Bureaucratic terror and uncertainty amid the coronavirus outbreak in Ukraine made many foreign citizens and stateless persons stuck without neither a possibility to leave the country nor to manage paperwork for legal stay to avoid overstay. Despite that on 17.03.2020 the Government of Ukraine issued a resolution that prescribes that foreigners who could not leave the country or to apply for residence permit shall not be penalized for illegal stay in Ukraine within 30 days after the quarantine will end, still there are too many risks to have legal problems in Ukraine and here is why.
The changes made to the legislation are not clearly drafted and allow for ambiguous interpretation and application, which raises many questions and risks. How to extend my legal stay in Ukraine due to the corona virus COVID-19 quarantine measures? Do I have a right to apply on residence permit or its extension after the quarantine? How it would work out? Would the officials apply the law in correct way? Would they admit the application for extension of stay? Would not they file a deportation decision with 3 years entry ban? OR the rule means only that I will not be fined for “overstay” however still will need to leave the country and to apply on new visa? These and many other questions appear among foreigners in Ukraine due to the coronavirus outbreak and quarantine measures.
The most recent legal practice shows that generally most territorial departments of State migration service of Ukraine fulfil the temporary migration rules, however staying illegally in Ukraine is not a good idea as well as in any country. Illegal stay in Ukraine prevents the foreigner to access many basic administrative services such as registration of marriage, incorporation of business or even access to basic healthcare. Apart from that, knowing the preferred way of “work” of some territorial departments of State migration and border guard services, their harmful practice of violation of foreigners’ rights and freedoms which oftentimes lead not only to 1700-10200 Hryvnas penalties but the worse situations like deportation and 3-years entry ban, – it is highly recommended to get well-prepared in order to extend the legal stay and avoid the mentioned above negative consequences.
The good new is that the most recent Ukrainian legislation allows foreigners to extend their stay in the territory of Ukraine even because of the dangerous pandemic situation that is changing every day in the countries of origin where the above mentioned foreigners are from.
First of all, let’s see what does mean the Law of Ukraine № 3219 «On amendments to some legal acts of Ukraine, aimed to prevent the emerging and spread of the coronavirus infection (COVID-19)». In particular, the Law foresees that due to quarantine, foreigners and stateless persons that have not been able to apply to the territorial Units and Departments of the State Migration Service of Ukraine to prolong the period of their stay in Ukraine AND/OR to exchange their permanent/temporary resident permits, WILL NOT BE PENALIZED for violation of the legislation on the legal status of the foreigners and stateless persons, IF such violations have occurred within the period of the quarantine. It’s important to stress out, that these rules shall be applied to the foreigners and stateless persons who stayed legally in the territory of Ukraine as of the beginning of quarantine measures.
Secondly, on 18.03.2020 the Government of Ukraine has approved the Resolution of the Cabinet of Ministers of Ukraine № 259 “Some issues on the implementation of migration legislation during the quarantine period in the territory of Ukraine”.
In accordance to the above mentioned Resolution, processing and issuance of the documents which confirm citizenship of Ukraine or a special status of a person shall be carried out in the place, where the person has applied.
Also the government has approved the following:
Thirdly, according to the decision of the Government from May 25, the State Migration Service of Ukraine resumed the restrictions imposed in connection with the quarantine in Ukraine.
In particular:
Thus, in terms of the mentioned above it is very clear that no any foreigner shall be filed for overstay if he/she stayed in Ukraine legally on 12.03.2020, if state authorities will try to do so, then it is a subject for an appeal to the court. All foreigners who legally stayed on 12.03.2020 and were unable to apply for extension of their stay, residence permit or citizenship, all they have right to do it within 30 days after the official end of quarantine, as for now the quarantine should be lifted on 28.02.2021.
On other hand, despite staying illegally in Ukraine till 30 days after the quarantine end will not make troubles like penalties, deportation or entry ban, still such foreigners may have difficulties with access to certain public services (e.g. to apply for tax ID, register business in Ukraine, to register marriage and other services) and maybe some other services depends on the individual circumstance.
You are kindly welcome to contact our immigration lawyer who has wide and positive experience on dealing with state authorities, do not delay with your problem and better contact us as soon as possible in order to protect your rights. Inactivity or contacting persons who do not have lawyer’s license might cause you irreparable damage, lead to unforeseen negative consequences such as penalties, deportation and 3 – 10 and more years entry ban.
Read also about:
Foreigners banned to enter Ukraine again, till 28.09.2020, except certain people
Does quarantine suspend the rules of stay in Ukraine for visa-free travel
Who has a right to enter the territory of Ukraine till lockdown end on 22.06.2020
Police stopped due to the quarantine regime FAQ
Can you walk down the street without a mask: the government has clarified all new ban
Limitations of state migration service work due to COVID-19 quarantine
Inactivity or contacting persons who do not have lawyer’s license might cause you irreparable damage and lead to unforeseen negative consequences.
This article is for guidance only and do not replace individual legal advice. The use of this material in personal files without prior legal advice from a lawyer can cause you irreparable damage. The author does not guarantee the correctness, completeness, relevance or quality of the information provided. The author is not liable for damage resulting from the use of this article. This does not apply in cases where the damage was caused by intentional or gross negligence.
This content is protected by copyright. Use of materials posted on this site is allowed only with the written consent of the author. When using our materials, a link to this site is required.
Visa to Ukraine
– Business visa to Ukraine (C-01)
– Private visa to Ukraine (C-02)
– Tourist visa to Ukraine (C-06)
– Work visa to Ukraine (D-04)
– Volunteer visa to Ukraine (D-10)
– Study visa to Ukraine (D-13)
– Family visa to Ukraine (D-02, D-14, D-15)
– Appeal visa refusal to Ukraine
– Cancel entry ban to Ukraine
Other visa services
Immigration to Ukraine
– Extension of stay in Ukraine general
– Extension of stay in Ukraine because of COVID-19 quarantine
– Temporary residence permit
– Permanent residence permit
– Immigration based on marriage
– Immigration based on business
– Citizenship of Ukraine
– Citizenship of child in Ukraine
– Address registration
Other services on immigration
Doing business in Ukraine
– Limited liability company
– Private entrepreneur
– Tax identification number
– Legal address for business
Other services on business
Advocate in Ukraine
– Appeal unlawful quarantine violation protocol
– Appeal refusal on issuance of residence permit
– Appeal refusal on immigration permit to Ukraine
– Appeal refusal on acquiring citizenship of Ukraine
– Appeal deportation from Ukraine
– Litigation with university
Other services of advocate
Schengen and EU national visa
– Poland
Real estate in Ukraine
– Apartments for daily rent
– Apartments for monthly rent
– Apartments for sale
– Houses for daily rent
– Houses for monthly rent
– Houses for sale
– Lands for rent
– Lands for sale
– Hotels
– Hostels
– Business estate for rent
– Business estate for sale
2014-2020. All rights reserved. The offers and prices indicated on the site are neither advertising nor an offer. Welcome to AR MAX GROUP