What are forced return and expulsion of a foreigner from Ukraine?

Two different decisions

Law No. 3773-VI "On the Legal Status of Foreigners and Stateless Persons" provides two ways of making a foreigner leave Ukraine. Forced return is governed by Article 26, forced expulsion by Article 30. Under the first, the person leaves on their own. Under the second, state authorities remove them from the country. How long a foreigner may stay lawfully is explained in the guide to periods of stay for foreigners.

Side by side, the two measures compare as follows:

Forced return

A foreigner may be forcibly returned to their country of origin or to a third country if their actions breach the legislation on the state border or on the legal status of foreigners, run counter to national security or public order, or if return is needed to protect the health and rights of Ukrainian citizens. The decision is made by the ДМС (State Migration Service, DMS), the СБУ (Security Service of Ukraine, SBU) or the border protection authority, the Держприкордонслужба (State Border Guard Service, SBGS).

The decision states the period within which the foreigner must leave. The law caps that period at no more than 30 days. Within it, the foreigner is obliged to leave Ukraine on their own.

In practice the most common reason for return is an overstay. More on this in the article on overstaying your permitted stay.

What the decision says

One copy of the decision is handed to the foreigner. It sets out the grounds, how to appeal and the consequences of not complying. A return decision may come with a ban on further entry into Ukraine for three years, and in that case the ban runs from the date of the decision.

Where the foreigner was still within their permitted stay, the return decision also shortens it. Paragraphs 38 to 40 of the Procedure approved by Cabinet of Ministers Resolution No. 150 provide that the period of temporary stay is cut down to the period set in the decision.

Forced expulsion

Expulsion is reserved for more serious cases. Article 30 of the law lists the grounds, among them these:

Other cases are also provided for by the law. No expulsion decision is made if the grounds come to light at the border while the foreigner is leaving Ukraine anyway. After expulsion the foreigner is banned from further entry for five years, and the ban runs from the date of the decision.

• the foreigner was detained for crossing or trying to cross the border illegally;
• there are reasonable grounds to believe they will evade a return decision;
• they failed to comply with a return decision within the set period without good reason.

Who decides and where

A forced return decision can be made by the DMS, the SBU or the border protection authority. Most cases begin with the DMS, after a document check reveals a foreigner with no lawful ground to stay.

During such a check the foreigner is asked on what ground they are in Ukraine. If you have filed documents for a residence permit or an extension of stay, show proof of filing. It can change how your situation is assessed, because the filed documents show that you tried to regularise your status.

For employers and receiving parties

A return decision against an employee affects the employer too. If the foreigner worked without a permit or after their period of stay ended, the employer may be held liable separately. Companies should therefore track their foreign employees' deadlines and renew documents on time. Employer fines are explained in the article on fines for employing a foreigner without a permit.

Consequences for future trips

Return without an entry ban lets you come back later, provided you meet all the requirements. Expulsion means an entry ban for five years. Unpaid fines or other financial obligations connected with expulsion are in themselves a ground for a ban, even after the ban period has ended. Details are in the article on entry bans.

How to appeal

A forced return decision is challenged in court. Article 288 of the КАС (Code of Administrative Procedure) sets short deadlines for these cases. The court hears the claim within ten days, and the same period applies to an appeal. A decision to shorten the period of stay can be appealed to the DMS, if a territorial office made it, or to a court within 10 working days, as paragraph 41 of Procedure No. 150 provides.

Before appealing, assess the grounds soberly. If there really was a breach, a court is unlikely to overturn the decision. If the foreigner did have a lawful ground to stay, such as documents filed for a residence permit, the decision may be unlawful and is worth challenging.

Lawyer's experience

Return decisions most often go to foreigners who missed the end of their permitted stay and did not manage to sort out their documents in time. In that situation I advise acting without delay. Leaving on your own within the period stated in the decision is far better than waiting for expulsion, after which coming back is difficult.

My second piece of advice concerns paperwork. Keep the decision, the receipts for paid fines and proof of departure. Years later you will need them to show that every requirement was met and to apply for a new visa or residence permit.

If a return decision has been made against you, we will assess at a migration law consultation whether it is worth challenging.

Frequently asked questions