Fined, expelled, banned for 3 years. Overstaying isn't recommended
Last activity 21 May 2018 by nmerino
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Those who overstayed in Ukraine and wonder what to do now and what to expect on the border must find this post of their interest. No rumors, no silly advice, just pure law.
A warning or UAH 510 to UAH 850 fine is imposed on a foreigner overstayed in Ukraine (art. 203 of the Administrative Offence Code of Ukraine).
Moreover, any violation of immigration and visa legislation is a legal ground for authorities to expel from Ukraine (art. 26 of the Law of Ukraine On the Legal Status of Foreigners and Stateless persons). If such a decision is made, then the foreigner is given 30 calendar days for leaving the country. The authorities can also decide to ban the foreigner from re-entering Ukraine within 3 years.
P.S. Giving or offering a bribe imposes the following liability: fine UAH 8500 to UAH 12750, limitation freedom or imprisonment from 2 to 4 years (art. 369 of the Criminal Code of Ukraine).
Yes the US has laws like that. Unfortunately they're pretty poor in enorcing them. If they were good at enforcing these laws we would not have so many illegal immigrants here.
Hi, thanks for your post. I've been coming in and out of Ukraine since 2010, always calculating carefully beginning and end of 180 day periods. In summer of 2015 border service changed how they calculate so when I left in January 2016, they told me I had stayed 93 days and first time wouldn't be fined. This has really confused me about calculating days. I have two questions:
1. Can someone explain the new process?
2. Is there still beginnings and ends to 180 day periods?
Thanks in advance for your help
I don't understand what can be the problem about counting days.
Just count 1, 2, 3 …… 180 (including the first and the last in your count)
Hi Greykyiv, Thanks for your Explanation. These are the rules. If someone overstayed, Could you able to provide solution?
I've lived here 5 times and over stayed 4 times for over a year each time and only 3 of those times I had to pay 800 uah. Actually the last time I talked my way out of paying by saying I had no money. You really have this problem if your flying in and out of the Country. I have friends that regularly over stay and just take either a train or bus to Poland for a few days then come back in with no problem.
I know they can kick you out for 3 years, but have never heard of one instance. I think that would only happen if you are a menace to society / causing trouble, etc.
Hi cstoddard, Thank you. Currently, Are you in Ukraine? Where are you from? There are lot of persons are overstaying. As you said, you were fined 800 uah and how did you come again to Ukraine? They did not deport you 3 years.
And if your friends overstayed they how did they get Visa to Poland? there is no Immigration Check up?
How to solve this issues without deporting from Ukraine?
Do you have any ideas or solution?
Yes I live in Kyiv and my friends are both Americans and British so they don't need a Visa to enter Poland. Yes there is border control but it's more relaxed than Borispol the airport where they are sitting in front of a computer and scan your passport.
To Wileyc12--It would also cut down on illegals if there weren't so many ******in the US who (pretty much with impunity) break the law by hiring illegals and paying them **** to work, e.g. as housekeepers, nannies, and in sweatshops.
Reason : please no profanity
For those of you who have to experience this situation, I feel for you. Being married to a Ukrainian Citizen and following the law and doing my Visa D, 1 year temporary, 2nd year temporary and then the permanent resident, was a whole lot easier than going through the process to get my wife her U.S. Resident Visa.
But either way, we go back and forth and do not worry. Follow the process.
I got married to a Ukrainian back in 2000 in Zaporozia. I went through hell getting getting her the Spousal Visa because Kyiv didn't do it, we had to go to Warsaw, Poland. I never thought about getting a residency back then. So been divorced after 8 years. Living 6 yrs total, 1 year in Prague Czech republic.
For that I am glad I stayed here when I arrived. My wife made sure I had everything correct and had all of the proper documents. I had all of my documents in order and in time received my permanent resident. You can never know for sure if you intend to stay or go. She made it possible for me to enjoy my life with her.
For anybody who is currently overstaying please bear in mind that when you leave the territory of Ukraine you could be banned from re-entering for life.
They will give you a fine but it is completely up to the senior border crossing officer what happens to you. I was told if you have overstayed before you will get a ban. That ban depends on how long you have overstayed and how many times you overstayed. They aren't bothered if you are married or have a family in Ukraine they will ban you from re-entering the country if you have broken the law.
Don't forget this is no longer a simple rule it is the law.
