By Part 1 of Art. 26 of the Law of Ukraine “On the legal status of foreigners and stateless persons”: “A foreigner or stateless person may be forcibly returned to his country of origin or a third country if their actions violate the legislation on the legal status of foreigners and stateless persons or are contrary to the interests of ensuring the national security of Ukraine or protection of public order, or if it is necessary for the protection of health, protection of the rights and legitimate interests of citizens of Ukraine.
According to clause 1.7. Instructions “On the forced return and forced expulsion from Ukraine of foreigners and stateless persons”, the decision on the forced return of a foreigner or stateless person from Ukraine is drawn up by an official of the migration service, the state border protection agency or the Security Service of Ukraine, and a message on the grounds for making such a decision is sent prosecutor within 24 hours.
The decision on forced return shall be issued to the person immediately. It indicates the period during which you need to leave the territory of Ukraine, but not more than 30 days. When such a decision is issued, a visa cancellation stamp is affixed to the passport, documents confirming the legal grounds for staying in Ukraine are withdrawn, and in case of a ban on entry into Ukraine, a corresponding mark is additionally affixed to the passport. Such an entry ban may be issued for three years, the period is calculated from the date of the decision.
The decision on forced return is announced to the foreigner in the presence of an interpreter and a legal representative (optional) against signature.
A foreigner is obliged to independently leave Ukraine within the specified period.
According to Art. 30 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”, the State Migration Service, the state border protection bodies, or the SBU bodies can only, based on an administrative court ruling issued at their request, forcibly expel a foreigner and stateless person from Ukraine if they have not complied with the established term for a decision on forced return or if there are reasonable grounds to believe that a foreigner or stateless person will evade the implementation of such a decision, except in cases of detention of a foreigner or stateless person for illegally crossing the state border of Ukraine outside the checkpoints and transferring him to the border authorities of a neighboring state.
If there is reason to believe that a foreigner or stateless person will evade the execution of a decision on his forced expulsion, and impede the expulsion procedure, the court may take one of the following decisions:
- Take a foreigner on bail of an enterprise, institution, or organization;
- Oblige a foreigner or stateless person to pay a deposit;
- Detain a foreigner or stateless person with placement in a temporary stay center for foreigners and stateless persons who are illegally in Ukraine.
In case of non-fulfillment by a foreigner or a stateless person of the obligations imposed by the court in connection with making a bail, bail, or violating the legislation of Ukraine on border issues or the legal status of foreigners:
- The deposited bail, at the request of the relevant body (division) or the initiative of the court, shall be transferred by the court to the income of the state;
- The authorized body may apply to the administrative court with a request to detain this person with placement in a temporary stay center for foreigners and stateless persons who are illegally in Ukraine.
Accommodation of foreigners in points of temporary stay is carried out by the administration of such point based on the above decision by the act drawn up by the point of temporary stay and the body that delivered the foreigners to the point. The period of detention in temporary residence points may not exceed 6 months. If there are conditions under which it is impossible to ensure the forced expulsion of a person within the specified period or to make a decision on the application for recognition of her as a refugee or a person in need of additional protection in Ukraine, this period may be extended, but not more than 12 months.
By paragraph 1 of Art. 30 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”, foreigners and stateless persons, for whom a decision on expulsion has been made, are prohibited from further entry into Ukraine for five years. The term of the ban on further entry into Ukraine is calculated from the date of such a decision and is added to the term of the ban on entry into Ukraine, which the person had by that time.
Deportation (expulsion) from Ukraine belongs to the category of coercive measures related to the expulsion of a person from the country. In some situations, it makes sense to contact an experienced migration lawyer to solve your problem as quickly and efficiently as possible. If the deportation of a foreigner in Ukraine threatens, this approach becomes the most reasonable solution.
Features of legal protection in case of deportation
Citizens of other countries who stay in Ukraine may face various problems that threaten deportation. A lawyer can be very helpful in such a situation. Among the main services here are:
- Reduction of terms.
- Appeal against the actions of employees of the state migration service.
- Contacting the embassy for restoration, obtaining a visa, etc.
With the help of the timely intervention of a qualified lawyer, you can count on preventing deportation. An experienced specialist provides appropriate services that allow you to appeal against the decision of the migration service. The main task of a lawyer, in this case, is to prevent the violation of the rights of foreign citizens in Ukraine.
There are various reasons for deportation, which are prescribed at the legislative level. Among the main ones, one can note the lack of documents, their expired validity, the commission of a crime, the expiration of a visa, etc. If this problem threatens, you need to contact a specialist who will help you prove your innocence as quickly as possible.
Help from professionals with the threat of deportation
If you enlist the support of a competent lawyer, you can count on competent assistance in case of a threat of expulsion from Ukraine, appeal, etc. A preliminary consultation will help to understand all the intricacies and prepare the necessary documents. The cost of the service is combined with the quality as harmoniously as possible if you turn to an experienced specialist with a positive reputation in this field. Therefore, always contact the best lawyer in Odessa on all migration issues.