Cancelling and Appealing an Entry Ban to Ukraine

1. Entry ban to Ukraine — is an official decision of an authorised state body that restricts the right of entry to Ukraine for foreigners and stateless persons for a specified period.

2. The decision on the entry ban of a foreigner to Ukraine can be made by:

• State Migration Service;
• State Border Guard Service;
• Security Service of Ukraine;
• National Police of Ukraine.

3. The decision on the entry ban to Ukraine is time-limited and is usually made for 3 years.

4. If the decision was made unlawfully or the grounds on which it was made have been eliminated — the decision on the entry ban to Ukraine can be cancelled.

Have an entry ban or received a refusal at the border? We will clarify the reasons, help to eliminate them and cancel the ban as quickly as possible!

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How to check whether there is an entry ban to Ukraine?

It is possible to check whether a ban exists either directly at the border, or in advance in two ways:

1. Through a lawyer's request (within 5 business days);
2. Request to the SBGS on behalf of the foreigner (up to 30 days).

What are the most common reasons for an entry ban?

Entry ban to Ukraine — is a measure used by state bodies in the event of a foreigner's violation of Ukrainian legislation.

The most common reasons are:

• Violation of border crossing rules (for example, an attempt to enter with forged documents or visiting temporarily occupied territories outside official checkpoints).
• Exceeding the permitted period of stay in Ukraine (90/180 days or an expired residence permit).
• Non-fulfilment of property obligations to the state (unpaid fines for traffic violations, unfulfilled court decisions).
• Threat to national security or public order (by decision of the SBU).

Who can impose a ban?

Four authorised state bodies have the right to make a decision on the entry ban of a foreigner to Ukraine:

1. State Migration Service of Ukraine (SMS);
2. State Border Guard Service of Ukraine (SBGS);
3. Security Service of Ukraine (SBU);
4. National Police of Ukraine.

Are people notified of the ban in advance?

No, this is not mandatory. If the decision on the ban is made directly at the moment of the violation (for example, when processing a fine for exceeding the period of stay at a SMS unit), a corresponding stamp may be placed in your passport.

However, if the ban is imposed not at the time of recording the offence (for example, a SBU decision or a ban due to an unpaid traffic fine), the foreigner often finds out about this directly at the checkpoint, already trying to enter Ukraine.

What to do if a ban is discovered at the border?

The main rule is not to panic and not to conflict with border guards. SBGS officers at the border only carry out decisions and do not have the authority to cancel them "on the spot".

• Ask to be given the decision on refusal to cross the border.
• This document must state the reason for the refusal and indicate the decision on the entry ban to Ukraine from one of the state bodies.
• This document will become the basis for further actions.

Difference: refusal vs ban

Refusal to cross the border ≠ Entry ban

Not every refusal means that you are banned from entry. You may not be admitted due to a simple absence of a visa, medical insurance or insufficient funds. In such a case, it is sufficient to eliminate the deficiencies (purchase insurance, obtain a visa) and try to cross the border again.

If, however, an entry ban is in effect, it will be impossible to cross the border until it is fully cancelled.

How to cancel the entry ban to Ukraine?

In order to restore the ability to cross the border of Ukraine, you need to:

1. Clarify the exact reason (initiating body and circumstances).
2. Eliminate this reason (for example, pay a fine, fulfil a court decision or provide evidence of the groundlessness of the ban).
3. Submit a petition to the initiating body with evidence of the elimination of the violation and a request to cancel the decision.

It is important to understand: if the reason for the entry ban is not simply a fine or a petition from the executor of a court decision, but, for example, a SBU decision on a threat to national security — the procedure for cancelling/appealing such a ban will be significantly more complex and lengthy.

The fastest way to obtain information on the reasons for the ban is a lawyer's request. According to legislation, state bodies are obliged to provide a response to a lawyer within 5 business days. For comparison: a response to an ordinary request from an individual can be awaited for up to 30 days.

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How long does it take to remove the ban?

After the initiating body receives evidence of the elimination of the violation (for example, a receipt for payment of the fine), it reviews the case.

Usually the decision on cancellation of the ban is made within 5 business days from the date of receipt of the information. The cancellation is formalised by issuing a Resolution on the cancellation of the decision on the entry ban to Ukraine.

After this, the information is transferred to the Main Centre for Processing Special Information of the State Border Guard Service of Ukraine. Only after the border guards' database is updated will you be able to enter Ukraine without hindrance.

In total, the entire process may take approximately one month.

Is it necessary to go to court?

The procedure described above is the administrative path for cancelling the ban.

• Why do we start with the administrative path?

This is the fastest and most economical method. In most cases related to fines or minor violations, this is sufficient.

• What to do if the administrative path did not work?

If the state body refuses to cancel the ban and issues an official refusal, or the reason for the ban is much more complex than an ordinary offence, we proceed to judicial appeal.