A refusal to obtain a residence permit may come as a surprise to foreigners. Find out what are the grounds for refusal and how to appeal the decision of the State Migration Service of Ukraine

Legal assistance on migration issues for foreigners in Ukraine

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Obtaining a residence permit in Ukraine is an important step for foreigners planning a long-term stay in the country. However, what should you do if you are denied a residence permit? This question is of concern to many, as a refusal may jeopardize all plans to live and work in Ukraine. In this article, we will review the main grounds for refusal to issue a residence permit and provide practical advice on how to proceed.

Read this article to learn how a foreigner can obtain a residence permit in Ukraine.

Grounds for refusal: what do you need to know?

Ukrainian law defines a number of grounds on which the State Migration Service (SMS) of Ukraine may refuse to issue a residence permit to a foreigner. The most common ones are listed below:

1. Possession of a valid residence permit or official status. If you already have a permanent residence permit or are officially recognized as a refugee, it is impossible to obtain a temporary residence permit in Ukraine.

2. Violation of the terms of stay in Ukraine. If you have exceeded the legal period of stay in the country or received a ban on entry, the SMS may refuse to issue a residence permit.

3. False information. If the data you provide is untrue and cannot be confirmed by the state registers of Ukraine, this may also be grounds for refusal.

4. Incomplete package of documents. Failure to provide the required documents or their submission in violation of the deadlines is another common reason for refusal.

5. Forged or invalid documents. If, after submitting the documents, it turns out that they are forged or invalid, the SMS has the right to refuse to issue a residence permit.

6. Citizenship of Ukraine. If the verification reveals that the applicant is a citizen of Ukraine, he or she cannot obtain a residence permit, as he or she is entitled only to Ukrainian passports.

7. Threat to national security. If the SMS receives information from the Ministry of Defense, the Security Service of Ukraine, or other authorities that your actions may threaten national security or public order, this becomes grounds for refusal.

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What to do in case of refusal: steps to appeal the decision

If you have been denied a residence permit, do not panic. Here are the steps you can take to appeal the decision:

1. File an appeal with the State Migration Service of Ukraine. The first step is to file a complaint with the SMS of Ukraine with arguments proving that the refusal is unreasonable or illegal. Consideration of the appeal takes 30 calendar days, but this period may be extended for another 15 days if additional investigation is necessary.

2. Legal action. If the appeal is unsuccessful, you can file a lawsuit against the SMS. However, it should be borne in mind that litigation can take years.

In this case, it is important to use the services of qualified lawyers who will help you collect all the necessary documents and present your position in the best possible light.

If the employees of the State Migration Service of Ukraine, having considered the arguments set forth in the complaint, conclude that the decision to refuse to issue a residence permit of the local Migration Service was unreasonable or made with violations, such a decision will be canceled and a new one will be made instead - to issue a residence permit on the basis of previously submitted documents.

After that, within a few days, the status of the documents on the SMS website will change to “permission for personalization granted”, and within a week the ready-made residence permit will be delivered for issuance to the place where you submitted the documents.

Refusal to obtain a residence permit is a serious challenge, but not a sentence. Knowing your rights and understanding the appeal procedures, you can defend your interests and continue to live in Ukraine legally. The main thing is to act on time and not neglect legal assistance.

Our lawyers offer a full range of services for foreigners who face problems in the process of obtaining or extending a residence permit. We will help you prepare a complaint, collect all the necessary documents and represent your interests in court. Contact us for professional legal support and ensure a peaceful stay in Ukraine!

We remind you! Obtaining a temporary residence permit in Ukraine is only the beginning of your adaptation to life in a new country. Read what to do next, how to avoid legal problems and extend your residence permit on time 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.