Ukraine for You - Forced return

Forced return of foreigners and persons without citizenship

1. A foreigner or a person without citizenship may be forcibly returned to the country of origin or a third country if their actions violate the law on the legal status of foreigners and person without citizenship or contrary to the interests of national security of Ukraine or public order, or if it is necessary for health , rights and legal interests of citizens of Ukraine by a decision of the central executive body to implement the state policy in the field of migration, organ of the Security Service of Ukraine or the state border protection (against foreigners and stateless persons who are detained them within controlled border areas under trying or after illegally crossing the state border of Ukraine), followed by post within 24 hours of the prosecutor on the grounds of such decision. The decision to enforce the return of the period during which foreigner or a person without citizenship must leave Ukraine. Specified period must not exceeding 30 days from the date of the decision.

2. The decision to enforce the return of foreigners and persons without citizenship may be accompanied by a ban on further entry to Ukraine for three years. Term ban on further entry into Ukraine is calculated from the date of imposition of such a decision.

3. One of the copies of the decision to enforce the return of foreigners and persons without citizenship issued to a foreigner or a person without citizenship for which it is taken. The decision shall indicate the reasons for his decision, the appealing and consequences of failure.

4. The decision to forcibly return may be appealed to the courts.

5. A foreigner or a person without citizenship are solely responsible to leave the territory of Ukraine within the period specified in the decision to forcibly return.

6. Monitoring the correct and timely execution of the decision on forced return of a foreigner or persons without citizenship is the body that accepted it.

In order to control the execution of foreigners and persons without citizenship decision to forcibly return officers of State Border or central authority that implements the state policy in the field of migration, may accompany such foreigners and persons without citizenship on the territory of Ukraine.

7. If the decision of the forced return of a passport of a foreigner or person without citizenship a visa is canceled and withdrawn proof of lawful residence in Ukraine.

8. Forced return does not apply to foreigners and persons without citizenship who have not attained the age of 18, to foreigners and persons without citizenship who are covered by the Law of Ukraine "On refugees and persons in need of additional or temporary protection" (3671-17) .

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