Gavin Howe
Ukraine has been under martial law since 24 February 2022, following the Russian invasion. The martial law has impacted the freedom of movement of citizens, especially men between the ages of 18 and 60, who are not permitted to leave the country. This has had implications for visa requirements and border crossings, especially for foreigners wishing to enter Ukraine. Foreigners must have a valid passport and a visa (unless a visa-free regime is established with their country). The rules for foreigners staying in Ukraine are governed by migration law, and those who plan to stay longer than their visa allows or for employment must obtain a residence permit.
Ukraine's Martial Law Impact on Visa
| Characteristics | Values |
|---|---|
| Visa Requirements | A foreigner must have a valid passport and a visa (unless otherwise provided by law or a visa-free regime is established with the country). |
| Visa Cancellation | A previously obtained visa may be canceled, and entry into Ukraine may be denied. |
| Border Crossing | Ukraine's border remains open to foreign citizens during martial law, but they must comply with entry and security rules. |
| Visa-Free Entry | Citizens of Turkey and Georgia can enter Ukraine with an ID card without a visa. |
| Purpose of Visit | Foreigners must provide confirmation of the purpose of their trip, such as an invitation from a Ukrainian citizen, participation in events, travel vouchers, or hotel reservations. |
| Financial Requirements | Visitors must demonstrate sufficient funds for their entire stay in Ukraine and for returning to their country of origin. |
| Insurance | Foreign insurance is invalid in Ukraine; visitors must obtain insurance from a Ukrainian insurance company or a foreign company with a representative office in Ukraine. |
| Employment | Foreigners intending to work in Ukraine must obtain a residence permit or other relevant documents. |
| Volunteering | Foreign military personnel who join the International Legion of Ukraine are considered legally residing in the country. |
| Travel Restrictions | Martial law may impact freedom of movement, with curfews imposed in different regions. |
| Security Measures | Ukraine has previously banned Russian men aged 16-60 from entering the country during periods of martial law. |
| Documentation | Visitors must carry their documents at all times, as officials have the right to check them and conduct inspections. |
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What You'll Learn
Visa cancellations and entry refusals
Ukraine's martial law, in effect since February 2022, has resulted in changes to the country's border-crossing rules and visa requirements for foreigners. While the martial law decree does not impose any new restrictions on foreigners' border crossings, it is essential to note that the overall rules for foreigners staying in Ukraine are governed by migration law, and a valid visa is required unless a visa-free regime is established with the foreigner's country.
In the context of visa cancellations and entry refusals, it is important to understand the impact of martial law on the Ukrainian legislation and its potential consequences for foreigners. The current Ukrainian legislation allows for the cancellation of previously obtained visas, and individuals may be denied entry into the country. However, it is unclear if these decisions are directly related to the imposition of martial law.
Additionally, the Ukrainian government has made changes to its anti-corruption laws, which may have an indirect impact on visa processing. One notable change is the elimination of the requirement to submit a document confirming proficiency in the state language (Ukrainian) for certain positions. However, under martial law, individuals appointed to specific roles are obligated to submit such a declaration within three months of the law being lifted or repealed. This could potentially create a delay in visa processing if the relevant authorities prioritize anti-corruption measures.
Furthermore, the martial law restrictions on the freedom of movement and travel of Ukrainian citizens, particularly men between the ages of 18 and 60, could indirectly affect foreigners with dual citizenship. While the U.S. Embassy in Ukraine specifically addresses the impact on U.S.-Ukrainian dual citizens, it is safe to assume that other countries with dual citizenship agreements with Ukraine may experience similar restrictions. These individuals are treated as Ukrainian citizens and are subject to the same travel restrictions as Ukrainian citizens under martial law.
In summary, while there is no direct evidence of visa cancellations or entry refusals due to Ukraine's martial law, the dynamic legal situation and the ongoing conflict may lead to unpredictable outcomes. Foreigners planning to travel to Ukraine are advised to stay updated with the latest official information and follow the recommendations of their respective embassies or consulates.
