MAGISTERS / IMMIGRATION LAW

Appeal Against Deportation from Ukraine

Received an order for forced return, forced expulsion or an entry ban? We examine the legal grounds, deadlines and actions of the immigration authorities. We prepare court proceedings and evidence to protect your immigration status.

Review SMS, SSU and Border Guard decisions

Assess deadlines and legal risks

Prepare court claims and evidence

Represent you in court

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Kyiv · Kharkiv · Odesa · assistance for foreign nationals and families across Ukraine

01 / WHEN TIME IS CRITICAL

An order has been issued. Every document now matters

A deportation appeal begins with the exact order, not a generic complaint. The everyday term “deportation” can refer to several distinct legal procedures. Confusing them can lead to the wrong legal remedy.

FIRST PRIORITY

Identify precisely what happened

We need the order, the date it was served, the issuing authority and the deadline for departure. If you do not have a copy, we determine how to obtain it and document the circumstances of notification.

02 / SEEK URGENT LEGAL ASSISTANCE IF

Situations where a delay can weaken your case

An immigration violation does not automatically result in expulsion. Once a decision has been issued, the response depends on the dates, the person’s status and the action taken by the authority.

SMS DECISION

You have been ordered to leave Ukraine

The order sets a deadline for voluntary departure. We review the legal grounds, service of the document and potential judicial remedies.

ENTRY BAN

You cannot return to Ukraine

We determine whether the restriction accompanies a return or expulsion order or was imposed separately, then examine its legal grounds and duration.

DETENTION

You are being held in a migrant detention facility

We promptly review the legal basis for detention in a temporary holding facility for foreign nationals, the court documents and available procedural safeguards.

FAMILY IN UKRAINE

The order may separate your family

We gather evidence of marriage, residence, children and other circumstances that must be considered when assessing proportionality.

OVERSTAY

Your visa or residence permit has expired

We examine why the period of stay was exceeded, steps taken to regularise status, correspondence with authorities and lawful options to resolve the problem.

BORDER CONTROL

The problem arose at the border

A refusal of entry, an entry ban and a forced return order are not the same. We identify the correct remedy for each decision.

03 / THREE DIFFERENT LEGAL MEASURES

Forced return, forced expulsion and entry bans

All three are often called “deportation”, but their grounds and consequences are regulated separately by Ukraine’s Law “On the Legal Status of Foreigners and Stateless Persons”.

ARTICLE 26

Forced return

An authorised body orders the person to leave Ukraine within a specified period — no more than 30 days from the date of the decision under the law. The return order may be accompanied by a three-year ban on subsequent entry.

We examine the grounds, procedural compliance, wording of the order and proportionality of any interference with private and family life.

ARTICLE 30

Forced expulsion

This measure is available on statutory grounds, including failure to comply with a return order without valid reasons or a substantiated risk of evasion. The law provides for a five-year entry ban. Detention and placement in a temporary holding facility require separate legal assessment.

SEPARATE DECISION

Entry ban

An entry restriction may accompany a return or expulsion order, or be imposed by a separate decision. We need to establish its grounds, duration and the act by which it was introduced.

Important. Challenging one document does not necessarily remove another restriction. If several orders exist, your lawyer assesses whether each requires a separate challenge.

04 / GROUNDS FOR A CHALLENGE

We identify legal grounds for overturning the decision, not merely technical mistakes

Even where an immigration breach occurred, the authorities must still act lawfully, reasonably and proportionately. Their powers, the case materials, your individual circumstances and potential risks upon return all matter.

A court challenge requires evidence: documents showing family ties, immigration status, applications to the SMS, the circumstances of your stay and the consequences of removal.

No lawful basis established

The order lacks convincing evidence of the statutory breach or relevant risk relied upon.

Personal circumstances not considered

The authority failed to assess family connections, length of residence, reasons for overstaying or steps taken to obtain documents.

Procedural violations

There may be problems with jurisdiction, service, stated reasons, consideration of explanations or compliance with procedural requirements.

Risks of an unsafe return ignored

The authority did not properly assess threats to life, liberty or health, or the prohibition on removal to an unsafe country.

05 / SUPREME COURT CASE LAW

The Supreme Court examines individual circumstances, not just immigration dates

An immigration dispute is about more than the date a permit expired. The court considers evidence, proportionality, family ties and risks of removal. Each argument must be supported by documents.

27 FEB 2025 / CASE NO. 589/2960/23

Family ties, personal circumstances and proportionality

The Supreme Court upheld judgments in favour of a foreign national, emphasising the need to evaluate her actual circumstances, including family life, conduct and the effect of martial law. Read the judgment.

25 FEB 2026 / CASE NO. 932/4626/23

Incomplete assessment of evidence requires reconsideration

The Supreme Court set aside the appellate judgment and remitted the case, requiring a full review of the evidence and legal assessment of the SMS’s conduct. Read the judgment.

06 / AFTER THE LEGAL SERVICES AGREEMENT

What a MAGISTERS lawyer actually does

We do more than advise you to “file a complaint”. We develop a legal position, prepare documents, represent you within the agreed mandate and assess urgent procedural measures where needed.

We begin with the document issued to the foreign national. If you have only been told verbally that you will be deported, we first establish whether an order has in fact been made.

