Why can Ukraine ban a foreigner from entering, and what can you do about it?

What an entry ban means

An entry ban means that border guards will not let a foreigner into Ukraine, even one holding a visa or another ground for entry. Details of banned persons are entered into a database that both border guards and consulates can see. With a ban on record, a consulate refuses the visa and the border officer refuses entry. How permitted periods of stay work, and what follows from overstaying them, is covered in the guide to how long foreigners can stay in Ukraine.

Grounds for a ban

Article 13 of the Law "On the Legal Status of Foreigners and Stateless Persons" No. 3773-VI lists the grounds on which entry is not allowed:

• the interests of national security or the fight against organised crime;
• protecting the health, rights and lawful interests of Ukrainian citizens;
• knowingly false information or forged documents submitted when applying to enter;
• a forged or damaged passport or visa, or one that belongs to someone else;
• breaking border-crossing, customs or sanitary rules at a checkpoint, or ignoring lawful demands of officials;
• court decisions or decisions of bodies that impose administrative penalties left unfulfilled during a previous stay, and other unmet property obligations, including those linked to an earlier expulsion;
• entering or leaving the temporarily occupied territory in breach of the established procedure.

Who takes the decision

The ban is imposed by the ДМС (State Migration Service, DMS), the СБУ (Security Service of Ukraine, SBU), the State Border Guard Service or an authorised unit of the National Police. The length of the ban is set by law. Under Article 13 of Law No. 3773-VI an entry ban is imposed for three years, and after forced expulsion it lasts five years.

Bans after forced return and expulsion

Most entry bans arise together with forced return or expulsion. A forced return decision may come with a ban on further entry for three years. After forced expulsion, a ban for five years is imposed in every case. A separate ban applies to people who crossed the border outside official checkpoints. How return and expulsion work is explained in the article on forced return and expulsion.

An overstay on its own, then, does not yet mean a ban. If it leads to a return decision and the foreigner fails to comply, however, the consequences become far more serious. This is covered in the article on overstaying the permitted period.

Breaching a ban

When a foreigner does not comply with an entry ban decision, the law sets a new ban for ten years. It is added to the part of the earlier period that has not yet run. On top of that, Article 203-1 of the КУпАП (Code of Administrative Offences) imposes a fine of 100 to 300 tax-free minimum incomes for failing to comply with a ban. Trying to enter despite the ban, for example on a new passport, only makes matters worse.

The mark in your passport

If a foreigner is refused entry because of a ban, a mark is placed in the passport recording the ban for the period stated in the decision. A forced return decision is handed to the foreigner and sets out the grounds, how to appeal and what happens if it is not complied with. Keep these documents safe, because without them a ban is harder to challenge.

How to appeal a ban

Decisions on an entry ban and on forced return are appealed to an administrative court. Where the ground has fallen away, for instance the fine has been paid or the property obligation met, it makes sense to apply to the authority that took the decision and ask it to review the case.

A refusal to let you cross at a border checkpoint is challenged separately, before a higher body of the State Border Guard Service or in court. Martial-law rules at the border are explained in the article on crossing the border under martial law.

A ban and a new visa

While a ban is in force, a new visa will not help. Paragraph 28 of the Visa Rules approved by Cabinet of Ministers Resolution No. 118 expressly names a record in the database of persons barred from entry as a ground for refusing a visa. So apply to a consulate only after the ban has been lifted or its term has run out.

The same applies to a residence permit and a work permit. An employer can obtain the work permit, yet the employee will not be able to enter while the ban stands. Before inviting a foreigner with past violations, check their situation first. Other reasons for a visa refusal are covered in the article on visa refusal.

How to find out about a ban

There is no public online service on the DMS website for checking an entry ban. How to find out about one before you travel is explained in the article on checking for an entry ban.

Lawyer's experience

In my practice, entry bans rarely come from anything serious. Usually the cause is a small matter left unfinished, such as an unpaid fine for overstaying, a return decision that was never complied with or a forgotten debt. Years later the person wants to come back and learns about the ban only at the border.

That is why I advise clients to close every administrative matter before leaving Ukraine and, if something is still open, to check their situation before the next trip. When a ban already exists, we first establish the authority and the ground, and only then decide whether to ask for a review or go to court.

If you have been refused entry because of a ban, our entry ban removal work starts with establishing the reason.

Frequently asked questions