What are your rights with regard to entering and staying in another country?
Migration can be broadly divided into regular and irregular migration, based on the method of entering or residing in a country. Regular migration takes place in compliance with national legislation — that is, with valid immigration permits, visas, or residence documents, as defined in the Law of Ukraine “On Immigration” and the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”.
Irregular migration refers to entering or staying in the territory of Ukraine without legal grounds, such as in the absence of a valid visa, permit, or beyond the allowed period of stay. Ukrainian law considers such presence to be unlawful, and the State Migration Service is authorized to issue decisions on forced return or detention in such cases.
However, irregular entry or stay does not lead to a loss of fundamental rights. In particular, Article 26 of the Constitution of Ukraine provides that foreigners and stateless persons who are in Ukraine on legal grounds enjoy the same rights and freedoms as citizens — with certain exceptions — but even in cases of irregular migration, individuals retain basic human rights protected under the Constitution, international treaties ratified by Ukraine, including the European Convention on Human Rights.
Migration & Human rights
All migrants are entitled to fundamental rights and are protected under the general principles of international human rights law. However, states do not have to provide migrants with rights equal to their citizens (e.g. the right to vote), and can limit the rights of irregular migrants compared to migrants lawfully residing in their territory (e.g. the right to work or to receive certain social benefits).
There are also specific rights for different categories of migrants.
The particular rights of migrant workers are outlined in the UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which has, however, only been ratified by very few countries. Ukraine has not ratified this Convention, although certain protections for migrant workers are provided through national labour and migration legislation, such as the Law of Ukraine “On Employment of the Population”, and the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”.
The specific rights and protection of victims of human trafficking are outlined in the Trafficking Protocol (the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organized Crime). Ukraine ratified this Protocol in 2004. As a result, Ukraine has adopted comprehensive anti-trafficking legislation, including the Law of Ukraine “On Combating Trafficking in Human Beings”, which defines the status of victims and provides mechanisms for their protection, rehabilitation, and legal assistance.