A foreigner or stateless person may be required to leave Ukraine. The law distinguishes two decisions, and the consequences and appeal deadlines depend on which one was taken.
Forced return
The decision is taken by the State Migration Service, the State Border Guard Service or the Security Service (Article 26 of the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons"). The foreigner must leave on their own within the set period — usually up to 30 days. An entry ban is usually imposed together with the decision.
Forced expulsion (deportation)
Applied when a person is detained for illegally crossing the border, there are grounds to believe they will evade return, or a return decision has not been complied with (Article 30 of the same Law). The person may be placed in a temporary holding centre for foreigners for up to 18 months and removed under escort. Further entry is banned for 5 years, added to any earlier ban.
Most common grounds
- an expired stay or residence permit, staying without documents;
- working without the required permits;
- violating transit or residence registration rules;
- illegal border crossing;
- committing an offence or crime.
How to defend yourself
- Obtain a copy of the decision and the case file — through a lawyer's request to the authority that issued it.
- Forced return and expulsion decisions are challenged in court. Such cases are heard on a fast track — within 10 days, an appeal also takes 10 days, and no court fee is charged (Article 288 of the Code of Administrative Procedure). Go to court as soon as possible.
- If you face danger in your country of origin, an application for refugee status or complementary protection suspends expulsion until it is decided.
The best protection is having your documents in order on time: residence permit, work permit, residence registration.
Law text: Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (Articles 26, 30).