In this post (Part 1 of 3), you'll find all the answers on the legal status of foreigners and stateless persons as per the last edition dated March 26, 2021, and its amendments and upcoming enforcement of the law. MAIN TOPICS/QUESTIONS
Some issues of implementation of legislation in the field of migration for the period of quarantine throughout Ukraine dated from August 7th. 2021.
About modification of the Law of Ukraine "About the legal status of foreigners and stateless persons" concerning submission by foreigners and stateless persons of biometric data for registration of visas will take place on September 9th. 2021
Liability for violation of the period of stay in Ukraine by foreigners
If foreign citizens and stateless persons who arrived in Ukraine for a temporary purpose (business, education, employment, tourism, etc.) violated the period of stay established by the Legislation of Ukraine, they bear administrative responsibility provided by Article 203 of the Code of Administrative Offenses in the form of a fine).
Following the provisions of Articles 26 and 30 of the Law of Ukraine, "On the Legal Status of Foreigners and Stateless Persons," foreign offenders may be forcibly returned or forcibly deported to their country of origin or a third country.
Compulsory return (Article 26 of the Law) applies to foreigners if their actions violate the legal status of foreigners and stateless persons. Or are contrary to the interests of national security of Ukraine or public order, or if it is necessary for health, protection of rights, and legitimate interests of citizens of Ukraine. In these cases, the decision of forced return can add a ban on entry into Ukraine for three years.
Forced expulsion (Article 30 of the Law) is applied based on a court decision in cases of non-execution of forced return within a reasonable time without valid reasons or if there are reasonable grounds to believe that a foreigner or stateless person will evade such decision. A forced expulsion ban obligatorily implies a foreigner to entry into Ukraine for five years.
Responsibility of persons for illegal crossing or attempted illegal crossing of the state border of Ukraine
The legislation of Ukraine provides for administrative liability for illegal crossing or attempted illegal crossing of the state border of Ukraine.
In particular, Article 204-1 of the Code of Ukraine on Administrative Offenses defines the following:
Crossing or attempting to cross the state border of Ukraine in any way outside the checkpoints across the state border of Ukraine or at checkpoints across the state border of Ukraine without relevant documents or with documents containing inaccurate identity or without the permission of the relevant authorities -
entail the imposition of a fine of one hundred to two hundred non-taxable minimum incomes or administrative arrest for up to fifteen days.
The same actions committed by a group of persons or a person who during the year was subjected to an administrative penalty for one of the violations provided for in part one of this article -
entail the imposition of a fine of two hundred to five hundred non-taxable minimum incomes.
This article does not apply to cases of return to Ukraine without established documents of Ukrainian citizens who have become victims of crimes related to human trafficking, as well as to cases of arrival in Ukraine of foreigners or stateless persons to obtain asylum or being recognized as refugees in Ukraine. or persons in need of additional protection, if they have applied for asylum or an application for recognition as a refugee or a person in need of additional protection, following the Law of Ukraine "On Refugees and Persons in Need of Additional or Temporary Protection."
Some issues of implementation of legislation in the field of migration for the period of quarantine throughout Ukraine dated from August 7th. 2021.
{With changes made following the Resolution of the Cabinet of Ministers № 757 of 21.07.2021 }
To prevent violations of migration legislation for the period of quarantine throughout Ukraine, the Cabinet of Ministers of Ukraine resolves:
1. Execution of identity documents confirming the citizenship of Ukraine or its special status during the period of establishment of quarantine on the entire territory of Ukraine is carried out at the place of application of the person.
2. The decision to grant an immigration permit, taken within one year before the establishment or during the establishment of quarantine throughout Ukraine, is valid for two years from the date of its adoption.
{Item 2 in the wording of the Resolution of the Cabinet of Ministers № 757 of 21.07.2021 }
About modification of the Law of Ukraine "About the legal status of foreigners and stateless persons" concerning submission by foreigners and stateless persons of biometric data for registration of visas will take place on September 9th. 2021
The Verkhovna Rada of Ukraine resolves:
I. To amend the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" (Journal of the Verkhovna Rada of Ukraine, 2012, № 19-20, p. 179):
1. Paragraph 2 of the first part of Article 1 shall be worded as follows:
"2) visa - a permit issued by the authorized body of Ukraine in the form prescribed by law, required for entry into the territory of Ukraine or transit through its territory and stay in the territory of Ukraine for the relevant period."
2. The first part of Article 10 shall be worded as follows:
"1. Foreigners and stateless persons during visa issuance are obliged to submit their biometric data for their fixation unless otherwise provided by the legislation or international treaties of Ukraine. Rules for visa issuance to foreigners and stateless persons, including submitting their biometric data during registration, and the list of documents required for its receipt shall be established by the Cabinet of Ministers of Ukraine. "
3. The first part of Article 11 after the ninth paragraph shall be supplemented with a new paragraph as follows:
"the applicant's refusal to submit his biometric data for their fixation, unless otherwise provided by the legislation or international treaties of Ukraine."
In this regard, the tenth paragraph shall be considered the eleventh paragraph.
II. final provisions
1. This Law shall enter into force on the day following the day of its publication and shall enter into force six months after its entry into force.
2. The Cabinet of Ministers of Ukraine within six months from the date of publication of this Law:
bring their regulations in line with this Law;
to ensure that ministries and other central executive bodies bring their regulations in line with this Law.
The Ministry of Health recommends on PCR or rapid test document:
Be in English (translation into Ukrainian is preferable - not obligatory.
State the sample collection time and the time when received the result.
Specifically, mention the test type – PCR – polymerase chain reaction.
Show the full name, date of birth, and passport number of the traveler.
Include name, address, and contact details of the lab performing the test
Clearly state the result – COVID-19 Not detected or negative.
Useful links COVID-19 Testing
Information Resources:
Other links:
Law look different in practice, last year I overstay in Ukraine for few months and there was no problem, at border say I will not be allowed to entry Ukraine three months (this mean normal two months plus one more month). I traveled many countries in Europe and there is no such friendly personnel as on Ukraine border.