Expatriate Life > Visa and Immigration

How to calculate the 90 days and how they know you overstayed

**AkMike**:

Calculation of 90 days can be done in three cases:

No. I. When a foreigner is entering Ukraine.

Calculation of 90 days is made by an officer of the State Border Service at the checkpoint under the following formula: X (day of entering Ukraine) - Y (180 days). A foreigner is not in breach when he has been on the territory of Ukraine not more than 90 days within this 180 days period. A foreigner is not in breach of the 90 days rule if he has been in Ukraine less than 90 days within this 180 days period. If calculation reveals there are more than 90 day, then entrance to Ukraine is denied.

No. II. When a foreigner is already in Ukraine.

Calculation of 90 days is made by an officer of the State Migration Service under the following formula: X (date for which the fact of overstaying is checked out) - Y (180 days). A foreigner is not in breach of the 90 days rule if he has been in Ukraine less than 90 days within this 180 days period. If calculation reveals there are more than 90 day, then a report on administrative infringement of law is issued.

No. III. When a foreigner is departing from Ukraine.

Calculation of 90 days is made by an officer of the State Border Service at the checkpoint under the following formula: X (day of departure from Ukraine) - Y (180 days). A is not in breach of the 90 days rule if he has been in Ukraine less than 90 days within this 180 days period. If calculation reveals there are more than 90 day, then a report on administrative infringement of law is issued.

Automatic calculation at checkpoints.

Analyzing court cases re overstaying 90 days I found out that (as of 2014) when crossing a checkpoint at the border, information about you is filled into the digital database called "Hart-1 P" (Gart-1 P) that automatically calculates your 90 days. This "Gart-1 P" has 2 sub-databases called "DB 1-11" (BD 1-11) and "PTR - 90" (PTR - 90). If this "Gart-1 P" detects you are overstayed, then it signals to the officer and you are in trouble.

http://lawyer-advises-how-to-live-in-ukraine.blogspot.be/2016/04/how-to-calculate-90-days-and-how-know.html?m=1

**Ted**:

Great!

Thank god for PR.

**Vitaliy50**:

Someone I know overstayed for a year. When he left, he just paid a fine. But he did not ask when he can return. He assumes and plans on returning in 8 months time. I keep telling him he has to be gone for the same time that he was in Ukraine for - which is a bit over a year. Which one of us is correct.

**Ted**:

--- Quote from: Vitaliy50 on 09:37 20-Apr-2017 ---Someone I know overstayed for a year. When he left, he just paid a fine. But he did not ask when he can return. He assumes and plans on returning in 8 months time. I keep telling him he has to be gone for the same time that he was in Ukraine for - which is a bit over a year. Which one of us is correct.

--- End quote ---

Only Border Control can tell you/him/us when he returns. Having us second guessing may lead someone down the wrong goat path.

**Tnic**:

If he didn't get barred from re-entry, one could assume a 90 day absence will reset the clock and he's GTG. He'll find out when he tries to return.

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