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Questions for a migration lawyer

  • Removal of Foreign Nationals from Ukraine: What You Need to Know in 2026

    For any foreign national, forced departure from the country is an extremely undesirable event. It entails not only the disruption of an established way of life and sources of income, but also the severance of social ties, as well as the risk of a long-term ban on re-entry into Ukraine.

    At the same time, the issuance of such a decision is not a verdict. In practice, such decisions are often overturned by the courts. However, as attorneys, we regularly encounter the fact that clients do not fully understand that the procedure for the removal of foreign nationals from Ukraine may be carried out in two different forms, which differ significantly from each other, namely: forced return and forced expulsion.

    We propose to briefly review the key features of each of these procedures.

    Forced Return vs. Forced Expulsion

    Ukrainian legislation differentiates these procedures based on the degree of severity, the authority empowered to issue the decision, as well as the legal consequences in case of non-compliance.

    Forced Return

    Forced return is considered a “softer” measure.

    A decision on forced return may be adopted by the State Migration Service of Ukraine, the Security Service of Ukraine, or the State Border Guard Service, provided that, during the preparation of materials on an administrative offense in the field of legislation on the legal status of foreigners and stateless persons, relevant legal grounds are established. Such grounds may include, in particular, actions violating the border regime, actions contrary to the interests of national security, or measures aimed at protecting the health, rights, and legitimate interests of Ukrainian citizens.

    As a rule, a foreign national is granted up to 30 days to leave the territory of Ukraine voluntarily. At the same time, a decision on forced return may be accompanied by a ban on entry into Ukraine for a period of up to three years.

    Forced Expulsion

    Forced expulsion is an extreme measure of state coercion.

    It is generally applied in cases of illegal crossing of the state border of Ukraine or failure by a foreign national to comply with a previously issued decision on forced return.

    For the purpose of ensuring the expulsion procedure, and exclusively on the basis of a court decision, a person may be forcibly placed in a temporary holding facility for foreigners and stateless persons for a period of up to 18 months. In such cases, departure from Ukraine is carried out under the supervision (escort) of law enforcement authorities.

    A decision on forced expulsion is mandatory accompanied by a ban on entry into Ukraine for a period of five years, which is cumulative with any previously imposed entry ban, if such a ban was already in effect.

    State Migration Service of Ukraine: Grounds for Expulsion

    As demonstrated by our practice during 2024–2025, the grounds for decisions on the expulsion of foreign nationals adopted by the State Migration Service of Ukraine have included, in particular:

    • exceeding the permitted period of stay under a visa or under the 90/180 visa-free rule;
    • residence in Ukraine on the basis of invalid documents, including the use of an expired passport or a revoked residence permit;
    • considerations of national security, typically based on requests or materials received from law enforcement authorities;
    • failure to comply with a decision on forced return, where a foreign national previously received an order to leave Ukraine voluntarily but ignored it.

    In many cases, however, the expulsion process is of a purely formal nature and effectively reflects the desire of officials to meet established performance indicators. Decisions are often made without a proper assessment of the proportionality between the committed administrative offense and the degree of interference with the individual’s rights, without a comprehensive analysis of the circumstances in which the person found themselves, and without evaluating the potential consequences for family members and other related persons.

    Appeal Procedure and Time Limits

    If an unfounded decision on forced return or forced expulsion has been issued against you, you have a legal right to judicial protection.

    Time Limit for Appeal

    It is recommended to file a court appeal within 10 days from the date of receipt of the relevant decision.

    Where to File

    An administrative claim is filed with the local general court acting as an administrative court, at the location (legal address) of the authority whose decision is being challenged.

    Legal Consequences of Filing a Claim

    Filing an administrative claim suspends the enforcement of the expulsion decision until the completion of court proceedings. This allows the foreign national to gain necessary time and develop an effective legal defense strategy.

    Is It Possible to Avoid Expulsion?

    Judicial proceedings in such cases are adversarial in nature. While we never provide a 100% guarantee of success, in our practice the most effective arguments against expulsion often include:

    • the existence of strong social and family ties in Ukraine (spouses, children, parents permanently residing in the country);
    • a real risk of unlawful persecution in the country of origin for political, religious, or other reasons;
    • procedural violations committed by the public authority during the preparation of materials and adoption of the contested decision.

    Of substantial importance to the outcome of judicial review is the absence of a history of prior offenses and unfulfilled obligations on the part of the foreign national, as well as their proper procedural conduct. Avoidance of interaction with the State Migration Service of Ukraine or disregard for issued decisions negatively affects the legal position of the foreign national and significantly limits the possibility of legalizing their status.

