VIOLATION OF TERMS OF STAY IN UKRAINE. ANSWERS TO ACTUAL QUESTIONS

Responsibility for foreigners in Ukraine was tightened in cases of violation of migration legislation of Ukraine in 2018. We already wrote about this earlier in the article. [https://legal-maximum.com/en/blog/narushenie-migratsionnogo-zakonodatelystba-i-srokob-prebibaniya-b-ukraine-uzhestochenie-administratibnoy-otbetstbennosti-s-aprelya-2018/]

One of the most frequently violated laws by foreigners in Ukraine is legal terms of stay. Our company regularly receives inquiries and calls from foreigners with questions regarding liability for such a violation. Below we will provide answers to the most relevant questions on this topic.

 

  • How much can I legally reside in the territory of Ukraine?

If you are from a country with a visa-free entry procedure (CIS countries: Belarus, Russia, Armenia, Kazakhstan, etc.; European countries: Germany, Italy, Estonia, etc.) - no more than 90 days over 180 days.

For countries with visa order entry (India, Iraq, etc.) - no more than the period specified in the visa and the period of validity of the visa.

 

  • How to calculate the deadlines set in Ukraine for visa-free countries?

It is necessary to count back 180 days from the day of control (the day on which it is necessary to determine the legality of the stay of a foreigner in Ukraine - that is, the current date, and not the date of the last entry). You did not break the rules if you were in Ukraine for no more than 90 calendar days in this period. The balance of legitimate days is calculated by a simple calculation: 90 minus the number of days spent in Ukraine.

 

  • What is the responsibility for a foreigner if the terms of stay in Ukraine are violated? Who and how can bring me to justice?

When entering or leaving Ukraine or when executing documents by foreigners in Ukraine, state bodies, namely, territorial bodies of the State Migration Service and at the border crossing points of Ukraine (airport, railway, etc.), check legal terms of stay of a foreigner in Ukraine.

If the fact of violation of the terms of stay in Ukraine is revealed in the migration authorities, then you will be brought to administrative responsibility not only you, but also the receiving party (for example, the second spouse or the owner of the housing where you live). You will be fined from UAH 1,700 to UAH 5,100, and the receiving party - from UAH 1,700 to UAH 3,400.

If the fact of violation of the terms of stay in Ukraine will be revealed when leaving Ukraine at checkpoints, the penalty will be issued on the basis of the protocol only to you. Such penalty will need to be paid within 15 days.

 

  • What happens if I do not pay the penalty?

If you do not pay the penalty within the specified period, you will be banned from entering Ukraine for 3 years. If the ban to ignore and still try to cross the border of Ukraine - may additionally prohibit entry for another 10 years.

 

  • If I pay the penalty and leave the country, can I come to Ukraine again the next day?

No. In cases of violation of terms of stay, in addition to the obligation to pay a fine, you should also be outside Ukraine for at least 3 months.

 

  • Can I legally stay in Ukraine for a longer period than 90 days for 180?

For legal stay in Ukraine for a period of more than 90 days, you should get for a temporary residence permit (if you have a legal basis). It should be noted that in case of violation of the terms of stay in Ukraine even for 1 day, it does not give you the right to apply for a temporary or permanent residence permit, as well as permission for immigration or citizenship of Ukraine.

It is possible only to extend for a short period the length of stay with good reasons for this, which do not allow to leave Ukraine. In this case, an application for extension of the period of stay should be no earlier than 10 and no later than 3 working days before the end of such a period.

 

  • What can be the grounds for extending the period of stay in Ukraine and how much can I extend the period of my stay in Ukraine?

Reasons for extension of stay in Ukraine have to be documented. Such grounds may be treatment, pregnancy or childbirth, registration of inheritance, care for a sick close relative, filing an application for obtaining immigrate permit or obtain citizenship of Ukraine. And on the basis of supporting documents, the migration service authorities extend the length of stay in each case individually. Most often, this period does not exceed 3 months.

 

  • it is possible to extend the length of stay, can they shorten it?

Of course. The length of stay in Ukraine is reduced in cases where there are no grounds for temporary stay, as well as a statement from the receiving party, the National Police body or the state border guard body. For example, you came to Ukraine for the purpose of employment, but you didn’t do it either, or you work without a properly issued work permit, or during your stay in Ukraine you have property obligations to individuals or legal entities. In such cases, state authorities oblige you to leave Ukraine within 3-5 days and ban entry for 3 years.

 

As part of this article, we introduced you to general questions about the length of stay in Ukraine. Do not forget that each situation is individual. To solve your case, and in order to avoid unpleasant situations, always refer to specialists.

 

Lawyer Inna Syrovatka