Deportation from Ukraine is the forcible expulsion of the citizen of another country from the territory of Ukraine. Foreigners often find themselves in situations where they face deportation, and only the intervention of the qualified lawyer can prevent this process.
It is worth seeking legal assistance in the following cases:
- if there is a threat of deportation;
- if it is necessary to reduce the period of deportation;
- to dismiss false accusations of offenses committed by the foreigner;
- if necessary, apply to the embassy to restore the visa or obtain it.
Deportation from Ukraine: reasons for expulsion of foreigners
The reasons are determined by Ukrainian legislation; they include:
- expired passports and documents allowing you to legally live, study or work in Ukraine;
- finding the citizen of another country in Ukraine without any documents;
- work permit in Ukraine, which does not meet the requirements of the legislation;
- committing the criminal offense;
- illegal crossing of the Ukrainian border;
- expiration of the migration visa;
- violation of the rules of transit through the territory of Ukraine;
- non-compliance with the rules of movement and change of residence in Ukraine.
Remember: if the stateless person or foreign citizen has been charged under one or more of the above counts, you must prove your innocence as soon as possible. Therefore, it is necessary not to delay and at once to address to migration lawyers for the operative decision of the problem.
How does deportation from Ukraine take place?
According to the norms of Ukrainian legislation, when the detained foreign citizen is officially announced about his expulsion from Ukraine, his rights, obligations, possible consequences and the period for which he must leave the country must be explained. If he committed an act that directly threatened the security of society or the state, the mark “undesirable person” is put in his passport.
In order to avoid possible deportation of foreign citizens from Ukraine and any conflicts with the migration service, it is necessary to draw up documents for residence in the country in time, namely:
- registration;
- invitation;
- work permit;
- residence permit;
- TIN;
- refugee status;
- citizenship.
If the decision on deportation has already been made, then you need to contact a lawyer to solve the problem in court. We will help you appeal the decision and stay in Ukraine legally.
Deportation from Ukraine: deadlines for solving the problem
Any conflict situation with employees of the migration service for foreigners threatens with deportation. To prevent this from happening, you need to consult a lawyer who:
- knows all the nuances of the law;
- will help to restore the rights of the foreign citizen on the territory of Ukraine;
- mitigate the punishment and eliminate possible negative consequences as soon as possible.
Deportation from the country, the consequences of which are unpredictable both for the foreigner himself and for his family members, can be postponed or canceled if you ask for help in time. Prices for the services of our lawyers depend on the deadline and the complexity of the procedure for appealing the decision of the migration service. The final cost is discussed with each client individually and is prescribed in the contract for the provision of services. In addition to services for protection against deportation, we also provide assistance in the preparation of all types of documents for foreign citizens.
Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons"
https://zakon.rada.gov.ua/laws/show/3773-17?lang=en
Article 30. Forced expulsion (deportation) of foreigners and stateless persons
1. The central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, its territorial bodies and territorial subdivisions, state border protection bodies or bodies of the Security Service of Ukraine may decide on the forced expulsion of foreigners and stateless persons from Ukraine if such persons are detained for illegal crossing (attempt to cross) the state border of Ukraine.
{Paragraph one of part one of Article 30 as amended by Law No. 2952-IX of 24.02.2023}
{Amendments to the first paragraph of the first part of Article 30 adopted by the Law of Ukraine No. 2813-IX of 01.12.2022 cannot be made (words to be replaced are missing)}
A decision on forced expulsion shall not be made in respect of foreigners and stateless persons whose grounds for forced expulsion are identified at checkpoints (control points) across the state border during their departure from Ukraine.
{Part one of Article 30 is supplemented by the second paragraph according to the Law No. 1379-VIII of 19.05.2016; as amended by the Law No. 2952-IX of 24.02.2023}
Foreigners and stateless persons referred to in this Article are prohibited from further entry into Ukraine for a period of five years. The term of prohibition of further entry into Ukraine shall be calculated from the date of such decision and shall be added to the term of prohibition of entry into Ukraine that the person had before.
{Part one of Article 30 is supplemented by the third paragraph according to the Law No. 1379-VIII of 19.05.2016; amended by the Law No. 2952-IX of 24.02.2023}
2. The decision on the forced expulsion of foreigners and stateless persons may be appealed in the manner prescribed by law.
{Part two of Article 30 as amended by Law No. 2952-IX of 24.02.2023}
3. The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, or the state border protection body, on the basis of a relevant court decision, has the right to place foreigners and stateless persons referred to in part one of this Article in temporary accommodation centres for foreigners and stateless persons who are illegally staying on the territory of Ukraine.
{Part three of Article 30 as amended by Law No. 2952-IX of 24.02.2023}
4. Foreigners and stateless persons who do not have legal grounds for staying on the territory of Ukraine, detained in accordance with the established procedure and subject to forced expulsion from Ukraine, including those admitted in accordance with international agreements of Ukraine on readmission, are placed in temporary accommodation centres for foreigners and stateless persons illegally staying in Ukraine for the period necessary for their identification and ensuring their forced expulsion (readmission) from Ukraine, but not more than for eighteen months.
In case a person applies for recognition as a refugee or a person in need of complementary protection in Ukraine during his/her stay at the temporary stay centre for foreigners and stateless persons illegally staying in Ukraine, he/she continues to stay at the said centre until the final decision on the application is made.
{Part four of Article 30 as amended by Law No. 1379-VIII of 19.05.2016}
5. The decision on the forced expulsion of a foreigner or stateless person is executed by the central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, except for decisions taken by the state border protection bodies, which are executed by such bodies. Control over the correctness and timeliness of the execution of a decision on forced expulsion is exercised by the body that made such a decision. In order to control the execution by a foreigner or a stateless person of a decision on forced expulsion, officials of the state border guard body or the central executive body implementing the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, shall accompany such a foreigner or stateless person/
{Paragraph one of part five of Article 30 as amended by Law No. 5459-VI of 16.10.2012; as amended by Law No. 2952-IX of 24.02.2023}
{Amendments to the first paragraph of part five of Article 30, adopted by the Law of Ukraine No. 2813-IX dated 01.12.2022, cannot be made (words to be replaced are missing)}
The central executive body that implements the state policy in the field of migration (immigration and emigration), including combating illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, whose official accompanied a foreigner and a stateless person who was forcibly expelled by a decision of the Security Service of Ukraine, shall inform such body about the execution of the decision on forced expulsion.
{Paragraph two of part five of Article 30 as amended by Laws No. 5459-VI of 16.10.2012, No. 2952-IX of 24.02.2023}
6. The Model Regulation on the Temporary Accommodation Centre for Foreigners and Stateless Persons illegally staying in Ukraine is approved by the Cabinet of Ministers of Ukraine.
7. The central executive body that implements the state policy in the field of migration (immigration and emigration), including counteraction to illegal (irregular) migration, citizenship, registration of individuals, refugees and other categories of migrants defined by law, the Security Service of Ukraine or the state border protection body ensures fingerprinting of foreigners and stateless persons referred to in part one of this Article, and, if necessary, the collection of other biometric data in accordance with the law.
8. The provisions of this Article shall not apply to foreigners and stateless persons covered by the Law of Ukraine "On Refugees and Persons in Need of Complementary or Temporary Protection".