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Does quarantine suspend the rules of stay in Ukraine for visa-free travel

27.06.2020 | Legal
Since the start of quarantine in Ukraine and its repeated extensions, in conditions of earlier closed flights with other countries, many foreign citizens from visa-free countries stacked in Ukraine and concern about the rules on stay in Ukraine. Due to efforts of our immigration lawyer several requests were sent to State migration service of Ukraine (hereinafter SMSU) and State border guard service of Ukraine (hereinafter the SBGSU) and this is to inform you that in accordance to their answers the following facts were confirmed:
If you will leave the territory of Ukraine within 30 days after the official end of quarantine measures in Ukraine (as for now it is 31.07.2020), SMSU and/or SBGSU employees would not file neither a case on you for the overstay in Ukraine in accordance to the Article 203 of the Code of Ukraine about administrative offences (which prescribes a penalty that amounts to 1700 – 5100 Hryvnas and its double amount in case of not paying within 15 days) nor a decision about voluntary deportation and 3-years entry ban, in the terms of the the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus Disease (COVID-19)” and Resolution of the Cabinet of Ministers of Ukraine “Some issues on the implementation of migration legislation during the quarantine period in the territory of Ukraine” that prescribes that foreigners and stateless persons, who have not been able to leave Ukraine or apply to the territorial Units or Departments of the State Migration Service of Ukraine to prolong the period of their stay in Ukraine OR/AND for issuance, as well as an exchange of the permanent or temporary residence permit due to quarantine period, if the date of application for the issuance of such documents occurred during the quarantine period in Ukraine, SHALL within a period of up to 30 days from the date of quarantine’s termination apply to the territorial Units or Departments of the State Migration Service of Ukraine to prolong the period of their stay in Ukraine OR/AND for issuance, as well as an exchange of the permanent or temporary residence permit.
Unfortunately, the temporary amended rules on migration caused by the COVID-19 outbreak in Ukraine apply only to temporary cancellation of any penalties and administrative measures for the overstay (as above) if a foreigner stayed in the territory of Ukraine legally at the beginning of quarantine measures on 12.03.2020, and do not apply anyhow to re-calculations of stay in the territory of Ukraine for citizens of visa-free countries in accordance to the rule of 90/180 days.
In accordance to Ukrainian Law,“When a foreigner enters the territory of Ukraine, the calculation of the period of stay allowed to him/her is carried out by an official of the State Border Guard Service at a checkpoint (control point) across the state border of Ukraine by deducting 180 days from the date of actual entry. The foreigner did not violate the specified term if within this 180-day period he was in the territory of Ukraine no more than 90 days.

If during the border control the foreigner was found to have exceeded the period of stay allowed to him/her a decision is made to refuse to cross the state border of Ukraine to enter Ukraine in the manner prescribed by part one of Article 14 of the Law of Ukraine “On Border Control”.
The above mentioned means that you can travel to Ukraine without a visa as you did before only after 180 days after your last departure from Ukraine, because you have already overstayed the allowed 90 days in Ukraine. For example, if you will leave the territory of Ukraine on 01.08.2020, then you can travel to Ukraine for 2 days on 01.11.2020, because on that particular date (the control day), within last 180 days the the number of days of your stay will be 88 days, taking into account your last entry into Ukraine on 12.03.2020 and departure on 01.08.2020. Accordingly, the later you will plan to travel to Ukraine after 01.11.2020, the more days you will have the right to stay in Ukraine (but not more than 90 days within 180 days).

Read also: Ukraine opened borders for foreigners – official source

In addition, it is worth to mention that due to the COVID-19 outbreak in the world, still it is unknown whether the migration rules will not be changed in future, for example the “adaptive” quarantine was extended in Ukraine till 31.07.2020 despite the recently opened borders and renewal of consulates visa services. Our immigration lawyer suggest to follow up the updates on your embassy official website, Ukrainian state authorities websites, our website www.armaxgroup.com.ua and our page on Facebook www.facebook.com/armaxgroup.

Read also: Details on the entry of foreigners into Ukraine

If you have overstayed and still need to continue your stay in Ukraine due to respectful reasons it is recommended to apply for a short- or long-term extension of stay in Ukraine. Would you need a professional legal assistance on such matter you are kindly welcome to contact our experienced immigration lawyer for consultation and/or assistance. Read more about the procedure of extension of stay in Ukraine on this page.

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