Lawyer’s comments on how to apply for Extension of stay in Ukraine due COVID-19 quarantine and information about the COVID-19 pandemic quarantine in Ukraine.
Updated 02.01.2022
Authorized officials of the State Border Guard Service of Ukraine allow to cross the state border if the foreigner meets the following criteria:
1) he/she has a valid passport document;
2) the absence of a decision of the authorized state body of Ukraine on the ban on entry into Ukraine;
3) he/she has an entry visa, unless otherwise provided by the legislation of Ukraine;
4) confirmation of the purpose of the planned stay;
5) availability of sufficient financial security for the period of planned stay and for return to the country of origin or transit to a third country or availability of sufficient financial security in the territory of Ukraine.
In order to counteract the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 (hereinafter – COVID-19), foreigners crossing the state border to enter Ukraine must:
1) have an insurance policy (certificate) issued by an insurance company registered in Ukraine or a foreign insurance company with a representative office in Ukraine or a contractual relationship with a partner insurance company in Ukraine (assistance), covers costs, related to COVID-19 treatment, observation, and valid for the period of stay in Ukraine (except for a clearly defined category of persons);
2) have a negative result of testing for COVID-19 by polymerase chain reaction or rapid test for coronavirus antigen SARS-CoV-2, which was conducted no more than 72 hours before crossing the state border (hereinafter – a negative result of testing for COVID-19 ); or a document confirming receipt of a full course of vaccination from COVID-19 with vaccines included in the WHO list of permitted for use in emergencies, issued in accordance with the International Health Regulations (2005) or in accordance with international agreements concluded by Ukraine on mutual recognition of documents on vaccination against COVID-19 (hereinafter – the document confirming receipt of the full course of vaccination); or a foreign COVID-certificate confirming vaccination against COVID-19 with one or more doses of vaccines included in the WHO list of permitted for use in emergencies, a negative result of testing for COVID-19 by polymerase chain reaction or recovery of a person from COVID-19 (hereinafter – foreign COVID-certificate) issued by authorized institutions of the EU trust network member states or authorized institutions of other foreign states with which Ukraine has concluded international agreements on mutual recognition of COVID-certificates;
3) install and activate the mobile application “Home” (except for a clearly defined category of people).
In the absence of the above documents (insurance policy COVID-19 and / or a negative test result on COVID-19, a document confirming receipt of the full course of vaccination, foreign COVID-certificate) and in case of impossibility to install or refuse to install the mobile application “Home”, an authorized official of the state border protection unit shall refuse such a person to cross the state border in accordance with the procedure specified in Article 14 of the Law of Ukraine “On Border Control”.
Tests for entry into Ukraine are not required for vaccinated persons and children under 12.
Foreign tourists over 18 years old who have not been vaccinated against coronavirus and cross the state border to enter must install the Vdoma mobile app, which monitors self-isolation, regardless of the length of stay on the territory of Ukraine.
Self-isolation is not required if you undergo PCR testing or a rapid antigen test within 72 hours of entry and get a negative result.
Unvaccinated citizens arriving from Russia must undergo a mandatory 14-day quarantine without the possibility of early termination.
From September 20, 2021, foreigners and stateless persons who enter Ukraine for the purpose of transit and have documents confirming their departure from the country within 48 hours are exempt from self-isolation and, accordingly, installing the Vdoma application and undergoing testing in Ukraine.
If a foreigner has proof of vaccination, or a COVID certificate confirming recovery from COVID-19, he does not need to have a negative test, install the Vdoma application, self-isolate or take a test in Ukraine.
If the required vaccination certificate or COVID certificat is not available, the foreigner (other than the categories of foreigners defined in the exceptions below) installs the application “Vdoma” and undertakes to begin self-isolation 72 hours after entry. During this time, the person will be able to undergo PCR testing or perform a rapid test for antigen – in case of a negative result, self-isolation is not used.
If within 72 hours from the moment of crossing the border the negative test result was not received – the person must isolate himself for 10 days in the place specified during the authorization in the application “Vdoma”. It is also possible to stop self-isolation early, having received a negative result of the PCR test or the express test for antigen.
Exclusion! Self-insulation is not applied for (the Vdoma app is not installed):
– persons under 18 years of age;
– foreigners and stateless persons who have documents confirming departure from the country within 48 hours;
– heads and members of official delegations of foreign states, employees of international organizations, as well as persons accompanying them and entering Ukraine at the invitation of the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Office of the President of Ukraine, the Ministry of Foreign Affairs;
– employees of diplomatic missions and consular posts of foreign states, missions of official international missions, organizations accredited in Ukraine, and members of their families;
– persons who come to participate in official sports competitions held on the territory of Ukraine and their accompanying persons;
– persons arriving to participate in cultural events taking place on the territory of Ukraine, at the invitation of a cultural institution and their accompanying persons;
– servicemen (units) of the armed forces of NATO member states and member states of the NATO “Partnership for Peace” program, who participate in the training of units of the Armed Forces or arrive at the invitation of the Ministry of Defense;
– experts of border agencies of EU countries arriving in the framework of joint operations with the European Border and Coastal Defense Agency Frontex;
– members of official governmental and other delegations of Ukraine who return to Ukraine after short-term business trips abroad to participate in international consultations, negotiations, conferences, sessions of bodies of international organizations, meetings of intergovernmental commissions, other joint intergovernmental bodies;
– participants of external independent assessment, persons who intend to enter educational institutions, including courses (departments) in preparation for admission to state higher education institutions, applicants studying in educational institutions located in Ukraine, as well as parents (adoptive parents), guardians, trustees, other legal representatives or other persons authorized by parents (adoptive parents), guardians, trustees or other legal representatives accompanying such persons;
– drivers and crew members of freight vehicles, buses engaged in regular, irregular and pendulum transportation, members of air and sea crews, river vessels, members of train and locomotive crews;
– persons carrying hematopoietic stem cells for transplantation.