  • How can a foreigner obtain a Ukrainian passport

    A Ukrainian passport is an official document confirming a person's Ukrainian citizenship. Ukrainian citizenship can be acquired based on grounds defined by law. Let’s consider the main ones:

    • 1

      By birth. Ukrainian citizenship is acquired in the following cases:

    • being born to parents who are Ukrainian citizens;

    • being born to one parent who is a Ukrainian citizen;

    • being born on the territory of Ukraine to foreigners or stateless persons (with the possibility of other variations in accordance with the law).

    • 2

      By territorial origin. This applies to individuals who have a direct relative (son, daughter, father, mother, grandfather, or grandmother) born on the territory of Ukraine before August 24, 1991.

    • 3

      As a result of naturalization. This includes marriage to a Ukrainian citizen lasting more than two years or continuous residence in Ukraine for three to five years, depending on specific circumstances. A person seeking Ukrainian citizenship must also meet additional requirements: recognition and compliance with the Constitution and laws of Ukraine, knowledge of Ukrainian history, having a legal source of income, proficiency in the state language, and obtaining an immigration permit to Ukraine.

    The law also provides for other grounds for acquiring Ukrainian citizenship, including:

    • reinstatement of citizenship;
    • acquisition of citizenship due to one or both parents holding Ukrainian citizenship;
    • and other cases defined by law.

    The procedure for acquiring Ukrainian citizenship is directly linked to the legality of a person’s stay in Ukraine at the time of applying for citizenship, as well as the commitment to renounce foreign citizenship in the future.

    Depending on the established procedure for renouncing previous citizenship, as well as confirmed participation in the military defense of the state, Ukraine may recognize the following documents as sufficient proof of renunciation of foreign citizenship:

    • a certificate confirming the completion of the citizenship renunciation procedure in the previous country of citizenship;
    • a declaration of renunciation or change of citizenship.

    Until the process of renouncing foreign citizenship is completed, a person who has acquired Ukrainian citizenship has the right to use only a temporary Ukrainian citizen’s certificate.

  • How to obtain a residence permit in Ukraine and what is the difference between temporary and permanent residence

    A residence permit in Ukraine is an official document confirming the right of foreigners or stateless persons to temporary or permanent residence in Ukraine. A residence permit can be either permanent or temporary.

    A permanent residence permit is issued to individuals who have obtained immigration permission to Ukraine and grants them unlimited employment rights along with other benefits. To obtain immigration permission to Ukraine, a foreigner or stateless person must apply to the territorial office (department) of the State Migration Service with the relevant application and a set of documents confirming the grounds for its issuance. The immigration permit has no expiration date or validity conditions, while the residence permit itself must be renewed every 10 years.

    Immigration permission can be granted to:

    • highly qualified specialists;
    • a husband or wife of a Ukrainian citizen or immigrant;
    • close relatives of Ukrainian citizens;
    • investors;
    • persons of Ukrainian territorial origin;
    • military personnel;
    • representatives of other categories defined by law.

    A temporary residence permit is issued for a specified period, depending on the grounds for obtaining it. Below are the most common grounds:

    • employment – for the duration of the work permit;
    • marriage to a Ukrainian citizen – for 1 year;
    • education – for the entire study period.

    It is worth noting that the rights of foreigners with a temporary residence permit are significantly limited compared to migrants who have obtained the right to permanent residence.

    Important requirements for obtaining a residence permit:

    • Citizens of countries with a visa regime must obtain a long-term visa.
    • Documents for obtaining a residence permit must be submitted no later than 15 working days before the end of the allowed stay in Ukraine.

  • Violation of the deadlines for considering applications for admission to citizenship of Ukraine, as well as renunciation of citizenship by the President of Ukraine

    All that remains is to wait.

    Indeed, since the beginning of 2020, there has been an almost complete cessation of the issuance of Decrees of the President of Ukraine on citizenship issues, which were previously issued (but not published) approximately once every three months. Cases on admission to citizenship that were positively reviewed by the State Migration Service of Ukraine and the Commission under the President of Ukraine on Citizenship Issues have remained without final consideration by the President for many years.

    It should be noted that such a stop is not selective according to the country of origin of the applicants or the grounds for acquiring citizenship.

    At the same time, some individuals have nevertheless been admitted to citizenship on an individual basis in recent years. This may indicate a change in the policy of the Office of the President in the field of citizenship towards its strengthening.

    Administrative courts, when considering disputes with the Office of the President of Ukraine on citizenship issues, as a rule, refrain from interfering with the discretionary powers of the head of state, leaving the applicants only hope.

    The Grand Chamber of the Supreme Court concluded that the President of Ukraine’s failure to take action to issue a decree on granting Ukrainian citizenship does not currently have the character of unlawful inaction and cannot be recognized as such.