Overstay in Ukraine
Overstay in Ukraine is one of the common violations of the Ukrainian migration law committed by foreigners. There are a lot of reasons for the said violation and the COVID-19 pandemic is one of them. What to expect and how to deal with the said violation if you are overstayed in Ukraine due to the COVID-19 pandemic?
Please see our short analysis regarding the above issue below and note that our recommendations apply only to foreigners entering Ukraine as tourists.
Did the official introduction of the COVID-19 quarantine in Ukraine change something for foreigners who overstayed in Ukraine?
Despite the COVID-19 quarantine introduction, foreigners must still comply with the terms of their stay in Ukraine. The liability for the overstay in Ukraine was temporarily abolished until 7 August 2021. The said abolition was applied to any overstay in Ukraine within the period of official COVID-19 quarantine and did not depend on the reasons for the overstay.
However, starting from 7 August 2021 foreigners overstaying in Ukraine within the period of official COVID-19 quarantine will be brought to the liability. Please note that applicable laws still provide for the exemption. If a foreigner violates the migration rules by overstaying in Ukraine within the period of official COVID-19 quarantine and only due to the quarantine measures applied within the period of COVID-19 quarantine (e.g. state authorities’ offices are closed due to quarantine restrictions), he/she will not be brought to liability. Please note that this exemption is only based on state authorities' interpretation of applicable laws and the said laws do not clarify what these measures are.
Applicable laws provide for the following fines for overstaying in Ukraine: from UAH 1,700.00 (EUR 55 at the official exchange rate of the NBU on 1 January 2022) to UAH 5,100.00 (EUR 165 at the official exchange rate of the NBU on 1 January 2022).
Please note that if a foreigner does not pay the fine imposed for the overstay in Ukraine, an entry ban may be imposed by the Migration Service of Ukraine. The terms of such an entry ban can range from 3 to 10 years, depending on the actions of the foreigner.
What to do?
If you are expected to overstay in Ukraine, there is a possibility to submit an application to state authorities in order to extend the terms of stay in Ukraine. Please note that such extension is conditional upon the sufficient circumstances requiring your overstay and must be approved before the actual overstay. Applicable laws do not provide for the closed list of sufficient circumstances but include the following circumstances: medical treatment, pregnancy or childbirth, care of a sick family member, registration of inheritance, applying for an immigration permit, or obtaining Ukrainian citizenship.
If you have already overstayed in Ukraine, you must pay fines and leave the country to avoid the entry ban.
Given the above, we recommend contacting our lawyers to help with the extension of terms of stay in Ukraine or payment of fines. You can contact our Legal Services Department on this PAGE.