Legal help for foreign students expelled from university in Ukraine
Each year foreign students in Ukraine get shaken down by unlawful expulsion decisions of universities.
If the student would not turn to lawyers on time, he/she have to be deported from Ukraine with thousands dollars poorer, with incomplete university level and without a diploma. A student at the one of the universities in eastern Ukraine since 2019, said he was expelled from college this year after missing classes, but reinstated after agreeing to retake some courses. But even after having paid thousands dollars upfront for a year of education and handing in his passport to receive a temporary residence permit extension, he was called in by the local police, taken to court and handed back his travel document with a deportation stamp and 3-years entry ban after refusing to pay a bribe.
How to overturn the deportation from Ukraine
The overwhelming majority of the 75,000 foreign students in Ukraine pay agents to arrange their studies, unfortunately some of them end up getting ripped off. Such cases are typical of universities, migration authorities and the study agency trying to squeeze money from a student by threatening with deportation. Some foreign students complain that corrupt education system and law enforcement in Ukraine are making life miserable for students from Asia, Middle East and Africa who want a good education at more affordable rates than in Europe or the U.S. It is worth to mention that far not all of agents act like this, there are many respectful agencies that work for many years and were not suspected in anything like mentioned above, but not all cases, unfortunately.
Why can happen deportation from Ukraine
First of all, many universities do not take money from students and work just through intermediaries. Such conditions cultivate students to familiarise with a culture of bribery that unfortunately still exist in process of studying in Ukraine.
The above mentioned circumstances caused that usually if a student gets expelled from the university, there will be a high possibility that the agency will ask for outrageously big money so that the student’s residence permit will be extended anyway, claiming that otherwise the expenses for re-entering Ukraine with new visa will cost the student much more or even will be “impossible” due to the deportation and entry ban. If the student agrees, then next semester, the university takes him/her back and forges the documents and grades as if he/she was never even gone.
Secondly and accordingly, if the student agrees to such “conditions” the robbery will be continuing every semester. Some foreign students paid their agent for a year of study, but the agent gave only half of that money to the university and disappeared with the rest. Unfortunately, many students are afraid of retribution to be quoted by name.
A student may be expelled from a higher education institution only in the following situations: 1) voluntarily; 2) in connection with transfer to another higher education institution; 3) because of serious health condition that prevents a student to continue studies; 4) for academic failure; 5) for violation of discipline and internal rules of higher education institution.
Thirdly, and most importantly to mention, such situations happen because oftentimes foreign students do not know their rights, freedoms and responsibilities in accordance to Ukrainian laws. The Ukrainian legislation protects every foreigner and stateless person equally to citizens of Ukraine!
The Article 26 of the Main Ukrainian Law of Ukraine, the Constitution of Ukraine, prescribes that foreigners and stateless persons who legally reside in Ukraine enjoy the same rights and freedoms, and carry the same responsibilities as citizens of Ukraine, with the exceptions established by the Constitution, laws or international treaties of Ukraine.
What can be done if the worst happened?
While planning the actions that can be done, considering all pro and contra, taking into account the unlawfulness of opponent’s actions that caused the problem, the estimated expenses for re-entering Ukraine, paying the “bribe” to the university or paying much less fees to lawyer for legal services or understanding the consequences of continuing to reside in Ukraine illegally which can entail not only deportation with forced placement in an illegal immigrant camp (where, incidentally, is not only unpleasantly to stay, but also dangerous to health) but also the entry ban to Ukraine (which is not easy to cancel) – it is highly recommended to fight the unlawful expulsion from the university, its overturning, cancelling all the administrative charges (including the deportation if any) and renewal/transfer back to education process.
If you are not at fault for what happened, if you were expelled from university for no reason, then we can take you back to studies
Considering suing your college and migration authorities, remember that the more will be the delay the more difficult it will be to solve the situation, however even in the most worst case when many months passed by, still, there is always something can be done for your best interests.
Ivan Goncharov
Attorney At Law
An immigration lawyer and human rights defender, specialising in issues of migration law in Ukraine and abroad.
Has more than 6 years of day-to-day law practice, areas of expertise include visa, border crossing, residence permit, immigration, citizenship, international protection and statelessness.
Along with legal services on easy and flawless migration, the main practice is representation in administrative disputes on migration status, appeals against decisions and inaction of state authorities.
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