How to count 90 days stay in Ukraine?

Ukraine was granted a “visa-free regime” for European Union member states. Great event for the Ukrainian society. There is still enormous quest for biometric passports. At the same time, oftener stories related to troubles to foreigners who violate laws of Ukraine in the sphere of border crossing occur.

Ukrainian guests become more worried of that they will be prohibited to come to Ukraine because of so-called “overstay”. These difficulties are related to the requirements of EU, the national safety of Ukraine to guarantee that foreigner stay in Ukraine legally and are not dangerous neither to Ukraine nor to its EU-partners. Therefore, more and more foreigners experience the denial of entry to Ukraine or even ban to enter Ukraine. The situation with introducing the specific rules of entry to Ukraine for Russian citizens is a colorful example of that Ukrainian government seeks to get larger control over Ukrainian border.

1. What is overstay and how it occurs?

According to Ukrainian legislation, Ukraine gives a right for many countries` citizens to stay in the territory of Ukraine without obtaining a visa for 90 days within the 180 days period.
How is it calculated?
1. You must choose a specific date of control, for example, it may be the date of planned entry to or departure from Ukraine.
2. Starting from this date, you must deduct 180 days in the past, which is a period where should be 90 days of the legal stay of the foreigner in Ukraine.
3. After you must check whether you have used 90 “visa-free” days within this 180 days period – you should count the days of stay in Ukraine in accordance with the stamps of entry and exit from Ukraine, which are indicated in the passport documents.
If during a 180 days period you count more than 90 days staying in Ukraine, it is considered that you violated the law and “overstayed”. You can easily check your "days" here using the migration calculator. See at: https://dmsu.gov.ua/en-home/duration-of-stay-calculation.html

2. What happens if the foreigner has overstayed?

This information is easily checked at the border control. Moreover, now border control system allows combining information on persons who use two passports of one country. According to article 203 of Code of Ukraine on administrative infringements, the foreigner will be punished with a fine in the amount 1700-5100 UAH.

Payment of this fine does not cancel the overstay, therefore, the foreigner will have to wait 90 days to re-enter Ukraine. Moreover, a foreigner may also experience such a penalty as a ban for entrance to Ukraine

3. How to stay in Ukraine more than 90 days?

There are few ways Ukrainian legislation for non-Ukrainian citizens to stay in Ukraine for more than 90 days:
1) get a temporary residency;
2) get a permanent residency;
3) extend a stay in Ukraine up to 180 days.

These regimes give right for a foreigner to enter and leave Ukraine legally (for some period or constantly) with no limitations. But it is also worth noting, for those who consider gaining one of the aforementioned statuses, you will have to cross the border before you get one of them, so you need not to in breach of border rules before applying.

4. What to expect in future?

The border crossing regime is not going to become easier. We expect new rules to be introduced for Russian citizens, more and more foreigners seek of getting legal status in Ukraine because of the political situation in neighbor-countries. The situation in the East of Ukraine also adds complications to that issue as well as the requirement of EU policies that Ukraine has undertaken to implement and perform.

About EXPATPRO
EXPATPRO is a leading boutique law firm in Kiev that focuses on immigration to Ukraine and offers personalized, top-quality legal services for foreign expats. Our clients are foreign individuals, businesses and investors who are pursuing business, employment or personal opportunities in Ukraine. Through comprehensive knowledge of legal, political and business areas, our migration experts will walk you through the jungles of Ukrainian law.