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Border crossing rules
Ukraine's border remains open to foreign citizens during martial law. However, there are specific rules and restrictions in place for border crossings. These rules are subject to change, so it is important to check for updates before planning a trip to Ukraine. Here are the key border crossing rules:
Entry Requirements:
- A valid passport is required for entry into Ukraine. However, citizens of Turkey and Georgia can enter with a valid ID card.
- A visa is necessary unless a visa-free regime is established between Ukraine and the visitor's country of origin.
- Confirmation of the purpose of the trip is required. This can include an invitation from a Ukrainian citizen, participation in events or conferences, a travel voucher, or a hotel reservation.
- Sufficient funds for the entire duration of the stay in Ukraine and for returning to the country of origin must be demonstrated.
- Foreign insurance policies are invalid in Ukraine. Therefore, visitors must purchase an insurance policy from a Ukrainian insurance company or a foreign company with a representative office in Ukraine.
Additional Considerations:
- Under martial law, the Ukrainian government may restrict the freedom of movement of its citizens and confiscate private or communal property for state needs.
- Curfews are implemented in different regions of Ukraine, typically from 11:00 p.m. to 5:00 a.m. It is essential to follow these curfews strictly and be aware of "Air Alarm" signals and notifications about possible missile attacks.
- Men between the ages of 18 and 60 are generally prohibited from leaving Ukraine during martial law unless they obtain an exemption.
- Ukraine has previously banned Russian men between the ages of 16 and 60 from entering the country during periods of martial law, with exceptions for humanitarian purposes.
- It is important to always carry necessary documents, as officials have the right to check them and conduct inspections.
- Martial law may impact the validity of certain visas. A previously obtained visa may be canceled, and there may be restrictions on the rules of border crossing for foreigners.
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Employment and volunteering
Martial law has been imposed in Ukraine twice: in 2018 for 30 days and since February 24, 2022, in response to the Russian invasion. The Ukrainian Parliament has passed several laws to regulate relations during this period, which have had a significant impact on labour relations.
The war has negatively impacted labour relations, causing lower wages, changes in working conditions, and a decline in social protection and safety in the workplace. The Ukrainian government has been attempting to mitigate these effects by implementing social programmes and regulatory changes to labour legislation. For example, the government has introduced the possibility of suspending employment contracts for the duration of martial law.
Ukrainian employers are facing challenges such as work stoppages and difficulties in hiring new employees. To address this, the law now allows employers to hire new employees under temporary "fixed-term" agreements for the "duration of martial law" to replace temporarily displaced employees. Employees may also be sent to perform work not provided by their labour contracts without their consent, as long as it is not hazardous to their health and is in an area without military action.
Employees have gained certain rights under martial law as well. They can now request unpaid leave for an unlimited term, whereas during peacetime, this was limited to 15 calendar days per year. Additionally, the parties to labour relations may now elect for "simplified labour relations," which allow for more flexible agreements between employers and employees of small or medium-sized businesses or those with high salaries.
Overall, the Ukrainian government is continuously adapting its laws to reduce the impact of the war on its citizens and labour relations, with the hope of implementing more modern and effective conditions in the future.
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Travel safety and security
Ukraine has been under martial law since 24 February 2022, following the Russian invasion. The country's border is open to foreign citizens, but there are certain restrictions and rules to be aware of when travelling to Ukraine during this time.
Firstly, it is important to note that martial law gives the military leadership of Ukraine the right to restrict the freedom of movement of citizens and confiscate private or communal property for state needs. A curfew may be imposed to maintain law and order, and this usually lasts from 11 pm to 5 am. It is important to find out the duration of the curfew in the region you are staying in and to strictly observe it.
