Appeal a Residence Permit Refusal in Ukraine

A decision to refuse the issuance of a residence permit in Ukraine may be taken by the migration authorities within their competence on various grounds. The main grounds for refusal include the following:

1. The applicant already holds a valid temporary or permanent residence permit, a refugee certificate or a certificate of a person granted complementary protection.
2. The applicant has breached the rules of stay in Ukraine, i.e. was subject to a decision on forced return or a ban on further entry into the country.
3. The applicant provided inaccurate information that does not match the databases of the State Migration Service of Ukraine.
4. The applicant holds Ukrainian citizenship, which precludes the issuance of a residence permit.
5. The applicant’s legal representative failed to provide the required documents.
6. The applicant submitted an incomplete set of documents or failed to meet the established deadline for their submission.
7. There is information that the applicant’s actions threaten national security, public order, health, or the protection of the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine. Also, if the applicant has committed a crime against peace, a war crime or a crime against humanity as defined by international law, or is wanted in connection with a crime deemed a serious crime under the laws of Ukraine.
8. The applicant’s passport may be forged, damaged, non-compliant with the established form or belonging to another person, or its validity may have expired.
9. The applicant submitted false information or forged documents.
10. The applicant has failed to comply with court decisions or acts of public authorities empowered to impose administrative penalties, or has outstanding property obligations towards the state or natural or legal persons, including obligations related to a prior expulsion from the country.

These are only the main grounds, and the list may be expanded depending on the circumstances and the requirements of the current legislation of Ukraine. In the event of a refusal to issue a residence permit, the SMSU unit notifies the applicant of this by an official letter. The applicant may seek to appeal the decision and restore their migration status by using the legal means and procedures provided for by law.

The territorial unit of the State Migration Service of Ukraine (SMSU) has the right to cancel a residence permit in the following cases:

1. Providing false information or using forged or invalid documents when obtaining the residence permit.
2. A reasoned request by the host party to cancel the residence permit, or the liquidation of that party.
3. The foreigner being sentenced to imprisonment in Ukraine.
4. Actions of the foreigner that pose a threat to national security, public order, health, or the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine.
5. The submission by the relevant public authorities of a request to expel the foreigner or ban their entry into Ukraine.
6. The foreigner obtaining a permanent residence permit, acquiring Ukrainian citizenship, or being granted refugee status or the status of a person under complementary protection.
7. The discovery that the grounds for staying in Ukraine have been lost after the residence permit was issued, or that the legal ground on which the foreigner applied for the permit has been declared invalid, cancelled, or has ceased to exist.
8. A request by the foreigner to cancel the permit at their own initiative.
9. Other cases provided for by law.

The list of grounds is not exhaustive and may be expanded depending on the circumstances and in accordance with the requirements of the current legislation of Ukraine. After the residence permit is cancelled, the SMSU unit notifies the applicant of this by an official letter.

How to appeal a decision refusing the issuance or granting of a residence permit

First of all, it is recommended to objectively determine whether it is worthwhile to appeal the SMS decision at all, since this is not always advisable given various factors.

There are frequent cases where it is more advisable to resubmit the documents — primarily if this is possible time-wise and the ground for refusal was insignificant. In that case, provided the grounds for the previous refusal are properly remedied, a repeat application will be the rational choice for obtaining a temporary residence permit in good time.

However, if, following an examination of the grounds for refusal, the SMS decision proves to be clearly wrongful and unlawful, then the following steps are recommended:

1. engaging a competent lawyer specialising in migration matters for professional legal assistance will be the guarantee of reliable protection of your rights and freedoms
2. requesting from the territorial body or unit of the SMS official explanations of the grounds for the residence-permit refusal and copies of the necessary documents is a sensible step, given that the refusal decision form contains no detailed explanation of the decision taken, and the SMS does not provide the foreigner with any additional documents
3. filing a complaint against the residence-permit refusal through the out-of-court administrative procedure, which can significantly save time and resources and allow you to avoid going to court
4. only if the out-of-court legal mechanisms are exhausted, the last resort for protecting the violated rights will be filing a statement of claim with the administrative court

It is worth noting that every case of a residence-permit refusal may have its own particularities depending on the circumstances, and the steps described above may differ.

What legal status does a foreigner or stateless person have during the appeal against the refusal to issue or grant a residence permit in Ukraine?

During the out-of-court and judicial appeal, the foreigner or stateless person has the right to stay lawfully on the territory of Ukraine. However, it is important to note certain legal restrictions, primarily regarding other legally significant actions (employment, seeking notarial services, etc.).

How long can it take to appeal a residence-permit refusal in Ukraine?

An appeal through the administrative procedure may take from one to two months, whereas the timeframe of a judicial appeal is harder to plan, as it may depend on many factors: the territorial jurisdiction of the case, the courts’ workload, the procedural conduct of the parties, consideration of the case in the appellate and cassation instances, and so on.

In most cases, a judicial appeal may take from 5 to 8 months across one or two court instances. Consideration of the case in the cassation instance, if the case reaches that stage at all, may drag on for a further 10–12 months. In addition, some administrative courts are heavily overloaded; one of the busiest administrative courts is the Kyiv District Administrative Court.