Refusal to issue an immigration permit to Ukraine: who is at risk and on what grounds?
Table of contents
In order to obtain an immigration permit, a foreigner must have legal grounds and follow a certain procedure for processing a document. Find out who may be denied the service and on what grounds
According to the Laws of Ukraine "On the Legal Status of Foreigners and Stateless Persons" and "On Immigration", foreigners and stateless persons may immigrate to Ukraine. However, the legislation provides for a list of grounds that may lead to a refusal to issue a respective permit.
Read more about how a foreigner can obtain an immigration permit to Ukraine in this article.
What are the grounds for refusal to issue an immigration permit?
A foreigner or stateless person may be denied an immigration permit on the following grounds:
— The documents were submitted by a person suffering from chronic alcoholism, substance abuse, drug addiction or infectious diseases, the list of which is determined by the central executive body responsible for the formation of state policy in the field of health care.
— The documents are submitted by a person sentenced to imprisonment for a term exceeding one year for committing an act that is recognized as a crime under the laws of Ukraine, unless the conviction is expunged or removed in accordance with the procedure established by law.
— If a person deliberately provided false information in an application for an immigration permit or submitted forged documents or documents that do not confirm the legality of staying in the territory of Ukraine on the day of submission of documents for an immigration permit or the existence of grounds for obtaining an immigration permit provided for in Article 4 of the Law of Ukraine "On Immigration", or documents confirming grounds that have ceased to exist.
— If the person, during his/her previous stay in Ukraine, was brought to criminal or administrative liability for committing illegal crossing or attempting to illegally cross the state border of Ukraine or violated the procedure for entering or leaving the temporarily occupied territory of Ukraine, or violated the legislation on the legal status of foreigners and stateless persons.
— If the person has not submitted all the documents required by the Law of Ukraine "On Immigration".
— If the documents are submitted by a person who has committed a crime against peace, a war crime or a crime against humanity and mankind, as defined in international law, or if the person is wanted in connection with an act that is recognized as a serious crime under the laws of Ukraine, as well as in cases where the person has been notified of suspicion of committing a criminal offense, the pre-trial investigation of which has not been completed.
— If a person is banned from entering the territory of Ukraine, as well as in cases where facts of non-compliance with a court decision or state bodies authorized to impose administrative penalties have been revealed against a person, or if a person has other property obligations to the state, individuals or legal entities, including those related to previous expulsion from Ukraine, including after the expiration of the ban on further entry into Ukraine.
— If the marriage entered into with a Ukrainian citizen for the purpose of obtaining an immigration permit was declared invalid in court, in particular due to its fictitiousness, as well as in other circumstances specified in Article 4-1 of the Law of Ukraine "On Immigration".
A decision to refuse may also be issued in other cases provided for by the laws of Ukraine.
The decision to refuse to obtain a migration permit may be appealed by the applicant in person or by his/her representative. However, it should be borne in mind that a person may reapply for an immigration permit no earlier than one year after the date of the decision to refuse an immigration permit.
To reduce the risk of refusal and take into account all the important nuances when submitting documents, please contact Visit Ukraine lawyers, Our specialists understand how difficult it can be for a foreigner to understand Ukrainian legislation, especially without a perfect knowledge of the language, so they are ready to answer all your questions and, if necessary, help you with the collection, submission and receipt of the documents you need. To order a legal consultation or full legal support, please follow this link.
We remind you! In order to move to Ukraine, a foreigner needs to obtain the relevant documents, because without them, the period of stay will be limited to a certain number of days. Read what grounds there may be for legal long-term stay in Ukraine, what documents are required and how to obtain them in our previous article.
Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.
Ihor Usyk is the Head of Legal Department at Visit Ukraine
Before you travel to Ukraine or while you are already in the country, seek legal advice. Our team will help you feel safe and confident during your trip, business trip or relocation.
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