Deportation from Ukraine of a foreigner can happen because of the following reasons:
– actions of the foreigner violate the law on the legal status of foreigners and stateless persons (illegal stay in Ukraine);
– contravene the interests of national security of Ukraine or public order;
– if necessary for the protection of health;
– protection of the rights and legitimate interests of the citizens of Ukraine.
In fact there can be many circumstances under which the foreigner can be deported from Ukraine and which can be used under the above mentioned official reasons.
The most widespread situations which leads to deportation from Ukraine happen because of a gross violation of public order such as:
– an illegal stay in the territory of Ukraine, i.e. without residence permit or expired/canceled residence permit, with expired or canceled visa or due to overstay during the visa free regime, or residing in Ukraine under false statements (fictitious marriage, studies, employment, volunteering, etc);
– unofficial employment;
– doing business without appropriate registration and taxation maintenance;
– commitment of a number of administrative violations which makes the person dangerous for the society (e.g. multiple violations of traffic rules, etc);
– proven unpaid debts to the government of Ukraine or any other actors in Ukraine;
– targeting by State security service of Ukraine;
– listing in the “sanctions” in Ukraine;
– commitment of a crime;
– in other situations.
A foreigner who has an active, not appealed and not cancelled deportation decision has no right to apply for extension of stay in Ukraine, for temporary or permanent residence permit as well as for acquisition of Ukrainian citizenship.
How happens the deportation from Ukraine
Usually the deportation is initiated when the foreigner is found by state authorities for commitment of administrative violation. However not every administrative violation results in deportation.
The laws of Ukraine prescribe an administrative expulsion of foreigners from Ukraine only for committing of gross administrative violations.
The Code of Ukraine about Administrative Violations prescribes a number of articles about a gross violation of the law.
Article 203 “Violation of the rules of stay in Ukraine and transit through the territory of Ukraine” condemns:
Violation of the rules of stay in Ukraine, i.e. living without documents for the right to reside in Ukraine, on invalid documents or documents whose validity has expired, or employment without a permit, if such permission is required by Ukrainian law, or failure to comply established procedure for moving and changing residence, or evading departure from Ukraine after the expiration of the relevant period of stay, failure to arrive without good reason to a certain place of study or employment after entering Ukraine within a specified period, as well as violation of transit rules through Ukraine.
Failure to comply with the established procedure for registration or residence in Ukraine on invalid documents or expired documents, or violation of the established period of stay in Ukraine, found at checkpoints across the state border of Ukraine.
Article 204-1 “Illegal crossing or attempted illegal crossing of the state border of Ukraine” condemns:
Crossing or attempting to cross the state border of Ukraine in any way outside the checkpoints across the state border of Ukraine or at checkpoints across the state border of Ukraine without relevant documents or using forged documents or those containing inaccurate identity or without the permission of relevant authorities.
Article 204-2 condemns violation of the order of entry into and exit from the temporarily occupied territory of Ukraine.
In other situations the authorities might also consider the actions of the foreigner as a gross violation of the law.
Deportation can be filed by the State migration service of Ukraine, the Security service of Ukraine or the State border guard service of Ukraine.
There are 2 types of deportation decisions:
– a “forced return” which is in fact in most cases means a voluntary leaving of the country within not more than 30 days (so called corridor to depart);
– and a forcible expulsion which is connected with administrative arrest and detention in the camp for illegals.
A forced return is a first stage of forcible leave from the territory of Ukraine which happens in most cases listed above. Most of such deportations are filed by the State migration service of Ukraine when their employees find the foreigner violating rules of stay in Ukraine.
Before to consider the deportation the authorities verify if the person has any valid reasons for extension of stay in Ukraine
Although the foreigner could violate rules of stay in Ukraine (e.g. has overstayed) still the state authorities who consider the deportation are obligated to interview the foreigner and verify his/her profile for the purposes of possible grounds of not deporting him/her. E.g., it applies when a person has a family in Ukraine and is eligible for immigration or residence permit.
If there are not any grounds for the extension in Ukraine have been found then the authority has to consider the deportation in a form of a forced return.
In the forced return decision must be indicated the period within which the foreigner is obligated to leave Ukraine. This period cannot exceed 30 days from the date of the decision.
Entry ban to Ukraine as an additional sanction to the deportation
Deportation can be accompanied with a further entry ban to Ukraine from 3 to 10 years as an additional sanction which will prevent the foreigner from coming to Ukraine again.
