How do you lift or challenge a Ukraine entry ban?

Start with the ground for the ban

Any work on an entry ban starts with two questions. Who imposed it, and on what ground. Article 13 of Law No. 3773-VI lists the grounds, and the decision is made by the ДМС (State Migration Service, DMS), the Security Service (SBU), the State Border Guard Service or the National Police. The authority and the ground determine how the ban can be lifted. Usually a ban is imposed for three years, and after forced expulsion for five years. What a ban is and why it is imposed is explained in the article on the entry ban.

If you do not have a copy of the decision, request one from the authority. Under the Law "On Personal Data Protection" the reply to a request about your own data must come no later than thirty calendar days after the request is received. How to make the request is covered in the article on checking for an entry ban.

Route one, review by the authority

Some grounds for a ban can disappear over time. The most common are unpaid administrative penalties and unpaid debts to the state or to other people. Once the fine is paid or the debt is settled, the ground is gone, and it makes sense to ask the authority that made the decision to review it.

Attach proof that the ground has gone, such as payment receipts, certificates confirming there is no debt or a court ruling. The Law "On Administrative Procedure" allows an authority to withdraw its own administrative act, including when the facts have changed substantially. Complaints and reviews are covered in the article on the administrative complaint.

Route two, the court

If the ban decision was unlawful from the start, it is challenged in court. A ban that comes with a forced return decision, or one imposed together with expulsion, is challenged along with that decision. Article 20 of the Code of Administrative Procedure (CAP) assigns such cases to local general courts acting as administrative courts, and they are heard under a fast-track procedure.

A separate entry ban decision is challenged in an administrative court under the general rules of the Code. The general deadline for a lawsuit under Article 122(2) of the CAP is six months, counted from the day you learned or should have learned of the decision. How to file the claim is explained in the article on challenging DMS decisions in court.

If nobody told you about the ban

It happens that a foreigner only learns about a ban at the border or at a consulate. The return decision should have been delivered, but the person had already left or moved. In that case the period for going to court runs from the day you learned, or should have learned, that your rights were infringed. Keep the document from which you first found out, such as a stamp in your passport or a consulate's visa refusal.

Family and work in Ukraine

A spouse, children or a job in Ukraine are important arguments. They do not cancel a ban automatically, but the court weighs how proportionate the decision is given its effect on the person and their family. Collect marriage and birth certificates and documents on your work, housing and your children's schooling. For spouses of Ukrainian citizens, the way back after a ban is lifted is described in the article on the residence permit through marriage.

What evidence you need

The court checks whether the authority had a lawful ground and followed the procedure. Proof of lawful stay in the past often helps, such as a residence permit, extension stamps or tickets showing you left on time. If the ban is linked to a debt, you need proof that it was paid.

Documents showing your ties to Ukraine matter too, meaning family, work and property. They do not cancel the ban on their own, but they show the court that the consequences of the decision for you are serious.

What not to do

While the ban applies, do not try to enter Ukraine, including with a new passport or a passport of another country. The ban applies to the person, not the document. If you fail to comply with a ban decision, the law extends the ban by ten years.

Do not trust middlemen who promise to "remove the ban for a fee" without a court or an application to the authority. Officially, only the authority that imposed the ban or a court can lift it, and the law provides no other way.

After the ban is cancelled

Once the ban is cancelled, the record should be removed from the database. Check that this has happened before buying tickets, because consulates and border guards see the database. If you need a visa to enter, apply only after you have confirmation. The guide to getting a Ukrainian visa explains how.

Lawyer's experience

Bans are lifted most successfully when the ground was an unpaid fine or debt. The client pays, we prepare an application with the evidence, and the authority reviews its decision. It is harder when the ban is linked to expulsion or to security concerns, and then the route goes through the court.

Patience is my second point. While a review or a court case is under way, it is tempting to try to travel. I always advise against it, because a failed attempt can turn the ban into a much longer one.

If you have been banned from entering Ukraine, our entry ban removal service starts with identifying the authority and the ground.

Frequently asked questions