Ukraine residence permit rejection
Ukraine residence permit rejection – migration authorities within their competence consider applications for residence permits and have a right to refuse to issue it or revoke the previously issued. In this article you can read basic information about why it can happen and what to renew your migration status.
Why can happen Ukraine residence permit rejection?
State migration service of Ukraine departments (hereinafter the SMSU) can reject to issue residence permit in following cases:
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 complementary protection;
2) the applicant overstayed in Ukraine (violated the migration rules Ukraine) and previously was subjected to deportation and/or further 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;
6) the applicant provided incomplete package of documents or violated the established 15 working days 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.
For complex migration issues, it’s advisable to seek assistance from a specialized lawyer for proper understanding of legal nuances. Consider scheduling a consultation.
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Why a residence permit can be revoked?
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.
Act promptly and reach out to an attorney for enhanced assistance and services. Schedule a consultation without delay.
What to do in case of Ukraine residence permit rejection of revocation?
After the expiration of the residence permit the foreigner is obliged hand over it to the territorial department of SMSU, deregister from place of residence and leave Ukraine within seven days or to appeal the SMSU Ukraine residence permit rejection of revocation 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.
It is worth noting that the foreigner has 30 days to appeal Ukraine residence permit rejection of revocation, it is recommended to contact a competent lawyer who has relevant expertise and experience, who can assess the case appropriately, collect the necessary information and copies of documents and plan up the tactic of legal actions to pursue your best interests.
Our Ukrainian immigration lawyer Ivan Goncharov has a wide and positive experience on resolving administrative disputes with state authorities, appealing State migration service of Ukraine unlawful decisions.
Take immediate action and contact an attorney to access exceptional assistance and services. Don’t hesitate, schedule a consultation right away.