Visa refusal to Ukraine can be appealed | AR MAX GROUP

05.02.2019 | Legal

Since summer 2018 Ukrainian embassies and consulate offices started to refuse in visa much more often than ever before. Most applicants receive visa refusal decision based on point No 8 “Failure to prove the purpose of intended stay in Ukraine”. Applicants confused and cannot understand why it happened to them.

Anyway what does mean this point?  

According to the Ukrainian legislation the officer of the embassy or consulate office does not obligated to explain real reasons in the decision.
However according to legal practice most refusals happens because the applicant might did mistake in visa application, did not attach extra recommended documents, could not explain of where they are going to Ukraine, who is the host party, what exactly they will do in Ukraine, what is the route of the trip and so on – means did not prove clear intentions of visiting Ukraine.

In some cases the applicant did not visit the embassy or consulte office – instead the applicant submits visa application to authorized visa center like VFS Global. In such cases there is no interview might be held.

Some applicants complaining also that embassies or consulate offices are corrupted and the visa procedure is too complicated (e.g. complicated procedure to schedule an appointment).

We would like to stress that whatever reasons for refusal decision you might suspect do not be desperate. Every applicant has a right to appeal the visa refusal decision. The procedure can be done within 2 months since official decison was made. After submitting the appeal the embassy or consulate office will review it witihn 1 month. Moreover, invitations or support letters which were submitted alongside with visa application also have limited period of validity.

Therefore, there are very limited terms for the appeal.

In addition, the right for appeal is free of charge. The applicant should not pay any extra consular fees to the embassy or consulate office. If the applicant lives in the country where is no embassy or consulate office of Ukraine it is possible to submit the appeal via visa center or to send it via post.

In the end, how should looks like the appeal?

The appeal letter it is not something simple as someone might think, it is a legal document which must be written according to Ukrainian laws, correspond to the case circumstances and accompanied with necessary and recommended attachments. Only in such case there will be high chances to get a visa via appeal process.

After all, what should do the applicant if the appeal will be also rejected?

In that case the applicant’s only reasonable way is to appeal to the Ukrainian national court. The fact of previous appeal to the embassy or consulate office might be used as a strong evidence in the court.

We hope this post will be useful for people who did not get visa to Ukraine and looking on how to appeal.
Should you have any questions please do not hesitate to ask our lawyer.

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