of the diplomatic mission.

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