The current legislation of Ukraine guarantees citizens and stateless persons freedom of movement, free choice of place of residence and the right to freely leave the territory of Ukraine, except for circumstances when entry into and exit from Ukraine is prohibited by the decision of the competent authorities.
What documents entitle a citizen of Ukraine to cross the state border?
- passport of a citizen of Ukraine for travel abroad;
- diplomatic passport of Ukraine;
- service passport of Ukraine;
- seaman’s identity card;
- crew member’s certificate;
- identity card for return to Ukraine (gives the right to enter Ukraine).
Currently, temporary restriction of a person’s right to leave Ukraine is accepted by the State Border Service of Ukraine in the case of:
- the introduction of a state of emergency or martial law on the territory of Ukraine;
- obtaining the relevant decision (resolution, resolution) of the court;
- the existence of arrears for the payment of alimony, the total amount of which exceeds the sum of the corresponding payments for four months – according to the reasoned decision of the state executor issued in the automated system of executive proceedings with the use of a qualified electronic signature.
Foreigners and stateless persons who are legally present on the territory of Ukraine have the same rights and obligations as Ukrainians. Foreigners and stateless persons may cross the border of Ukraine:
- in the presence of a valid passport document (the passport must be valid for the entire period of stay in the country);
- in the presence of an insurance policy (certificate, certificate) of insurance (a COVID-19 insurance policy) issued by an insurance company registered in Ukraine, or by a foreign insurance company that has a representative office on the territory of Ukraine or a contractual relationship with a partner insurance company on the territory of Ukraine ( assistance), covers expenses related to the treatment of COVID-19, observation, and is valid for the period of stay in Ukraine;
- citizens of Turkey and Georgia can enter Ukraine on the basis of an ID card (received such permission since March 2019)
- if there is no decision of the authorized state body of Ukraine regarding the ban on entry into Ukraine;
- in the presence of an entry visa, unless otherwise provided by the legislation of Ukraine;
- if there is a clearly confirmed purpose of the planned stay;
- in the presence of sufficient financial support for the period of the planned stay and for returning to the country of origin or transit to a third country or the possibility of obtaining sufficient financial support in a legal way on the territory of Ukraine.
Foreigners and stateless persons are equal before the law, regardless of origin, social and property status, race and nationality, gender, language, attitude to religion, type and nature of occupation, and other circumstances. The exercise of rights and freedoms by foreigners and stateless persons should not harm the national interests of Ukraine, the rights, freedoms and legitimate interests of its citizens and other persons living in Ukraine.
WHEN A FOREIGNER AND STATELESS PERSON IS NOT ALLOWED TO ENTER UKRAINE:
- in the interests of ensuring the security of Ukraine or protection of public order;
- if it is necessary for health protection, protection of rights and legitimate interests of citizens of Ukraine and other persons living in Ukraine;
- if he submitted knowingly false information or forged documents about himself in violation of the petition for entry into Ukraine;
- if his passport document, visa is forged, damaged or does not correspond to the established model or belongs to another person;
- if he violated the rules of crossing the state border of Ukraine, customs rules, sanitary norms or rules or did not comply with the legal requirements of officials of the State Border Service of Ukraine, customs and other authorities exercising control at the state border at the checkpoint through the state border of Ukraine;
- if the facts of his violation of the legislation of Ukraine during his previous stay in Ukraine have been established.
HOW TO CHECK WHETHER THERE IS A BAN ON ENTRY TO UKRAINE?
In order to find out whether a foreigner has a ban on entry to Ukraine, it is necessary to apply in advance to the competent authorities in accordance with the established procedure.
The appeal must be submitted in person or sent in writing. You can also submit a corresponding application through a legal representative, a lawyer or with a notarized power of attorney.
Lawyers and attorneys of the “Bachynskyi and Partners” Bar Association have many years of experience in cases related to the cancellation of the ban on entering Ukraine.
HOW TO CONFIRM THE PURPOSE OF ENTERING UKRAINE?
The purpose of a foreigner’s entry to Ukraine is confirmed by the corresponding visa in the passport. A visa is a permit issued by an authorized body of Ukraine in the form prescribed by law, necessary for entry into the territory of Ukraine or for transit passage through its territory and stay in the territory of Ukraine for the relevant period.
Depending on the purpose of the trip, visas are divided into the following types:
1) transit visa;
2) short-term visa;
3) long-term visa.
A transit visa is issued to foreigners and stateless persons in case of transit through the territory of Ukraine to a third country, as well as transit transportation of goods and passengers by road transport. It is worth noting that the period of stay on the territory of Ukraine during each transit passage through its territory should not exceed five days.
A short-term visa is issued to foreigners and stateless persons for entry into Ukraine, if their stay in Ukraine does not exceed 90 days within 180 days.
A short-term visa is issued as a one-time, double-entry, and multiple-entry visa, as a rule, for six months or the period specified in the documents, which is the basis for issuing such a visa, but for no more than five years.
A long-term visa is issued to foreigners and stateless persons to enter Ukraine for the purpose of processing documents giving the right to stay or reside in Ukraine for a period exceeding 90 days.
The justification of the purpose of the visit depends on the type of visa.
For example, these can be:
– hotel reservations, apartment rental contracts;
– a notarized invitation from citizens of Ukraine – relatives, acquaintances, friends, etc.;
– tourist vouchers;
– invitations/tickets to seminars, exhibitions, fairs;
– documents about treatment in medical institutions;
– written confirmation of a meeting, conference, etc.;
– invitations from companies and organizations;
– a visa or tickets to a third country (to substantiate the purpose of the trip “transit to a third country”).
HOW MUCH MONEY DO YOU NEED TO HAVE TO ENTER UKRAINE?
Foreigners are allowed to enter and stay on the territory of Ukraine if they have sufficient funds or the possibility to obtain these funds in a legal way (CMU Resolution No. 884 dated 04.12.2013). The verification of financial support is carried out by authorized officials of the State Border Service on a selective basis, that is, there is always a possibility that you will not have to prove your solvency.
According to the methodology for calculating the minimum amount that a foreigner must have to visit Ukraine, the amount of the subsistence minimum established on the day of entry into the country is used for calculation.
Holders of a residence permit in Ukraine, minor children, diplomats, refugees, as well as tourists on a cruise are exempt from financial verification.
For other categories of citizens, in order to confirm the availability of sufficient financial support, it is sufficient to present:
– cash in hryvnia or other convertible foreign currency;
– bank cards, statements and checks from ATMs;
– a letter of guarantee from the host party on undertaking to pay all the foreigner’s expenses related to his stay in Ukraine and his departure abroad;
– confirmation of reservation or payment of accommodation and meals;
– contract for tourist services (voucher, voucher);
– travel ticket for returning to the country of permanent residence or to a third country with a fixed date.
However, it is worth remembering that a visa is not an absolute guarantee that a person will be able to enter the territory of our country – the right of entry is finally determined by representatives of the State Border Service of Ukraine.
Each case is individual and requires a detailed analysis. Lawyers practicing migration law of Bachynskyi and Partners JSC can provide you with high-quality and qualified assistance in all matters related to entry into the territory of Ukraine and legal stay.