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Expulsion (deportation) of foreigners from Ukraine
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Expulsion from the country is the forced removal of a foreigner or stateless person from Ukraine by decision of the migration service, the border guard service or the SBU (Art. 30 of the Law "On the Legal Status of Foreigners and Stateless Persons"). In everyday speech it is called deportation. Ukrainian law does not use this word and distinguishes two measures: forced return and forced expulsion. Both decisions can be challenged in court, and the claim is heard within 10 days.
What we do
- We obtain a copy of the decision and check the ground, the departure deadline and the entry ban.
- We prepare a claim to the local general court acting as an administrative court (Art. 288 of the Code of Administrative Procedure of Ukraine).
- We take part in the hearing and, if necessary, file an appeal within the 10-day period.
- We object to a claim for detention and propose alternatives: a guarantee from an organisation or bail.
- We collect evidence of lawful stay, family and work in Ukraine.
- We check the grounds that prohibit expulsion to a dangerous country (Art. 31 of the Law).
What we need from you
- A copy of the decision on forced return or expulsion and the date when it was announced.
- Your passport and documents on your right to stay: residence permit, visa, extension stamps.
- Documents on your family, work, studies and housing in Ukraine.
- Contacts of people who can confirm the circumstances.
Why it is better to hand this to a team. The deadlines here are short: a return decision gives up to 30 days to leave, the court hears the claim within 10 days, and the appeal period is also 10 days. We collect the position and evidence at once, for the first claim.
Describe your situation to a lawyer urgently →
What to do after an expulsion decision
The decision states the grounds, the appeal procedure and the consequences of non-compliance. We record the date of announcement.
We check the decision against Articles 26 and 30 of Law No. 3773-VI: who made it, on what ground, and whether there is an entry ban.
We file with the local general court acting as an administrative court at the location of the authority or the temporary detention centre. No court fee is paid in such cases.
If the authority asks the court to detain the foreigner, we propose milder measures: a guarantee from an enterprise or organisation, or bail.
We file the appeal within 10 days of the announcement of the decision, and the court of appeal hears it within 10 days.
Expulsion, forced return and entry ban: the difference
| Measure | Who decides | Consequences |
|---|---|---|
| Forced return (Art. 26) | SMS, SBU or the State Border Guard Service | The foreigner leaves on their own within the period set in the decision, no more than 30 days. The decision may be accompanied by a three-year entry ban. |
| Forced expulsion (Art. 30) | SMS, the State Border Guard Service or SBU | Forced removal. A five-year entry ban, added to any previous ban. |
| Entry ban (Art. 13) | Authorised bodies on the grounds set by law | The foreigner is not allowed into Ukraine, including after expulsion. |
Expulsion is applied if the foreigner was detained for illegally crossing the border, there are reasonable grounds to believe that they will evade forced return, or they failed to comply with a return decision on time without valid reasons. An expulsion decision is not made if the grounds are identified at a border checkpoint when leaving Ukraine.
Forced return does not apply to persons under 18 or to those covered by the Law "On Refugees and Persons in Need of Additional or Temporary Protection". Article 31 prohibits returning or expelling a person to a country where their life or freedom is in danger, and prohibits collective expulsion.
How deportation from Ukraine works
- The authority makes a decision on forced return and gives the foreigner a copy. If the person stayed in Ukraine lawfully, a visa cancellation stamp is placed in the passport, the documents on the right to stay are withdrawn and cancellation of the residence permit begins.
- The foreigner must leave on their own within the period set in the decision.
- If they have not left or there is a risk of evasion, an expulsion decision is made. To detain the person, the authority applies to the court.
- By court decision, the foreigner is placed in a temporary detention centre. The court sets a detention period of up to six months with extension; the total period of detention is no more than 18 months.
- If a person in a temporary detention centre applies for refugee status, they remain there until a final decision on the application.
Deadlines for a court appeal
- A claim challenging a return or expulsion decision is filed with the local general court acting as an administrative court at the location of the authority that made the decision or of the temporary detention centre.
- The court hears the case with the mandatory participation of the parties within 10 days from the date the claim is filed.
- An appeal is filed within 10 days from the date the decision is announced.
- The court of appeal hears the case within 10 days after the appeal period ends.
- No court fee is paid for the claim and the appeal in such cases.
It is better to file the claim right after receiving the decision: the departure period in it does not exceed 30 days, and once it ends the authority may proceed to expulsion.
If you face deportation: what to do
- Take a copy of the decision and write down the date and time when it was announced.
- Collect documents on your right to stay: passport, visa, residence permit, extension stamps.
- Prepare evidence of your ties with Ukraine: marriage, children, work, housing, studies.
- If you are in danger in your country of citizenship, tell your lawyer immediately: this is a separate ground under Article 31 and a reason to apply for protection.
- Contact a lawyer before the departure deadline stated in the decision.
Related services
The first measure before expulsion: departure deadline and entry ban.
Protection of foreigners before the SMS and in court.
A lawful ground for stay removes the risk of return.
Sources: Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" No. 3773-VI, Art. 13, 26, 30, 31 (version of 01.07.2026); Code of Administrative Procedure of Ukraine, Art. 288, 289.
What is expulsion from the country?+
How does deportation differ from expulsion?+
How does deportation from Ukraine work?+
Can an expulsion decision be challenged?+
If you were deported, can you return to Ukraine?+
Who cannot be forcibly returned?+
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