Under what circumstances can Ukrainians be deported from the EU?

Deportation from the European Union is regulated by the legislation of each Member State and EU regulations, in particular Directive 2004/38. Individual EU countries have their immigration laws that specify the grounds for deportation. We are aware that there are general regulations that must be followed in all EU countries.

Reasons for deportation from the EU

Lack of residence permit

According to the rules, a foreigner may be deported if:

The visa or residence permit has expired.
The person is staying in the country illegally (without a visa or permit).
The asylum seeker has been refused and has not left the country within the prescribed period.
Disturbance of order or threat to security

Deportation is possible if the foreigner poses a danger:

To public order – for example, for serious or repeated offenses.
To national security – in particular, participation in terrorist activities or espionage.
For public health – although rare, the EU can deport a person with an uncontrolled infectious disease.
Deportation is also possible in cases where the person has committed crimes for which a court has already issued a sentence or has committed serious offenses such as drug trafficking, violence, or fraud.

Visa violations

Foreigners can be deported for cases of fraud or abuse of rights, including:

Submitting false or forged documents to obtain a visa or residence permit.
Entering into a sham marriage to obtain a residence permit.
Immigration violations

Another reason for deportation can be employment without a relevant permit or work visa. Ukrainians who do not comply with the conditions of the temporary protection program may also be deported if their status has expired and no application for another residence permit has been submitted.

Additional grounds for deportation include failure to report a change of address or status and failure to comply with immigration requirements, such as failing to appear for an interview or submitting required documents.

Insufficient financial resources

Foreigners seeking to remain under a visa-free regime or otherwise are likely to be deported if they cannot prove sufficient financial resources and become an “undue burden” on the country’s social system.