I have heard of this "ban" which is now part of the Law, but I know of 3 individuals who have overstayed by more than a year recently and were only given a fine of 800 uah plus tax which I think they said it came to around 840 or 847 uah. Of course you never know what will happen so it is best to do everything the legal way. I know GreyKyiv (a commentor on here) personally and he can provide you with the best legal advice. He is also a great guy
Greykyiv is a trusted person. One of the few attorneys I trust, and his advice is sincere.
Hello!! Since your post is from 2016, I would like to know if the fine has increased or if there is a new regulation/law for overstaying in Ukraine. I am a foreigner that had a visa for 1.5 months, I am currently overstaying more than 1 year. How much will I have to pay? Can I be detained or interrogated at the moment of leaving through Boryspil? Any suggestions/advice? Thanks in advance...
If you are leaving by Boryspil you can expect a more harsh penalty than leaving by a land border crossing like Poland or Slovakia, when I crossed last year via a land border I was fined 880 UAH but that was all, no other endorsments and I can come and go every 90 days as I wish, however my wife has told me of two other people she knows who overstayed by about 12 - 18 months one had a 2000UAH fine plus 18 months ban and the other had an 880UAH plus three years ban, last time I traveled via Zhulyani airport back to the UK the guy next to me on the aircraft was in tears because he had overstayed by about 2 years and they banned him from reentering the territory of Ukraine for 5 years, so I guess it depends on the border officials at the time. I think I can safely say you will definitely get a fine and you will be asked where you have been all the time, did you work etc etc, at the end of the day they are only doing their job.
UkrAl, thanks a lot for your reply. Best wishes!!
Hey I came out from Ukraine in 2014 when there was war I had no money with me just managed to get flight ticket wen I reached the airport they asked for 100$ dollars and I didn't pay they banned me for 5 years and I still have my documents in Lugansk I want to go back n collect them what should I do
Overstaying update! Well, sadly I decided to leave Ukraine... I was living in Kremenchuk for 18 months, I came to this country with a tourist visa for 1.5 months, I really wanted a three month visa, but they said I didn't have the enough amount of money, which is questionable, because they demand that you must have aprox. US$ 3500 for each month you want to stay, but in reality with that amount you can really live (rent, bills, food and other goodies, depending on the city/place) for almost six months (!). Anyway, the thing is that I was sort of paranoid with this overstaying topic, even if my lifestyle was pretty home-based 90% of the time, the first two months I traveled between Kyiv, Uman, Svitlovodsk, most of that time in Kyiv, but then I only used to go out with my girlfriend with who I lived... I never had any incident or trouble. I'm from Peru, even if I don't look like a native Peruvian at all, I carry the curse (like we say in my country) of having a Peruvian passport.
I overstayed 18 months, which means that in total I stayed approximately 19-20 months. I went to the airport (Boryspil) 3 days ago, my flight was going to take off at 6 am, so around 5 am I was already headed for the border/immigration control area, the young lady seemed like inexperienced, and she even put a face like if she was deeply surprised and didn't know what to do, she called a young officer with military outfit, with a very friendly smile he asked me to follow him to a room close by, which I never got inside, we talked outside the room, next to the control area, he began telling me that in Ukraine there are some immigration laws and regulations, the 90/180 day limit, etc. I interrupted him in a nice way, first by apologizing for breaking any type of rule, and I admitted that I overstayed for several personal reasons, which I also explained to him some. I asked how many years will they ban me and how much will I have to pay... He said that they won't banned me at all, that after three months I can come back again, and he charged me only with 850 UAH. He stayed with my passport, I went to the 24 hour bank teller in the first level of the airport (arrival area), at that time it was empty, it took me only 10 mins., but they charged me 40 UAH of commission, so in total I paid almost 900 UAH. I went back to the immigration control area, had to do all the process again, even take my shoes off... He asked me if I had or knew the exact address where I was dwelling, I said I didn't, but I told him the name of the street and district, that's all I told him. He gave me two receipts, which he said to keep them as documents and that I'll have to show them if I planned to come again... He took me once again to the young lady at the control cabins/booths, and she finished the process by only stamping the date of departure over my visa, next to the entry date. The guy left, I stretched my hand and said thank you, he said no problem and with a friendly attitude and smile he invited me to come back, I apologized with the young lady and even joked with her saying that I was sorry to confused her and make her feel upset, she smiled and answered me that it was OK.. Was I lucky? Maybe... It also depends on your attitude and how you take control of the situation, overstaying is an administrative offence, you didn't enter Ukraine as an illegal immigrant, right? In fact, I spent almost US$ 10,000 in that country during that period of time, so after all I contributed with some people and supermarkets, right?
