Everything about the cancellation of residence permit in Ukraine: when it is canceled, the consequences, and what to do if your permit is revoked.

When a residence permit expires, it must be returned to the relevant department of the State Migration Service of Ukraine. A permit should also be canceled if the reasons for its issuance no longer apply or if the foreigner no longer requires residency in Ukraine. The request for cancellation can be made by either the foreigner or the hosting party that provided the original basis for the permit. Once the permit is canceled, the individual must either leave Ukraine or appeal the decision.

In-Depth Information on Residence Permit Cancellation

There are distinct procedures for canceling temporary versus permanent residence permits.

Both types of permits can be revoked by:

• A request from the permit holder or the hosting party (such as a spouse, employer, or organization).
• A decision made by the Migration Service or a request from Ukrainian law enforcement agencies based on specific legal grounds.

When dealing with complex migration issues, it is recommended to seek the help of a specialized lawyer to ensure a full understanding of the legal intricacies. Consider making an appointment for a consultation.

Without a lawyer – Confusion, bureaucratic hurdles, and unnecessary complexity – Long queues and missed or delayed deadlines – Elevated risk of errors and setbacks – Wasted time and money on avoidable inefficiencies

With a lawyer – Clear transparency and dependable reliability – Fast processing with on-time deadlines – Full compliance with requirements and guaranteed results – Efficiently saving both time and money

Circumstances for Cancelling a Residence Permit in Ukraine

There are specific legal grounds for canceling both temporary and permanent residence permits in Ukraine. While these grounds vary, some conditions apply to both types of permits.

When is a Temporary Residence Permit in Ukraine Canceled?

A temporary residence permit can be canceled under the following circumstances:

• If it is found that the permit was obtained using false information, forged, or invalid documents.
• At the request of the hosting party (such as an employer or spouse) for the permit’s cancellation, including in the case of the foreigner’s dismissal or the termination of the host organization’s activities.
• If the foreigner or stateless person is sentenced to imprisonment in Ukraine.
• If the foreigner’s or stateless person’s actions pose a threat to Ukraine’s national security, public order, health, or the rights and interests of Ukrainian citizens and residents.
• If a state authority orders the foreigner’s or stateless person’s forced return or deportation from Ukraine, or issues a ban on their re-entry.
• If the individual obtains Ukrainian citizenship (including a temporary certificate), a permanent residence permit, refugee status, or additional protection.
• If it is discovered that the foreigner or stateless person no longer has valid grounds for residing in Ukraine, or if the legal fact supporting the residence permit is found to be invalid, revoked, or nullified.
• If the foreigner or stateless person submits a request to cancel their own residence permit.
• In cases where the decision recognizing the individual as stateless is revoked.
• In other cases as provided by Ukrainian law.

You may find value in studying:  Forcible deportation of foreigners from Ukraine: procedure, appeal and consequences.

When is a Permanent Residence Permit in Ukraine Canceled?

A permanent residence permit can be canceled under several conditions, including:

• Cancellation of the immigration permit to Ukraine.
• If it is found that the permit was issued based on false information, forged, or invalid documents.
• If a decision is made to deny recognition as a stateless person or cancel a previous decision on statelessness.
• Other cases as stipulated by law.

Immigration Permit Cancellation

An immigration permit can be canceled in the following situations:

• If it is discovered that the permit was issued based on false information, forged documents, expired documents, or documents that do not confirm the grounds for immigration as outlined by law, or if a court declares the supporting marriage to be fictitious.
• If the immigrant is sentenced to more than one year of imprisonment in Ukraine, and the court’s decision becomes final.
• If the immigrant’s actions pose a threat to national security or public order in Ukraine.
• If necessary for public health or to protect the rights and interests of Ukrainian citizens.
• If the immigrant violates the legal status regulations for foreigners and stateless persons.
• If the immigrant applies for the cancellation of their immigration permit.
• If the immigrant acquires Ukrainian citizenship.
• If the immigrant is deprived of parental rights over a child who is a Ukrainian citizen.
• If the immigrant is removed as a guardian or custodian of a Ukrainian citizen due to failure to fulfill obligations, violation of the ward’s rights, or if the ward is placed in a health or social care facility.
• If the immigrant is caught attempting or after illegally crossing Ukraine’s state border or violating the entry or exit procedures to the temporarily occupied territories.
• Other cases provided by Ukrainian law.

For complex migration matters, it’s advisable to consult a specialized lawyer to navigate the legal details effectively. Consider making an appointment for a consultation.

How to Check if Your Residence Permit Has Been Canceled?

You can verify whether your residence permit has been canceled by visiting the State Migration Service of Ukraine’s website and using the “Invalid Documents Check” section. You will need to select the document type (temporary or permanent, biometric or standard) and enter the series and/or number listed on your permit.

