How does a foreigner cross the Ukrainian border under martial law?

Conditions for entry

Article 8 of the Law "On Border Control" sets out the conditions on which a border guard lets a foreigner into Ukraine. There are six of them:

Martial law has not changed these conditions. How long you may stay after entry is explained in the guide to how long foreigners may stay in Ukraine, and what has changed for residence permit holders is described in the article on entering Ukraine under martial law.

• a valid passport document;
• no decision banning entry into Ukraine;
• a visa, unless the law provides otherwise;
• proof of the purpose of the planned stay;
• sufficient funds for the stay and the return journey, if the foreigner is a citizen of a state on the list set by the Cabinet of Ministers;
• compliance with the rules on permitted periods of stay in Ukraine.

Purpose of the trip and funds

A border guard may ask why you are coming and what you will live on. Carry the documents that show the purpose of your trip even if the consulate has already checked them. That can be an invitation, an employment contract, a document on your studies or an accommodation booking.

Proof of funds is required by law from citizens of states on the Cabinet of Ministers list. The sufficient amount is calculated under the Procedure approved by Cabinet of Ministers Resolution No. 884. Funds can be shown in cash, with a bank card, with a bank statement or with a letter of guarantee from the receiving party. Holders of a residence permit are exempt from this check. How to prepare a letter of guarantee is covered in the article on the invitation for a Ukrainian visa.

Periods of stay checked at entry

Since 2023 compliance with the permitted periods of stay has been listed expressly among the conditions for entry. If a foreigner overstayed on an earlier visit, the border guard may refuse entry. For visa-free travellers this means counting your days under the 90/180 rule before every trip. The method is explained in the article on the 90/180 rule.

Conditions for leaving

Leaving Ukraine takes less. Part three of Article 8 of the law requires only a valid passport and the absence of a decision banning exit. The martial law restrictions on leaving the country, including those for men liable for military service, apply to Ukrainian citizens and not to foreigners.

An important exception concerns people with dual citizenship. The Law "On the Legal Status of Foreigners and Stateless Persons" defines a foreigner as a person who is not a citizen of Ukraine. A Ukrainian citizen who also holds another country's passport therefore crosses the border under the rules for Ukrainian citizens.

The entry stamp

On entry the border guard registers the foreigner and places a stamp in the passport. That stamp is valid throughout Ukraine. Your period of stay is counted from its date, so make sure it is legible and on the right page.

Article 13 of the law explains what happens when there is no stamp. Its absence becomes grounds for checking whether you have complied with the rules of stay. You can prove that your stay is lawful with any document showing the fact and date of crossing the border, for example a ticket or a booking. Keep your tickets and boarding passes for that reason.

If you are refused entry

A refusal of entry cannot be given orally. Article 14 of the law requires a reasoned decision by an authorised official that states the grounds. The decision is drawn up in two copies, and one is handed to the foreigner against signature. If the foreigner declines to sign, a report is drawn up instead.

When entry is refused, the visa in the passport may be declared invalid in the cases the law provides for. A refusal at the border therefore affects future trips as well, and it is worth appealing if it has no proper basis.

How to appeal a refusal

A decision refusing a border crossing can be appealed within one month from the day it was made, the period set by Article 14 of the law. The complaint goes either to a higher body of the Державна прикордонна служба (State Border Guard Service) or to the administrative court for the place where the refusing body is located. An appeal does not suspend the decision, so entry stays closed while the complaint is pending.

Keep your copy of the decision and the documents you had with you for the complaint. They show that you met the conditions for entry and help the court or the higher body review the decision.

Lawyer's experience

In my experience trouble at the border rarely comes from the visa itself. Far more often the problem is the documents on the purpose of the trip, or an old overstay. Someone leaves the invitation at home, or once stayed longer than allowed and has forgotten about it. Before a trip I advise putting together a folder of purpose documents and recounting your days.

My second piece of advice is for those who hold Ukrainian citizenship and a second passport. Many assume they can leave as foreigners. The law rules this out, and at the border such an attempt ends in refusal.

If you were refused at the border or are unsure about your documents, at a migration law consultation we review your situation and prepare a complaint if one makes sense.

Frequently asked questions