What happens if a foreigner overstays in Ukraine?

What counts as an overstay

An overstay means that a foreigner remains in Ukraine after their permitted period has ended. Which period applies depends on how you are in the country:

Administrative liability

Article 203 of the КУпАП (Code of Administrative Offences, CAO), as restated by Law No. 3196-IX in 2023, sets out the liability of foreigners for breaching the law on their legal status. Three of its parts matter for an overstay:

Cases under Article 203 are decided by the ДМС (State Migration Service, DMS). Pay the fine and keep the receipt together with the decision imposing it. An unpaid fine is itself a ground for an entry ban.

• part 1 covers overstaying by no more than 30 days, with a fine of 100 to 200 tax-free minimum incomes, that is UAH 1,700 to 3,400;
• part 2 covers overstaying by more than 30 days and living without documents or on invalid or expired ones, with a fine of 200 to 300 tax-free minimum incomes, that is UAH 3,400 to 5,100;
• part 3 covers a repeat breach within a year, with a fine of 300 to 400 tax-free minimum incomes, that is UAH 5,100 to 6,800.

Forced return

Besides a fine, the DMS may decide on forced return. The decision states the period within which the foreigner must leave on their own, which is no more than 30 days, and it may come with a ban on further entry for three years. How this works is explained in the article on forced return and expulsion.

Where a foreigner fails to comply with a return decision without good reason, a decision on forced expulsion follows. After expulsion an entry ban for five years applies, and coming back to Ukraine becomes much harder. More on this in the article on entry bans.

Detection at the border on exit

Overstays are often spotted by the border guard when the foreigner is already leaving. Liability then still follows Article 203, and the part depends on how many days you have overstayed. You are not prevented from leaving, but the breach is recorded.

The consequences show up on your next trip. Article 8 of the Law "On Border Control" makes compliance with permitted periods of stay a condition of entry, so a border guard may refuse entry to a foreigner who has overstayed before. The border crossing itself is described in the article on crossing the border under martial law.

Expired residence permit

Living on documents that have expired is also a breach, falling under part 2 of Article 203 with a fine of 200 to 300 tax-free minimum incomes, that is UAH 3,400 to 5,100. Under martial law, holders of an expired temporary residence permit no longer enjoy any concession, and an expired card does not prove lawful residence. Renew or exchange your permit on time. Read more in the article on entry and stay under martial law.

Liability of the receiving party

Liability does not rest with the foreigner alone. Article 204 of the Code covers citizens and officials who unlawfully help a foreigner evade departure. The fine is 200 to 300 tax-free minimum incomes for citizens and 300 to 400 tax-free minimum incomes for officials, and these cases are heard by a court.

A receiving party that has not fulfilled its duties towards the foreigner is liable under Article 205, with a fine of 50 to 100 tax-free minimum incomes for citizens and 100 to 200 tax-free minimum incomes for officials.

Employers and landlords therefore have a direct interest in tracking the deadlines of their employees and tenants. An employer's liability for a foreign worker is covered in the article on fines for employers.

Can the situation be fixed

A foreigner who has a lawful ground to stay, such as a ground for a residence permit, can put the situation right. The Procedure approved by Cabinet of Ministers Resolution No. 150 provides that after an overstay an extension application is accepted only once the foreigner and the receiving party have been held administratively liable. So the fine comes first and the extension second.

Without a ground, the sensible course is to leave as soon as possible and pay the fine. The longer the breach lasts, the higher the risk of a return or expulsion decision.

How to avoid an overstay

Keeping a calendar is the simplest safeguard. Note the date you entered, the date your permitted period ends and the date by which you would need to apply for an extension. Before every trip, recount your days, because earlier visits also count under the rule.

Should your period be running out with no way to leave on time, apply for an extension in advance. The steps are explained in the article on extending your stay.

Lawyer's experience

Most overstays happen not out of bad intent but because of a miscalculation. People count days from their last entry instead of applying the rolling-window rule. Others assume that a visa D lasts a year. These mistakes can be spotted in advance if you count the days together with a lawyer.

Once the breach has happened, my advice is not to hide. The worst scenario is someone living for years without documents and then being detained. If you come forward straight away, it is often possible to limit the outcome to a fine and regularise your status.

If you have already overstayed, our stay extension service starts with an assessment of whether your status can be regularised.

Frequently asked questions