To enter Ukraine, a foreigner must have a valid passport (unless they are from Turkey or Georgia, in which case an ID card is sufficient), a visa (unless there is a visa-free regime with their country), confirmation of the purpose of the trip, and confirmation of sufficient funds for the entire period of their stay in Ukraine and for returning to their country of origin. It is important to note that a previously obtained visa may be cancelled and entry may be denied. Foreign insurance is not valid in Ukraine, so an insurance policy must be purchased from a Ukrainian insurance company or a foreign company with a representative office in Ukraine. All documents must be in English or translated into English. Officials have the right to check documents and conduct inspections, so it is important to always keep your documents with you.
Ukraine is currently undergoing reforms to align with its EU membership application, and it is required to highlight policies that may contradict human rights guarantees. As such, martial law may impact the rights and freedoms typically guaranteed by the Ukrainian constitution and the European Convention on Human Rights and Freedoms. These include the right to inviolability of housing, confidentiality of correspondences, non-interference in personal and family life, freedom of movement, and the right to use and dispose of one's property.
It is important to stay informed about possible missile attacks. The "Air Alarm" signal and special mobile applications are used to warn the population of incoming attacks. If there is no nearby shelter, it is recommended to follow the "two walls" rule, where you should be separated from danger by at least two walls. It is also important to write down the contacts and address of your country's embassy and keep them easily accessible.
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Human rights and freedoms restrictions
Ukraine's constitution allows for some specific restrictions on rights and freedoms when martial law is in effect. The constitution explicitly extends the five-year authority of the Verkhovna Rada (the national parliament of Ukraine) during this time. The Ukrainian constitution also does not hold national elections while martial law is in effect. For example, the 2023 Ukrainian parliamentary election and the 2024 Ukrainian presidential election did not take place.
In the case of Syria, martial law granted the prime minister extraordinary powers, enabling the governor to place many restrictions on the freedoms of individuals. These included restrictions on "meetings, residence, travel and passage in specific places or at particular times", the power to "preventatively arrest anyone suspected of endangering public security and order", and the ability to "delegate any person to perform any of these tasks".
In Ukraine, the rules for foreigners to stay in the country are governed by migration law. A foreigner may not be allowed to enter Ukraine and a previously obtained visa may be canceled. However, the imposed martial law in Ukraine does not provide for any changes or restrictions in the rules of border crossing for foreigners (except for citizens of the aggressor country). Thus, to cross the border, a foreigner must have a valid passport, a visa (unless otherwise provided by law or a visa-free regime is established with the country), confirmation of the purpose of the trip, confirmation of sufficient funds for the entire period of stay in Ukraine and for returning to the country of origin, and an insurance policy issued through a Ukrainian insurance company or a foreign one with a representative office in Ukraine. If a foreigner plans to stay in Ukraine for longer than the period provided for by the visa-free regime or a visa, or if the purpose of their stay is related to employment, volunteering, or other circumstances determined by law, such a person must obtain a residence permit or other relevant documents to legally reside in Ukraine.
Martial law in Ukraine has also impacted labor options for employers and employees. For example, trial periods may be set for any category of employees, whereas, under normal conditions, there are limits (e.g., no trial period for employees under 18, students fresh out of university or graduate school, disabled persons, pregnant women, single mothers, etc.). Additionally, employees may be sent to perform work not provided by their labor contracts without their consent, as long as such work will not be hazardous to their health or located in an area with military action. In these cases, the employee retains their average monthly salary for their usual work. Furthermore, special martial law provides employees with the right to request unpaid leave for an unlimited term, whereas, during peacetime, the Labor Code allows employees to request such leave for no more than 15 calendar days per year.
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Frequently asked questions
Ukraine's border is open to foreign citizens during martial law, but there are entry and security rules to be aware of. These include having a valid passport, visa (unless visa-free), confirmation of the purpose of the trip, and confirmation of sufficient funds.
Yes, a previously obtained visa may be cancelled during martial law in Ukraine.
There is a curfew in place, the duration of which varies by region. There are also restrictions on the freedom of movement of citizens, and the military leadership has the right to confiscate private or communal property for state needs.
Men between the ages of 18 and 60 are prohibited from leaving the country during martial law, unless they obtain an exemption.