I recently went to visit Kyiv for 3.5 days, and received a 10 year ban with no reason given. I have been a regular visitor since Jan 2001, and spend loads of money in country. Have a car there, fully insured, and even speak Ukrainian. (and Russian)
I have not overstayed, not been to ATO or Krim since the war started, and not committed any criminal offence whatsoever. Either it's a stupid mistake by Ukraine DMS or I have some powerful enemy that I don't know about!
MusicalMan, so sorry to hear what happened to you. It's really kind of strange... Apparently, there's no reason at all for you to be banned, especially when you tell that you haven't overstayed, etc. The only detail could be the car (?). Or that the guard didn't like you at all, which is quite ridiculous, but possible. Unless, like you suggest, you have an "enemy", which doesn't make sense either. Try some legal assistance, I've heard of Zalizniak & Associates (http://www.immigrateua.com/ukraine-immi … onsultants). Maybe they can help you. Best wishes!
I have just been through this experience too. It seems to me that things are not as black and white as it would seem. There *may* also be different ways of interpreting the law too. Anyways, this is my experience...
I have been caluculating my 90/180 days and I was aware that I was up to my 90 day limit within 180 days. My first visit, within the 180 days actually started outside of the 180 day window and ended inside the window. In my mind, it meant that for every 1 day that expired, I had 1 new day that I could stay. I did this for 4 days before I left. However, this is not the case in my experience.
When I came to leave, they told me I had stayed for 94 days. They included the whole trip at the start of the 180 day window. So, it meant that I had to pay a small fine - about $25. But, there was no mention of a ban, I just politely apologised and explained how I'd made the mistake.
By the way, I left by car via the Krakovets-Korczowa Ukrainian/Polish border. At this border they have computer based passport control and scan passports.
3 weeks later, I figured that the whole trip was now outside of the 180 day window, so I could go back for a few days. I booked my flight and flew to Odessa. Again, they have computers to scan passports. I was immediately asked to wait and my passport disappeared.
They checked their computer system and I was told that I'd reached the 90 day limit. I explained that I'd calculated that I could come back for a few days as the oldest visit had expired. They accepted this, however, the rules also state that you must wait 90 days after your last visit, before you can come back. So, I was turned around and sent back on the next plane.
They were fairly good (apart from loosing my passport and baggage at one point). They told me that I was free to come back after 90 days and that I could also get a Visa and come back immediately. I was not banned, not fined, not in any kind of trouble at all. I was just not allowed in at this time.
All this happened yesterday, so I'm now trying to figure out how I get a Visa and what the best way for me to do it...
Simon-in-Nikolaev... Interesting point, although I'm sorry to hear that because of that issue you were sent back... Well, they told me the same, to wait 90 days/3 months in order to come back, but I'll wait a bit more, to avoid any 'counting' problems... Besides, in my case I need a visa to go back, I'm not sure if they will issue the visa again or not, even if they do issue a visa again, I'm still not sure if I'll be able to enter the country once I reach the airport, I've read cases in which they simply send you back without any reason at all... And if they check in their immigration system they'll find out that I once overstayed 18 months... So, if I go back I'll have all those things in mind and I'll just have to accept whatever happens to me. I really didn't think on going back to Ukraine, but now I have a reason to do it again... But, if they don't let me in, I'll take it as a bad joke from this ridiculous system that controls people like if we live in a worldwide prison, which is more like an obstacle against people's freedom, in my opinion... Anyway, good luck for you next time... Cheers!
TheMindcharmer wrote:But, if they don't let me in, I'll take it as a bad joke from this ridiculous system that controls people like if we live in a worldwide prison, which is more like an obstacle against people's freedom, in my opinion... Anyway, good luck for you next time... Cheers!
It's no joke. You're a guest in THEIR country. What's a joke is some foreigners thinking they can brazenly flout the laws of another country and suffer no consequences just because they come and throw their money around or believe it's their inherent right to visit or live there. It's disrespectful and arrogant.