The current rules for crossing the Ukrainian border are regulated by the Resolution of the Cabinet of Ministers of Ukraine № 1236, with the latest amendments dated 06.12.2021.
Temporary entry ban for certain countries
From 03.12.2021 it is FORBIDDEN to enter foreigners and stateless persons who do not have a permit for permanent or temporary residence in Ukraine, and who have been for more than 7 days in the last 14 days on the territory of South Africa, the Republic of Botswana, Zimbabwe, Namibia, the Kingdom of Lesotho, the Kingdom of Eswatini, Mozambique, Republic of Malawi.
Exceptions: citizens of Ukraine; foreigners and stateless persons permanently or temporarily residing in Ukraine; spouses or children of citizens of Ukraine; employees of foreign diplomatic missions and consular posts, missions of international organizations accredited in Ukraine, and members of their families; other categories of foreigners and stateless persons in agreement with the Ministry of Foreign Affairs – after entry, they must undergo a mandatory 14-day quarantine.
How to apply for Extension of stay in Ukraine due COVID-19 quarantine?
Lawyer’s comments updated 09.10.2021.
Bureaucracy and uncertainty amid the coronavirus outbreak in Ukraine made many foreigners stuck without either 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 till the quarantine will end, still there are too many risks to have legal problems in Ukraine and here is why.
The changes to the legislation are not clearly drafted and allow an ambiguous interpretation
How to extend my legal stay in Ukraine due to the corona virus COVID-19 quarantine measures? Do I have a right to apply for a residence permit or its extension after the quarantine? How would it work out? Would the officials apply the law in the correct way? Would they admit the application for extension of stay? Would they not file a deportation decision with further entry ban? OR the rule means only that I will not be fined for “overstay” however I will still need to leave the country and to apply for a new visa? These and many other questions appear among foreigners in Ukraine due to the coronavirus outbreak and quarantine measures.
For now the COVID-19 quarantine in Ukraine is active till 31.03.2022
The most recent legal practice shows that generally most territorial departments of State migration service of Ukraine fulfill 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 from accessing basic public services such as registration of marriage, incorporation of business or even healthcare (except emergency cases).
Is it possible to apply for extension of legal stay in Ukraine during the COVID-19 quarantine?
First of all, let’s see what says 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 who have not been able to apply for extension stay in Ukraine AND/OR to exchange their permanent/temporary resident permits, SHALL NOT BE SANCTIONED, IF such violations occurred within the period of the quarantine.
These rules shall be applied to the foreigners and stateless persons who stayed legally in the territory of Ukraine FROM 12 MARCH 2020.
On 21.07.2021 the Government of Ukraine has restored the administrative responsibility for illegal stay in Ukraine despite the quarantine and amended changes to the Order of the Government No 259 from 18.03.2020 which allowed the foreigners not to be sanctioned for forced overstay in Ukraine due to the pandemic of COVID-19. The new rules came into effect on 07.08.2021.
All foreigners violating the rules of stay in Ukraine after 07.08.2021 are subject to sanctions!
The amendments repeal the norm of the resolution of the Cabinet of Ministers, according to which all foreigners who violated the term of stay on the territory of Ukraine during or as a result of quarantine, were released from administrative liability under article 203 of Code of Ukraine about administrative sanctions.
Unequal law enforcement practices lead to misunderstandings and negative consequences. However, ignorance of the law does not absolve from responsibility and this is the most important thing. After all, in addition to a fine for a foreigner, a decision on deportation may be made and entry into Ukraine from 3 to 5 years may be prohibited.
However, several exceptions are still possible
The Law of Ukraine № 3219 “On Amendments to Certain Legislative Acts of Ukraine Aimed at Preventing the Occurrence and Spread of Coronavirus Disease (COVID-19)” is still in effect.
In accordance to its provisions some foreigners are still excepted from the list of those who apply to the new rules and shall not sanctioned:
– foreigners and stateless persons who were unable to leave Ukraine due to the quarantine;
– foreigners and stateless persons who have not been able to apply to territorial bodies / subdivisions of the State migration service of Ukraine with a request to extend their stay on the territory of Ukraine and / or to exchange the residence permit (temporary or permanent) due to the quarantine.
And still there are several problems
First of all it will be difficult to prove that the person did not have a possibility to leave the territory of Ukraine in time because in different periods of time the quarantine restrictions in different countries were changing, and it is very possible to assume that the person could have a possibility to travel outside Ukraine at some moment, and not stay in Ukraine illegally from 12.03.2020 till the present time.
Secondly, the practice shows that authorities might not pay appropriate attention to the explanations. After all, a foreigner will have a limited time to appeal it.
So, what has to be done for a foreigner who overstayed in Ukraine during the COVID-19 quarantine?
If you have no grounds for extension of stay in Ukraine and do not have a residence permit which you have to exchange it is recommended to leave the territory of Ukraine. At least you will get a penalty amounting from 1700 to 5100 UAH. However you can avoid deportation decisions and the worst – the entry ban to Ukraine.
If you have no deportation yet then it is recommended to avoid visiting the migration service.
Instead it is recommended just to travel outside (airport, drive, etc). The advantage is that unlike the migration service the border guard service in most cases files only a penalty, without a deportation and entry ban decisions.
The payment of the penalty should be recorded in the state register appropriately
To avoid having an entry ban to Ukraine for 3 years a foreigner is obligated to send to the authority a receipt of the penalty payment in a prescribed manner.
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