Keep in mind that the information on this system may not always be up to date. If you receive a cancellation notice but the system still lists your permit as valid, the electronic registry may not have been updated by the Migration Service employee.

What to Do If Your Residence Permit Is Canceled?

Once your residence permit is canceled, you must deregister your place of residence within 7 days, return the permit to the Migration Service where it was issued, and leave Ukraine.

If your temporary or permanent residence permit is canceled and you believe it was done in error or unlawfully, you can appeal the decision in the same manner as a permit denial. Read more details on that process about Appealing refusal to issue a residence permit.

If both your permanent residence permit and immigration permit are canceled, the decision can only be challenged in court. You will need to leave Ukraine within the timeframe specified by the forced return decision.

While the court is reviewing the case, the foreigner may legally remain in Ukraine.

Consequences of Residence Permit Cancellation

For temporary residence permits, the foreigner must leave Ukraine within 7 days of the cancellation. Failure to do so will result in a fine, details of which can be found on this page – Appeal deportation from Ukraine.

If the cancellation notice arrives well after the stated decision date, and you have proof of when you received the letter, the 7-day period begins from the date of letter receipt, not the date of the decision.

Once you leave Ukraine, those who do not require a D visa can return on tourist terms and reapply for a residence permit (assuming the reasons for the cancellation have been resolved and valid grounds for residency remain).

Visa-required nationals can obtain a new D visa and reapply for a residence permit.

If a permanent residence permit is canceled, the foreigner must address the reasons for the cancellation and reapply. However, if the immigration permit is also canceled, the foreigner cannot reapply for an immigration permit for one year from the date of cancellation.

When facing challenging migration issues, seeking guidance from a skilled lawyer helps ensure clarity on the legal processes involved. Sign up for a consultation and consider your options.

Why Voluntarily Surrender a Residence Permit?

A foreigner holding a temporary residence permit must deregister their place of residence and leave Ukraine within 7 days, returning the permit to the issuing authority in these cases:

• The permit has expired, and there are no grounds for extending it.
• Failure to apply on time for renewal or replacement.
• The reasons for which the residence permit was granted have ceased.

In addition, a foreigner may choose to voluntarily surrender their permit, for instance, if they decide to leave Ukraine or need to apply for a different residence permit. In such cases, they must follow the same steps as mentioned above.

For a permanent residence permit, it can also be voluntarily surrendered to the Migration Service, for example, if the foreigner has decided not to reside in Ukraine anymore or has personal reasons. In such cases, the immigration permit associated with the residence permit will also be canceled.

Applications for canceling a temporary residence permit can be submitted both offline and online. However, for a permanent residence permit, the foreigner must be physically present at the Migration Service that issued the document.

Do You Need to Deregister Before Returning the Permit?

The law requires foreigners to deregister their place of residence before surrendering their residence permit. However, if you cannot do this yourself, the Migration Service can cancel your registration on your behalf.

Frequently Asked Questions

How to cancel a temporary residence permit and registration in Ukraine if the foreigner is already abroad?

If the permit has expired or if sending the original document is not possible, we can prepare a request for the Migration Service to cancel the permit and registration without the original. The permit can be returned during the foreigner’s next visit to Ukraine at border control or to the Migration Service.

Does a residence permit in Ukraine get canceled upon divorce?

This depends on the type of residence permit.

For a temporary residence permit based on marriage, yes, divorce is grounds for cancellation. Once the Migration Service is notified of the divorce, the foreigner will lose the permit. According to the law, a foreigner who loses the grounds for the temporary residence permit must surrender it and leave Ukraine within 7 days.

However, divorce does not cancel an immigration permit or permanent residence permit obtained during the marriage. Thus, a permanent residence permit is not canceled upon divorce, unlike a temporary one.

If the divorce occurs while permanent residency documents are being processed, the foreigner will lose the right to immigrate and will not be able to complete the residence permit process.

How is a permanent residence permit in Ukraine canceled?

The permanent residence permit can only be canceled along with the immigration permit. This can be done by the foreigner in person by submitting an application to the Migration Service or a Ukrainian Diplomatic Mission in their country of residence.

Can a permanent or temporary residence permit be revoked?

Yes, any foreigner can lose their residence permit in Ukraine, but only for the reasons outlined earlier on this page.

What should I do if my residence permit is canceled?

If your residence permit is canceled, you must return it to the Migration Service that issued it and leave Ukraine within the required timeframe, as detailed above.

If you believe your residence permit was wrongfully canceled, contact us, and we can assist you in appealing the decision. Consider making an appointment for a consultation.