Romaniac, it wasn't my intention at all to sound arrogant or disrespectful with my personal comment, in no way... And I don't think it sounds like that, perhaps for you it does, I apologize if you didn't get my point. And yes, it's "their" country... But when "their" rules and "their" laws only make it hard and difficult for some people, and I'm not talking about people that go over their to make any sort of crime, or terrorists, or 'bad people' with a criminal past/history, no... I'm talking about people, good people that simply had the chance to meet somebody over their and that they would like to spend their lives together, they fall in love, or whatever. But "their" rules or laws make it almost impossible, whether it's for the Ukrainian citizens or for the foreigner, and I can tell there are a lot of Ukrainian sensible citizens that don't agree with those same laws or regulations their own politicians impose, that in the end are more like an OBSTACLE against free and nice people... Well, maybe if you are rich or a millionaire you won't have those issues, right? But like many Ukrainians say, some foreigners deserve more to live in our country than many Ukrainian citizens, and for several reasons... But, anyway, it isn't my intention at all to start a topic like that here, I'm not interested... I was just sharing my point of view to some of the 'unfair treatment' that some foreigners had to go through... And, like I said, I will accept any consequences if they don't let me in again, which I repeat, I will simply take like a "bad Joke" from their old-fashioned rules and laws against some people. And yes, I don't agree with you, I think some people have the RIGHT to live wherever they want to live, even if it's not in their own country (which is just a mere circumstance where their parents and ancestors decided to stay), I think they deserve to find happiness where they find a person that wants to share his/her life with them... I don't encourage to break the law or rules of another country either, even if many people do it, because perhaps they have the enough money to bribe certain authorities, right? Not my case. Some rules or laws will change in the future, I'm sure of that... They have to be more flexible, in my opinion. You overstayed, fine, what's the big deal, pay the fine and welcome back, like the guard said to me... Unless you committed a crime. Thanks for your observation/comment. Cheers!
We should be thankful that Ukraine allows many foreigners into their country without a visa. I'm British and have a relationship with an Ukrainian lady for 5 years. I've very rarely stayed in Ukraine for more than 90 days, as in my retirement I like to travel and stay in other European countries also. My partner usually travels with me (on Schengen visas before Ukraine became visa free for most of EU). She has in/out visa stamps for many European countries over the last 4 + years. I got her to apply for a UK visit visa with myself acting as a sponsor. She was denied an entry visa on the grounds that 1. They were not satisfied that she was a proper tourist. 2. They considered that there was a high risk she would overstay. Perhaps I should point out that I'm 74 and my partner is 62 years of age, just in case you were conjuring up ideas that I was a guy in a relationship with a woman young enough to be my daughter.
The point I'm trying to make is that we should be happy that Ukraine allows most foreigners to come and go readily. Although I have learned that trying to marry in Ukraine and then get residency can pose many challenges.
Hi gizmo
I read with interest your post. I too tried for a visitors visa for my wife and they also laughed at me. I am 60 my wife is 55. We have been married for almost a year and We both live in Ukraine. The residency route is in fact very easy and costs about £30. Its like everything, theirs a right way a wrong way and the expensive way. It took me 10 days to get temp residence , 1 trip to city centre and about an hour of my time. And all the people are as helpful as they can be. The only thing is there black and white no real patience, and you need to do your home work. I found a way round the visa bit. Bit costly but if you wish to really show you lady the UK or at least some of it, the best way is book her a holiday trip from local company meet her at her hotel and do your own thing, but she must travel back with them, otherwise all hell lets loose. Just an idea.
Martin (Odessa)
I quiet agree 100% a lot of people complain but you find there bending the rules.
martin
Hi there
I would just like to throw something into the pot. This 90/180 rule is not just the Ukraine. There are a lot of places like this. My wife's daughter live in Turkey. She is not my daughter but before the 90 days is up i must leave as i a British, I then must stay away for 90 days. So its not just the Ukraine.
Martin (Odessa)
Hey there!
I would like to share my experience with you guys in hope that it’s going to help to someone just how it did to me what you shared here.
So here it is :
I traveled through the air to Kharkov, Ukraine with my boyfriend (he can speak somewhat Russian, which was a huge help at the border). Due to personal problems we had to overstay our 90/180 day period with 7 months. We were living in Kharkov and to be honest was so scared that basically never left the apartment where we were living (of course after the 3 months passed). When we were planning to finally come home, we were super anxious. Thanks to you guys, who shared their experience, here we still had a hope it’s going to be okay. And it was. We took a really late plain from Kharkov. Of course they stopped us at the border and had to go into an office where they copied
our documents and we had to sign a document about the fine which was 850 UAH / person. After that we even asked when could we come back and they said we have 2 options. 1. We get a visa. 2. We wait 90 days and just come back. They weren't asking anything, why we did it, where were we or etc. To be honest, this never happened with us before and we felt really bad that we had to do this, so even though they didn't ask anything we apologized several times. After we payed our fines (the whole process was like 15-20 minutes) we gone back to the passport control and they just stamped
our passports with the date stamp when we left and that was it. I guess we got really lucky and we can’t be grateful enough that even though we made a huge mistake, Ukraine didn't punish us for a lifetime.
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