Each year a few thousands of foreign citizens get a ban to visit Ukraine. Most usually Ukrainian bans are applied for a period of three years, and such measures taken by Ukrainian government have a significant impact on plans of foreigners in Ukraine, planning, one way or another, to bind their life with Ukraine:
- an international student cannot return to Ukraine to continue his/her studies;
- foreigners cannot reunite with their family members residing in Ukraine;
- foreign business owners of companies based in Ukraine cannot properly coordinate business activities from Ukraine;
- ban to visit Ukraine with any type of purpose, including medical.
Sure enough, the best way would be not to get any ban and do everything possible to avoid such negative consequences, as in case even if the decision about the ban have been taken with considerable violations of law, you will be the one responsible for proving that fact, what by all means leads to time and financial costs. Rough road waits for you after the first corner: because of the ban to visit Ukraine you cannot take part in any court hearing by yourself and your interests in Ukraine can be represented only by a licensed lawyer.
A ban to visit Ukraine is a special type of sanctions used by Ukrainian state against foreign citizens and stateless persons, and these sanctions shall be applied according to the law and prescribed procedure. Violation of the laws and procedures regulating the ban issues may lead to cancellation of such a ban.
Above mentioned paragraph literally says that bans to visit Ukraine can and should be appealed. According to our practice, the first stage in any ban case would be filling an appropriate inquiry to state authorities to find out official details concerning your ban. You may be surprised, but 70% of foreign citizens who got their ban while entering Ukraine by airport cannot precisely say what was the main reason of the ban, and moreover, documents provided to these foreigners by Ukrainian Border service usually contain vague statements. Such an informational vacuum does not give a person an opportunity to see the true reason of a ban, and sometimes even hide the fact, that ban decision was taken illegally. A lawyer might get all necessary information, but that is rarely possible without appropriate power of attorney, so make sure your lawyer has the power to act on your behalf.
The procedure to cancel the ban to visit Ukraine depends on the presence of specific evidence in your case and the speed you decide to take action against authorities. In 15% of all cases the ban can be lifted by a government representative who gave the ban initially, and in other 85%, the only way to lift a ban is a relatively long term, from 4 to 12 months, court procedure of cancellation of illegal actions of Ukrainian state authorities.
Many people consider a ban to visit Ukraine as an insuperable obstacle, which makes them forget about Ukraine for a long time. Cancellation of a ban is a pretty complicated legal process, which is not available in absolutely all ban cases. We advise all foreigners residing or planning to reside in Ukraine to evaluate their own actions regarding any possible “ban” consequences, as we said before that it’s much cheaper to anticipate authority’s negative actions than to fight the negative consequences of such actions.