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How they calculate 90 days and how they know you overstayed

Calculation of 90 days can be done in 3 cases:

No. I. When a foreigner is entering Ukraine.

Calculation of 90 days is made by an officer of the State Border Service at the checkpoint under the following formula: X (day of entering Ukraine) – Y (180 days). A foreigner is not in breach when he has been on the territory of Ukraine not more than 90 days within this 180 days period. A foreigner is not in breach of the 90 days rule if he has been in Ukraine less than 90 days within this 180 days period. If calculation reveals there are more than 90 day, then entrance to Ukraine is denied.

No. II. When a foreigner is already in Ukraine.

Calculation of 90 days is made by an officer of the State Migration Service under the following formula: X (date for which the fact of overstaying is checked out) – Y (180 days). A foreigner is not in breach of the 90 days rule if he has been in Ukraine less than 90 days within this 180 days period. If calculation reveals there are more than 90 day, then a report on administrative infringement of law is issued.

No. III. When a foreigner is departing from Ukraine.

Calculation of 90 days is made by an officer of the State Border Service at the checkpoint under the following formula: X (day of departure from Ukraine) – Y (180 days). A is not in breach of the 90 days rule if he has been in Ukraine less than 90 days within this 180 days period. If calculation reveals there are more than 90 day, then a report on administrative infringement of law is issued.

Automatic calculation at checkpoints.

Analyzing court cases re overstaying 90 days I found out that (as of 2014) when crossing a checkpoint at the border, information about you is filled into the digital database called “Гарт-1 П” (Gart-1 P) that automatically calculates your 90 days. This “Gart-1 P” has 2 sub-databases called “БД 1-11” (BD 1-11) and “ПТР - 90” (PTR - 90). If this “Gart-1 P” detects you are overstayed, then it signals to the officer and you are in trouble.

P.S. You can read about fines and bans for overstaying in another discussion on this forum.

In some cases a time period of staying in Ukraine may be prolonged by the State Migration Service.

For cases of staying in Ukraine under a short term visa(also includes types C-2, C-3, Б, Л, М, Н, Р, Г, К, Т, П-1, ОПand П-2 issued before September 11, 2011) or under a visa free regime: if there is a reasonable purpose like medical treatment, pregnancy or delivery, nursing an ill family member, execution of inheritance, submission of documents for getting an immigration permit or Ukrainian citizenship, fulfilment of obligations by a foreign correspondent or representative of a foreign mass media, other. Any of such event has to be evidenced by relevant documents. Prolongation is granted for a period of the respective event but not longer than for 180 days from the day of last entrance into Ukraine.

For cases of staying in Ukraine under a long term visa (also includes types O, IM-1, IM-2, IM-3 and Ф issued before September 11, 2011) provided that a temporary or permanent residency certificate has not been obtained during a validity term of the visa due to valid reasons. Any of such event has to be evidenced by relevant documents. Prolongation is granted for a period not longer than 1 month.

Head of a territorial body or subdivision of the State Migration Service or his deputy may prolong a term of stay for longer than designated above in case a foreigner has submitted an application for immigration permit or for obtaining of Ukrainian citizenship. Head of the State Migration Service or his deputy may prolong a term of stay in other cases provided that there are evidencing documents.

Applications for prolongation of a term of stay are submitted not earlier than 10 business days and not later than 3 business days before expiration of the term of stay to territorial bodies or subdivisions of the State Migration Service by the place of residence of the applicant.

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