What should you do if a foreigner is detained for expulsion from Ukraine?

When foreigners are detained

In a migration case, detention is tied to forced expulsion or readmission, meaning a transfer to another country under an international agreement. Article 289 of the Code of Administrative Procedure (CAP) sets out the grounds. There must be good reason to believe the foreigner will evade or obstruct expulsion, a risk of absconding, or the absence of a document that would let the person leave Ukraine. How return and expulsion work is explained in the article on forced return and expulsion.

Who decides

Detention is ordered by a court. The claim goes to a local general court acting as an administrative court and is filed by the ДМС (State Migration Service, DMS), the State Border Guard Service or the Security Service (SBU). It is filed where the authority or the detention centre is located.

The court may order one of four measures. These are detention for identification or to secure expulsion, detention for transfer under a readmission agreement, a guarantee by a company, institution or organisation, or bail. For the wider picture of appeals in migration cases, see the guide to challenging DMS decisions.

The temporary detention centre

Detained foreigners are held in a пункт тимчасового перебування іноземців (temporary detention centre for foreigners and stateless persons staying in Ukraine unlawfully). It is a state facility, not a prison. The law limits how long someone can be held there, and the term can be extended only in specific cases. We are still checking the exact terms and will add them once confirmed.

Guarantee and bail

Detention is not the only option. The court may place the foreigner under the guarantee of a company, institution or organisation. The guarantors give a written undertaking that the foreigner will meet their obligations and appear before the court or authority. Bail is the other option, paid into a special account by the foreigner or by someone else. The court sets the amount of bail taking into account the foreigner's financial and family situation.

In both cases the court explains the obligations in writing. The foreigner must report to a designated official at set intervals, may not leave the town or city without permission and must report any change of address. A guarantee or bail is not available to someone who has already had one, or to people linked by evidence to terrorist activity.

The employer's role

The guarantor can be a company, institution or organisation the court considers especially trustworthy. In practice this is often the foreigner's employer. Authorised representatives of the company give a written undertaking that the foreigner will meet their obligations and, if necessary, will bring them to the court or to the authority that filed the claim. A guarantor who fails to keep this undertaking bears the liability set by law.

An employer who wants to help should therefore prepare documents about the company and the foreigner's job straight away. The court will assess how reliable the company is and whether it can really ensure the employee appears.

What happens if the obligations are breached

If the foreigner breaches their obligations, or the law on the border or on the legal status of foreigners, the bail may be forfeited to the state, and the authority may ask the court to order detention in the centre. If bail is not paid within the period set, the court orders detention.

How to defend yourself

Time is critical in these cases. In forced return and expulsion cases Article 288 of the CAP gives the court ten days to hear the case, and an appeal must be filed within the same period. Bring in a lawyer immediately. Gather documents on lawful stay, housing, work and family in Ukraine, because they help persuade the court that there is no risk of absconding and that a guarantee or bail will do.

An application for refugee status or complementary protection affects the expulsion procedure. Such a situation needs individual assessment.

After release

Release from the detention centre does not close the matter. The expulsion decision remains, and an entry ban follows it. How to find out about a ban and how to challenge it is covered in the article on the entry ban.

Lawyer's experience

Detention most often happens when a return decision was made long ago and never complied with, and the person either did not know about it or ignored it. That is why I always advise against ignoring a return decision. Leaving within the stated period is far better than detention and expulsion.

My second point is about the people close to the detainee. Family or an employer can help, for example as guarantors or by paying bail. That takes documents, and the faster they are gathered, the better the chance of avoiding the detention centre.

If someone close to you has been detained, book a migration law consultation and we will assess the situation urgently.

Frequently asked questions