However it does not mean that every deportation from Ukraine has to be accompanied with a further entry ban to Ukraine. It depends on the individual situation. E.g., if a foreigner has overstayed for a minor period then he/she should not be sanctioned with further entry ban.
The deportation decision is prepared in two copies, one of which is handed to the foreigner in respect of whom it was adopted, and the other remains in the body that received it.
It must contain the grounds for its adoption, the period during which the foreigner or stateless person must leave Ukraine and which must not exceed 30 days from the date of the decision, the procedure for appeal and the consequences of non-compliance.
The territorial prosecutor shall be informed of the grounds for making such a decision within 24 hours.
A foreigner is obliged to leave Ukraine independently within the period specified in the decision on forced return or to appeal the deportation decision.
In addition, the head of the State migration service of Ukraine sends a request to the State border guard service of Ukraine. Information on the fulfillment of such a request, on the crossing of the state border by a foreigner to leave Ukraine, shall be provided within one month after its receipt.
Forced return does not apply to foreigners and stateless persons under the age of 18 and to foreigners and stateless persons covered by the Law of Ukraine “On refugees and persons in need of complementary or temporary protection”.
Failure of a foreigner or a stateless person to comply with a decision on forced return within the prescribed period may be grounds for going to court with a claim for administrative arrest and forced expulsion.
Under a forced return the authorities have no right to forcibly accompany the person to the border of Ukraine
As it was mentioned above the forced return means that a foreigner has to leave the territory of Ukraine in not more than 30 days (the exact period considers the state authority which initiated the forced return). Neither the migration service, nor police, nor any other authorities have no any right to press on the foreigner to leave Ukraine earlier or to forcibly accompany to the border.
The forced expulsion from Ukraine
A forcible expulsion happens when a foreigner did not leave Ukraine in time after filing a forced return and did not appeal it in time, and is connected with administrative arrest and detention in the camp for illegals.
The detainee still has a right to appeal the deportation from Ukraine.
The detainee can be in the camp for illegals not longer than 18 months.
During the detention in the camp for illegals the state authorities will be considering the forced expulsion of the foreigner from Ukraine in any means. Does not matter if the detainee has no passport or finances. If the detainee has no passport document the state authorities will be contacting the nearest embassies and consulates of the detainee. If the detainee has no finances to buy a ticket the state authorities will fund the detainee and buy a ticket from the state budget.
A detainee for deportation cannot be deported in case of claiming asylum
Further deportation suspends if the detainee is a citizen of a country where there are not travel routes at the moment due to the military conflict or in case there will be well-founded doubts that the detainee will be in safe in case of deportation (e.g. Afghanistan, Syria, Yemen).
The detainee for deportation has a right to claim asylum in Ukraine, however still he/she will not have a right to leave the detention facility until the final consideration on the claim (only if justified), appealed detention or expiration of 18 months.
Detainees for deportation who stayed in camps for illegals in Ukraine for full 18 months have a right for a temporary residence permit after the release
To issue a temporary residence permit to a foreigner who was released from the illegal migrants’ detention facility should to receive a certificate of detention, issued on the basis of the conclusion of the State migration service of Ukraine on the impossibility of forced expulsion from Ukraine due to lack of travel document, transport connection with their country of origin or for other reasons beyond the control of such persons, after the expiration of the period of detention, or if the technical impossibility of forcible expulsion of a foreigner has been identified earlier.
The deportation decision which is not legitimate and/or unmotivated can be appealed only to the court and only during 6 months from its adoption.
After announcing the decision on forced return to the foreigner, the officials find out from the foreigner their intention to appeal against the said decision. If a foreigner intends to appeal this decision, the Center for Free Secondary Legal Aid shall be informed immediately, unless the foreigner has entered into an agreement with a private lawyer.
It is worth noting that a foreigner has a right not only for free legal aid or a private lawyer but also for a translator.
In case of a deportation decision make sure that you will get all the documents from the state authority about the adopted decision.
Deportation from Ukraine can be suspended
Only a lawyer who has an advocate’s license can represent the foreigner’s case in the court and with state authorities. An immigration advocate can suspend the deportation decision till the final consideration on the matter in the court, and there will be no need to leave the territory of Ukraine.
The litigation in the court might last for months or even a year depending on the difficulty of the case.
In case of winning the court case all the expenses for legal services as well as a moral harm can be compensated at the cost of defendant.
It does not matter the place of your stay in Ukraine, in which region you stay and the state authority location that filed the deportation decision – a lawyer can handle the case and protect your interests.