RESPONSIBILITY FOR MIGRATION LEGISLATION VIOLATION BY FOREIGNERS

As a general rule states, foreigners and stateless persons may stay in Ukraine for no more than 90 days within 180 days period or within the period allowed by the visa. For violation of a foreigners’ stay in Ukraine the following types of punishment are provided: fine, entry ban, forced return, refusal to cross the border and forced expulsion, each of which has its own peculiarities.

The most common sanction for exceeding the period of stay in Ukraine is fine. A penalty in the form of a fine may also be imposed for residing without documents that entitle a foreigner to reside in Ukraine (for example, a temporary or permanent residence permit), or with invalid or expired documents. Foreigner`s employment without a special permit; absence of a registered place of residence are also grounds for bringing a person to administrative liability in the form of a fine.

The amount of the fine varies from 100 to 300 non-taxable minimum incomes (from 1700 to 5100 UAH). When imposing the fine, it is taken into account, for example, how many days the foreigner has exceeded the allowed period of stay, whether they were previously brought to administrative responsibility, etc. Moreover, failure to pay the said fine can be a reason for an entry ban for a 3 year period (for failure to comply with the decision of the state authorities authorized to impose administrative penalties).

An exhaustive list of grounds for imposing an entry ban is provided by the law:

– if it is necessary to ensure the national security of Ukraine or for the purposes of public order, public health, protection of the rights of people residing in Ukraine;

– submission of false information at the entrance, or forged, spoiled, inappropriate or someone else`s documents (passports, visas to Ukraine, etc.);

– violation of the border crossing rules at the border crossing point;

– violation of customs rules or sanitary standards;

– failure to comply with the lawful requirements of officials at the border;

– failure to comply with a court decision or decision of other authorized public authority while staying legally in Ukraine;

– entry into the occupied territories without special permission or in violation of the rules of such entry.

In consequence of one of these reasons, a three years entry ban may be imposed on a foreigner. The decision on entry ban can be made by the territorial bodies of the State Migration Service, the Security Service of Ukraine or the State Border Guard Service of Ukraine. It is important to keep in mind that a copy of the abovementioned decision shall be provided to the foreigner.

A person who has not complied with the aforesaid decision may be banned from entering Ukraine for up to 10 years.

A foreigner may also be banned from entering Ukraine in case of illegal crossing the border outside the border crossing points. In this case, the foreigner is obliged to leave Ukraine with a further 5 years entry ban.

Forced return is another measure of responsibility for the foreigner. The law contains a number of cases when a foreigner may be forcibly returned to the country of his/her origin. In particular: 1) if such person violates the Ukrainian legislation; or 2) if his/her actions threaten national security or public order; or 3) to ensure the protection of public health and the rights of Ukrainian citizens.

The decision on forced return, as well as the decision on entry ban, may be made by migration service, the Security Service of Ukraine or the border service. The decision shall specify the reasons for its adoption, the procedure of its appeal and the period within which the foreigner shall leave Ukraine (which shall not exceed 30 days from the date of such decision).

In such case, the visa is canceled and the documents that entitle a foreigner to reside legally in Ukraine (for example, a temporary residence permit) are withdrawn. The offender may also be banned from further entering Ukraine for a 3 year period.

However, please note that the simultaneous imposition of a three-year entry ban is an optional sanction (not obligatory) that may be applied when making a decision on forced return, provided there are legal grounds to do so.

It should be also noted that the decision on forced return and decision on entry ban can be appealed in the court.

The entry ban and the forced return of foreigners should not be equated with a refusal to cross the Ukrainian border. The decision on refusal to enter Ukraine is made if the foreigner did not comply with the conditions of crossing the border. The aforementioned decision is made at a border crossing point only if there are reasonable grounds for refusal, which must be specified in such a decision. For example, a foreigner does not have a valid passport or visa to enter Ukraine, or the person cannot confirm the purpose of the trip or prove the financial sufficiency, or there is a decision on the entry ban. The decision to refuse to cross the border takes effect upon its adoption. The person has the right to appeal such a decision.

It should also be added that refusal to cross the border is a one-time sanction. This means that when a foreigner eliminates the shortcomings that have led to such a refusal, he/she will be able to attempt to cross the Ukrainian border again.

In addition to the aforementioned decision, a visa for entry to Ukraine may be canceled if there are specific grounds, in particular: the existence of a decision on entry ban, or if there are good reasons to believe that such a visa was obtained illegally.

The most severe punishment for a foreigner is forced expulsion (Ukrainian legislation does not use the term “deportation”). As in the previous cases, territorial bodies of the migration service, Security Service of Ukraine and the border service have the right to decide on forced expulsion. However, the main difference is that such a decision can be made by the abovementioned state authorities only on the basis of an administrative court decision issued on the ground of their claim. Of course, the court’s decision on forced expulsion may be appealed.

The legal grounds for forcible expulsion of a foreigner are:

– if such person has not complied with the decision on forced return within a specified period without valid reasons;

– if there are reasonable grounds to believe that the foreigner may evade this decision.

It is important to add that such persons are banned from entering Ukraine for 5 years.

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