I am furious and, also very upset...
Bill No. 13673: from an ordinary immigrant to a "criminal" retroactively.
You left legally, applied for immigration to Canada, and are making plans for permanent residence (PR) but Ukraine suddenly makes you a criminal retroactively. And then Canada, where you are going, can also close the doors: a record appears on the certificate of no criminality, and IRCC starts asking questions: "What do you have here?" — and then you are facing protracted litigation and international clarification of relations.
So what is the essence of the bill? Today, the Cabinet of Ministers of Ukraine, led by Ms. Sviridenko, registered bill No. 13673. And it is not directed against the enemies of the country, but against its own citizens who are abroad.
The bill proposes to introduce criminal penalties for anyone who left during martial law and "did not return." Even if we are talking about situations that were not previously a violation of the law:
- a husband accompanied his wife and stayed;
- a son accompanied a disabled person and did not return;
- a person left with humanitarian aid and was delayed
Previously, this was a "grey zone," but not a crime. Now you will face:
- a fine of up to UAH 200,000;
- imprisonment for up to 9 years.
And this automatically transfers such cases to the category of serious crimes; after all, according to Ukrainian law, anything over 5 years is considered a serious criminal offence.
Violation of the Constitution? But who cares...
The bill proposes to apply punishments retroactively ("for the period of military action").
This is a direct violation of the Article 58 of the Constitution of Ukraine, which clearly states: “laws and other regulations do not have retroactive effect.” But, as it often happens, government pretends to have a blind eye to the Constitution. And again the ancient formula sounds: “What is allowed to Caesar is not allowed to a mere mortal.”
“Voluntary confession” or a one-way ticket
The bill also provides for “mitigation”: if a person returns to the country within 1-3 months after the law comes into force, they will have to pack a suitcase to go to the military front.
In essence, people are offered a choice: either criminal prosecution or a machine gun in their hands.
For Ukrainians who are considering immigration to Canada, the consequences can be catastrophic.
Registration in “Dii” allows the state to:
- send a summons or notification of the opening of a criminal case;
- record it as an article in the database.
And then, when receiving a certificate of no criminal record, this automatically gets into the documents, and IRCC asks a logical question. As a result, a chain begins: a record in the certificate → suspicions of the Canadian authorities → threats of refusal in PR or protracted processes.
⚠ Ukrainians risk getting an “in absentia” article, which can put an end to immigration plans.
In fact, the country will begin to personally persecute everyone it can intimidate with criminal articles and convictions. And this is already a direct path to asking for protection from its own state. In legal terms, this is called persecution, and in some cases it can become the basis for political asylum or refugee status.
Is there a way out?
Yes, such things can and should be appealed. This requires to have a competent specialist, their deep knowledge of the law and colossal work, but it is possible. If you find yourself in a similar situation, contact us. We know how to work with such cases and protect your interests at the international level Canada - Ukraine. The most competent Ukrainian lawyers work with us‼
Bill No. 13673 is not about order. It is about chaos and undermining trust in the state. Today, Ukraine calls those who left legally criminals. Tomorrow, the consequences will hit you abroad: it’ll hit your immigration future, and your right to protection and life without fear.
Oleksandra Melnykova, Canadian Immigration and Refugee Consultant.
Copyright 2025 «SKI Immigration Inc. »
All rights reserved.
