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Appeal refusal on issuance of residence permit in Ukraine

What to do if the residence permit not issued?

In accordance to Ukrainian legislation a temporary residence permit for a foreigner can be refused to be issued or revoked at any moment after it was issued, in case of certain circumstance.

Why a foreigner can be refused to obtain a residence permit?

The territorial department of State migration service of Ukraine (hereinafter the SMSU) denies a foreigner or a stateless person the registration or issuance of a residence permit, in the case when:

1) the applicant already has valid temporary or permanent residence permit (except in cases of exchange residence permit), refugee certificate or certificate of person with subsidiary protection;
2) the applicant overstayed in Ukraine (violated the rules of stay for foreigners in Ukraine) was subjected to deportation and/or entry ban to Ukraine;
3) the applicant provided false information which does not correspond to the databases of SMSU;
4) the applicant has Ukrainian citizenship;
5) the applicant’s legal representative did not provide relevant document for representation of his interests;
6) the applicant provided incomplete package of documents or violated the established 15 working for submitting the documents;
7) the SMSU received an information from National Police, State security service or other state authority that the actions of the applicant threaten national security, public order, health, protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine, whether the applicant has committed a crime against peace, a war crime or a crime against humanity as defined in international law, or is wanted in connection with the commission of an act which is recognized as a serious crime under the laws of Ukraine;
8) the applicant’s passport is forged or spoiled, or does not correspond to the established sample, or belongs to another person, or its validity has expired;
9) the applicant has knowingly provided false information or forged documents;
10) the applicant did not fulfil a court decision or acts of state bodies that are authorized to impose administrative penalties, or they have other property obligations to the state, individuals or legal entities, including those related to previous deportation outside Ukraine, including after the expiration of the ban on further entry into Ukraine;
11) in other cases provided by law.

The list of grounds is not closed and can be expanded depending on the circumstances of the situation and corresponding to the requirements of the current legislation of Ukraine.

The SMSU department shall provide to the applicant an official notification letter about the refusal to issue a residence permit or to extend it.

Why a residence permit can be revoked after some time?

The territorial department of SMSU revokes a residence permit, in the case when:

1) if the SMSU founded that the information that was provided for issuing the residence permit is false or based on forged or invalid documents;
2) if the SMSU received a motivated request of the host party to revoke the residence permit or in case of its liquidation;
3) if the foreigner was sentenced in Ukraine to imprisonment
4) if the foreigner’s actions threaten national security, public order, health, protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;
5) if the foreigner was filed by authorized state authorities to deportation and/or entry ban to Ukraine;
6) if the foreigner obtain permanent residence permit or acquired Ukrainian citizenship, or was recognized as refugee or person with subsidiary protection;
7) if it turns out that the foreigner has lost the grounds for stay on the territory of Ukraine, or if after issuing the residence permit it becomes clear that the legal basis which foreigner used to apply for residence permit has been declared invalid, revoked, null and void or has not taken place;
8) upon a request of foreigner to revoke it by his will;
9) in other cases provided by law.

The list of grounds is not closed and can be expanded depending on the circumstances of the situation and corresponding to the requirements of the current legislation of Ukraine.

The SMSU department shall provide to the applicant an official notification letter about the revocation of residence permit.

What to do if a residence permit in Ukraine was not issued or revoked?

After the expiration of the residence permit, the foreigner is obliged hand over it to the territorial department of SMSU, to deregister his place of residence and leave Ukraine within seven days or to appeal the SMSU decision to refuse or revoke the residence permit in an administrative order or in court in the prescribed manner.

The SMSU has the right to review previously taken decision, if there are valid grounds and make a new decision based on previously submitted documents.

Our skilled immigration lawyer has wide and positive experience on appealing SMSU unlawful decisions, do not delay with your problem and better contact us as soon as possible in order to protect your rights. Inactivity or contacting persons who do not have lawyer’s license might cause you irreparable damage, lead to unforeseen negative consequences such as penalties, deportation and 3 – 10 and more years entry ban.

Hire an immigration in Ukraine

AR MAX GROUP it is a boutique legal office that focuses on its narrow profile services for foreign nationals and stateless persons in Ukraine and who only plan to move to Ukraine, and provide a wide range of professional services on any matters related to visa, temporary residence permit, immigration, permanent residence permit, citizenship, refugee status, doing business, employment, legal protection in any cases with state authorities, appealing unlawful decision of state authorities, representation of interests at litigation.

Why you should choose us?

Through our narrow profile, we have gained a great deal of experience in solving any issues or problems listed above. The cost of our services is relatively acceptable, justified and not overestimated, and the quality of services at the highest level. When you will contact us once you no longer need to worry about your legal issues. Our experienced English-speaking licensed immigration lawyer will be your trusted and cost-effective partner. The legal office was established in 2014. The head office located in Kharkiv city in east of Ukraine.

Inactivity or contacting persons who do not have lawyer’s license might cause you irreparable damage and lead to unforeseen negative consequences.

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