E-residency for foreigners in Ukraine: possible reasons for refusal and how to appeal the decision

The e-Residency programme in Ukraine opens up opportunities for foreigners to conduct business without a physical presence in the country, but not all applicants are approved. Rejection can be caused by various factors, from belonging to ‘risky’ countries to errors in documents. Learn more about the main reasons for e-residency rejection and possible ways to appeal

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The e-residency programme in Ukraine allows foreigners to conduct business and pay taxes in Ukraine remotely, without the need for physical presence. However, not all applicants are approved. Here are the main reasons for refusal and possible ways to appeal.

What are the terms of the e-residency programme in Ukraine and how to obtain the status quickly and easily - please follow the link.

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uResidency for foreigners in Ukraine: Main reasons for refusal of e-residency status

There are several reasons for refusing to grant e-residency status under Ukrainian law.

1.Limited list of countries whose citizens can apply.

E-residency in Ukraine is not available to all foreigners. Ukrainian legislation defines a list of countries whose citizens can apply for this status. An application may be rejected if the applicant:

- Is a citizen of a country that is not on the permitted list.

- Is a resident of a country that has a low level of financial transparency or a high level of corruption.

The list of countries is subject to change, so you should check the official list on the website of the State Tax Service of Ukraine before applying .

2. Belonging to ‘risky’ countries.

That is, applicants from countries that are:

- Recognised by Ukraine as aggressor states or occupiers.

- Included in the sanctions lists.

- Are on the international high-risk lists for money laundering (FATF).

3. Convictions or offences.

An applicant may be refused if:

- Has an outstanding conviction for economic, corruption or other serious offences.

- Is on the international wanted list.

- Is involved in criminal proceedings related to fraud, financial fraud or money laundering.

4. Errors or inconsistencies in the documents.

They can also lead to a refusal:

- Incorrectly completed documents (incorrect personal data, errors in forms).

- Inconsistency of the submitted information with the actual data.

- Lack of required documents.

5. Existence of tax or financial obligations in Ukraine.

Refusal is possible if the applicant has:

- Tax debts in Ukraine.

- Financial or other obligations to state authorities.

6. Other grounds.

The State Tax Service may refuse e-residency status based on its own risk analysis or for reasons of national security.

Sole proprietorship, LLC or E-residency: what to choose for a foreigner to start a business in Ukraine - read here.

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E-residency for foreigners: how to appeal against a refusal?

If you have been denied e-residency status, there are several ways to appeal this decision.

1. Reapplying. If the refusal was caused by errors in the documents, you can correct them and reapply. Check:

- All the documents are correct.

- Whether your data corresponds to the official documents in your country of citizenship.

2. Request an official explanation of the reasons for refusal. Ukrainian legislation provides for the right of the applicant to receive a written explanation from the authorities that made the decision to refuse. To do this, you need to:

- Submit a written request to the State Tax Service of Ukraine.

- Provide your personal data and application number.

3. Appeal in court. If the refusal of e-residency status seems unreasonable, you can appeal it in court. To do this:

- File a lawsuit with the Administrative Court of Ukraine against an unlawful decision of a state body.

- Attach all documents confirming your compliance with the e-residency criteria.

The legal process can take several months, so this option should be considered if all other methods have been exhausted. Also, you cannot do without the help of a qualified lawyer.

4. Legal advice. If you do not understand the reasons for the refusal or do not know how to proceed, you should contact a lawyer specialising in immigration and tax residency issues.

Have you been denied e-residency status?

It's important to make a proper request for an official explanation. Visit Ukraine's lawyers will help you to properly prepare your appeal and increase your chances of a successful appeal.

Contact the qualified lawyers of Visit Ukraine - do not miss the opportunity to become an e-resident!

How to become a Ukrainian e-resident and avoid being denied the status?

To increase your chances of getting your e-residency application approved, you should:

- Check whether citizens of your country are eligible to apply.

- Carefully check all documents before submitting them.

- Avoid applying if you have ties to countries under sanctions.

- Prepare all necessary tax and financial documents in advance.

- Use official communication channels to submit your application.

A refusal to obtain the status of an e-resident of Ukraine may come as an unpleasant surprise, but it should not always be taken as a final decision. In most cases, the problem can be solved by resubmitting documents, requesting explanations, or appealing in court.

If you have received a refusal, the main thing is to understand the reasons and choose the right strategy.

To avoid being denied e-residency status, it is important to carefully prepare all documents and comply with the requirements of the law.

Visit Ukraine's lawyers will help you understand the nuances of applying, check your status, prepare the necessary documents, and protect your interests in case of refusal.

Do not put off important issues - seek professional legal support today!

Reminder. There are more functions available in the Diia app for foreigners, and you can now carry important documents with you right in your smartphone. Read here how foreigners can get an e-permit, apply for e-residency and other online services.

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