What Happens If a Seafarer Does Not Return to Ukraine
A seafarer's status abroad is regulated by both international conventions and national legislation. For example, departure rules are determined by Resolution No. 992 of the Cabinet of Ministers of Ukraine. According to this document, any maritime professional on a voyage is considered temporarily employed abroad. That is, upon expiration of the contract, everyone is obliged to return to the country. But many are in no hurry to do so.
What happens if a seafarer does not return to Ukraine mainly depends on the reasons for what happened. Therefore, it is important to know all the legal nuances in order to protect yourself from possible troubles.
Can a Seafarer Stay Abroad
Whether a seafarer is obliged to return to Ukraine immediately after a voyage is determined by whether they have a valid reason. Liability for delay is unlikely in the following cases:
Contract extension by the shipowner
The shipowner has the right to use the +1 month option. And thereby, keep the crew on board.
Force majeure circumstances
The delay was caused by force majeure. This could be illness, a pandemic, border closures, flight cancellations, or military actions that make it physically impossible to return.
Vessel delay in port
Can a seafarer stay abroad? Yes, if the vessel was delayed in port due to unplanned repairs or arrest.
Compliance with MLC-2006 standards
International standards protect work within the maximum contract period, even if this exceeds the original plans.
Please Note
Circumstances beyond the seafarer's control must be documented. For example, providing a letter from the shipping company confirming the forced nature of the delay.
Legal Consequences for a Seafarer Who Stayed Abroad
Criminal liability for a seafarer's failure to return is not provided. If you hear such threats somewhere, do not believe them. Such statements have no real basis. The legal consequences for a seafarer who stayed abroad without a proven valid reason may include fines and restrictions:
Administrative liability
Upon returning after the specified period, a fine for violating border crossing rules may be imposed. The approximate amount may be about UAH 3,400.
Issues with military recruitment centers
In case of untimely border crossing, problems may arise with obtaining permission for the next departure from Ukraine.
Document blocking
Morrechservice warns about the impact of non-return on documents. The Maritime Administration may suspend access to necessary documents in the electronic cabinet.
Blacklists
Shipping companies may blacklist seafarers who did not return, which will complicate job searches in the future.
Extending a Seafarer's Stay Abroad
Legal ways to stay abroad after the contract ends do exist. Documents can be processed remotely or at specialized centers opened abroad. Extending a seafarer's stay abroad is done at Ukrainian consulates, "Document" State Enterprise centers, as well as through "Morrechservice" in Poland and Romania. The procedure may take a long time, so we recommend submitting your application and initiating the process in advance.
The full-scale war has put seafarers in difficult conditions. Working abroad, they face many challenges: from psychological pressure to logistical crises and bureaucracy. But there are no hopeless situations. To preserve your right to the profession, follow the letter of the law!
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