Who can ban a foreigner from entering Ukraine?

A ban on entry into Ukraine is a decision of a state body in the form of a resolution prohibiting foreigners or stateless persons from entering the territory of Ukraine for a period of 3, 5 or 10 years. The grounds for the ban are provided for in Article 13 of the Law "On the Legal Status of Foreigners and Stateless Persons". The decision on the ban is made by authorized state bodies on the basis of factual data and evidence indicating the existence of grounds for the introduction of the ban.

1. The State Border Service of Ukraine may adopt a decision to ban entry into Ukraine in the event of violations by foreigners of the rules for crossing the state border, the period of stay in Ukraine, etc.
For example, a ban may be imposed in the event of:

• a foreigner providing false information or forged documents when crossing the border;
• a foreigner violating the rules for crossing the border at a checkpoint;
• an illegal crossing of the border by a foreigner outside the checkpoint;
• illegal entry into or exit from the temporarily occupied territory of Ukraine;
• in the event of a court decision on forced expulsion from Ukraine.

2. The State Migration Service of Ukraine may impose a ban on entry into Ukraine on its own initiative or on the initiative of criminal police units, pre-trial investigation bodies, patrol police units, a state or private executor, disease control and prevention centers, etc.
For example, a ban may be imposed in the following cases:

• if it is necessary to protect health, protect the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;
• if, when obtaining a permit to enter Ukraine, a foreigner provided unreliable information or forged documents;
• in the event of a foreigner's failure to comply with a court decision or the presence of unfulfilled property obligations to the state, individuals or legal entities.

3. The National Police of Ukraine may impose a ban in the interests of ensuring the national security of Ukraine and preventing other unlawful actions that directly pose a threat to the vital interests of Ukraine, or combating organized crime.

4. The Security Service of Ukraine (SSU) shall make a decision to ban a foreigner from entering Ukraine in the interests of ensuring the national security of Ukraine or protecting public order, or combating organized crime.
A ban may also be imposed in the event of:

• information received from a security agency of a foreign state, taking into account relevant international treaties ratified by the Verkhovna Rada of Ukraine;
• a submission by the Ministry of Foreign Affairs of Ukraine in accordance with UN Security Council resolutions providing for the application of personal sanctions.

Imposing a ban on foreigners entering Ukraine consists of several stages: drawing up a certificate, adopting a resolution and sending a power of attorney to the State Border Service.

The certificate is drawn up by authorized units of state bodies. The certificate indicates information about the foreigner - date, month, year of birth, gender, citizenship (nationality) or country of permanent residence, as well as, if available, data on the national passport or other document certifying the identity of the foreigner (type, series, number, issuing authority, date of issue), place of birth, place of work, position, place of residence, contact telephone number. The circumstances that serve as the basis for imposing a ban on entry are also indicated.

Based on the information in the certificate, an authorized person from the state body adopts a resolution on imposing a ban on entry into Ukraine. A copy of the resolution together with the order is sent to the State Border Service of Ukraine. The State Border Service of Ukraine places a note in the foreigner's passport document "Entry into Ukraine is prohibited for the period of ..." and certifies it with a signature and seal.

If you have additional questions regarding the imposition of a ban on entry into Ukraine for foreigners and the lifting of such a ban, you can contact a migration lawyer from INSEININ Law Firm for advice or assistance.

Our specialists provide the following services on this issue:

1. Legal consultation of a migration lawyer.
2. Support for the lifting of the ban in administrative proceedings.
3. Support for the lifting of the ban through the court.
4. Request to the State Border Guard Service of Ukraine regarding obtaining information about the presence or absence of a ban.