Obtain and examine the order

Identify the authority, date, method of service, requirements, associated restrictions and procedural deadlines.

Collect evidence

Request records and review immigration documents, passport, residence permit, family circumstances and reasons for the alleged violation.

Develop legal arguments

Compare the case materials with applicable law and recent Supreme Court judgments. Identify specific grounds of challenge.

Prepare court documents

Draft the administrative claim, motions and supporting evidence, and consider interim court protection where appropriate.

Represent you in court and follow through

Take part in hearings, prepare responses and appeals, and assist with enforcement of judgments and subsequent immigration-status issues.

07 / EVIDENCE FOR YOUR CASE

Documents worth preparing in advance

You do not need to collect everything before contacting us. An initial consultation can begin with a photo of the decision and passport documents. We then identify the evidence needed for your individual case.

ESSENTIAL FIRST DOCUMENTS

The order and relevant dates

Copy of the SMS, Security Service or Border Guard decision; date received; passport; entry records and documents confirming your immigration status.

IF APPLICABLE

Family and residence

Marriage and birth certificates, evidence of shared residence, children’s education, employment and medical treatment.

RECORD OF YOUR ACTIONS

Applications and official responses

SMS submissions, filing receipts, refusal notices, correspondence and evidence of attempts to extend lawful stay or obtain a residence permit.

WHERE THERE IS A THREAT

Risks upon return

Evidence of persecution, violence or inability to obtain essential, life-sustaining assistance in the destination country.

08 / PROCEDURAL DEADLINES

There is no single deadline for everything called “deportation”

Orders issued by administrative bodies, court judgments and entry bans are governed by different rules. We first establish which act is being challenged: an administrative order, a court ruling or a separate restriction.

Filing a complaint or court claim does not always automatically suspend enforcement. Any interim protection must be considered separately.

UP TO 30 DAYS

Departure following a forced return order

The maximum departure period an authority may specify under Article 26 of Law No. 3773-VI. This is not a general deadline for filing a court claim.

10 DAYS

Appealing certain court rulings

Article 288 of Ukraine’s Code of Administrative Procedure provides a specific ten-day appeal period, counted from pronouncement, for judgments falling within that provision.

CASE-SPECIFIC

Challenging an administrative order

We determine the deadline for an initial court claim under the applicable procedural rule, the nature of the decision and when the person learned of the infringement.

09 / FAMILY AND SAFETY

Circumstances the authorities must take into account

A successful challenge depends on more than a general assertion that the decision is unfair. We identify the rights it affects and the evidence supporting each relevant risk.

Right to family life

Marriage, children, shared residence, care for a relative and the duration of ties with Ukraine may be relevant to the proportionality assessment.

Protection against removal to an unsafe country

Article 31 of Law No. 3773-VI restricts return to countries where a person faces persecution, torture, inhuman treatment or other dangers specified by law.

Special protection procedures

Special rules apply to certain groups, including minors and people receiving international protection. We assess whether they apply to your circumstances.

11 / FREQUENTLY ASKED QUESTIONS

Answers before you begin an appeal

Questions become urgent as soon as an order is served. Do not rely on another person’s deadline or immigration circumstances. We need the wording of your decision and an individual legal assessment.

You can begin by sending your lawyer a photo of the order and the passport details page, with unnecessary personal details obscured at first contact.

Can a deportation order from Ukraine be overturned?

Yes. Ukrainian law allows court challenges to forced return and expulsion decisions. The outcome depends on the precise order, procedural compliance and evidence. Filing a claim alone does not guarantee that the order will be overturned.

What is the difference between forced return and forced expulsion?

A forced return order sets a period for the person to depart independently. Forced expulsion is a separate measure under Article 30 of Law No. 3773-VI, potentially involving enforcement by authorities and court procedures, including detention in a temporary holding facility.

Will marriage to a Ukrainian citizen automatically prevent deportation?

No. Marriage does not automatically prevent immigration enforcement. However, family relationships, actual residence and children’s interests must be assessed when considering proportionality and supported by evidence.

Can I challenge an entry ban after leaving Ukraine?

Potentially, depending on the legal basis and the decision imposing the ban. We check whether you can act through a representative, what evidence is needed and which authority or court has jurisdiction.

Does filing a court claim stop deportation?

Do not assume that enforcement is automatically suspended. The legal effect of filing, enforcement rules and the availability of interim court measures require separate assessment.

How much time do I have to appeal?

The deadline depends on the type of decision. For example, Article 288 of the Code of Administrative Procedure sets a ten-day appeal period for certain court rulings in immigration cases. The deadline for an initial claim and the departure deadline are separate questions. Check your documents immediately.

Can I begin the process from abroad?

Yes. Initial review of scans, preparation of legal arguments and some documents can be handled remotely. Specific steps may require a properly executed power of attorney or personal attendance.

How much does legal representation cost?

We first examine the order and agree on the scope: consultation, document requests, court claim, representation or comprehensive assistance. Fees and terms are agreed before work begins.

12 / CONTACT MAGISTERS

Received a deportation order? Start with a document review

Send us the decision, its service date and a short outline of your circumstances: nationality, grounds for staying in Ukraine, family ties and any stated deadlines. We will identify the appropriate procedure, necessary evidence and possible scope of representation.

Consultations in Kyiv, Kharkiv and Odesa, and remote support throughout Ukraine.

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