WHAT TO DO IF YOUR TEMPORARY RESIDENCE APPLICATION WAS DENIED?


Unfortunately, it often happens that a foreigner applies for his/her temporary residence permit in Ukraine but it gets rejected.


There are 11 cases when Ukrainian temporary residence can be denied and all of them are explicitly numbered in the Order of Preparation, Issuance, Exchange, Cancellation, Dispatching, Withdrawal, Returning to the State, Recognizing Void and Demolition of the Temporary Residence Permit, approved by the Regulation of the Cabinet of Ministers of Ukraine No. 322 dated 25.04.2018. In particular these 11 cases are:

  1. the foreigner has already a residence permit or the refugee ID or the asylum seeker ID;

  2. the foreigner has overstayed his/her time in Ukraine or there is a decision to expel him/her from Ukraine or there is a ban on entering Ukraine by him/her in the future;

  3. the foreigner provided information that does not match information kept in the state databases;

  4. the foreigner is a Ukrainian citizen;

  5. the foreigner applied for a residence permit via his representative who does not have duly certified powers;

  6. the foreigner provided incomplete information and documents or the deadline for applying has expired;

  7. there is information that the foreigner has committed a serious crime of his/her residence in Ukraine jeopardizes the national security;

  8. the foreigner's passport has expired or damaged;

  9. the foreigner deliberately provided false information or forged documents;

  10. the foreigner has overdue financial obligations (debts) in Ukraine;

  11. other cases determined by law.

In fact, in most of the cases foreigners receive rejections based on item 9 for providing false information or forged documents like this one:

There are 2 reasons why this item 9 is used more often then the other ones:

  • information provided by foreigners is inaccurate due to poor preparation of the whole process by the foreigners, their agents or advisors;

  • the documents submitted have mistakes.

This item 9 is also very difficult to deal with because as you can see from the rejection above it does not clarify what was wrong so you can only guess why you were rejected.


When foreigners hire not very experienced lawyers to deal with their residence process then the only advice they usually give in case of rejection is to reapply. But if you have already been rejected and you resubmit absolutely the same documents and information, then what is your chance for success? It is obviously not very high to say the least.


If your temporary residence permit was rejected then the first thing to do is to clarify the reason why it was denied. There are many ways of doing so and an immigration lawyer can clarify this. After that there are 2 possible scenarios:

  • you find out what was wrong the first time, correct the mistake and re-apply again;

  • if the reason of rejection is still unclear, then the right course of action in this situation is to appeal the rejection decision as it is unjustified.

An appeal is a serious document where a lawyer provides legal grounds and evidence of why the rejection decision should be reviewed and residence should be granted. Usually it takes several pages and many accompanying documents. But it does work.


For example, this is one of 2 satisfied appeals we did for our Indian clients recently. Both appeals are satisfied and temporary residence permits were granted in the end.

Contact Legal Ideas law firm to get advice on your personal case.



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