Why is an immigration permit refused in Ukraine, and how do you appeal?

Grounds for refusal

A дозвіл на імміграцію (immigration permit) is the step you need before a посвідка на постійне проживання (permanent residence permit, PRP). The ДМС (State Migration Service, DMS) may refuse it only on the grounds listed in Article 10 of the Law "On Immigration" No. 2491-III. The grounds for obtaining the permit in the first place are covered in the article on grounds for permanent residence.

Article 10 lists the following grounds for refusal:

• a sentence of imprisonment for a term set by law, where the conviction has not been spent or expunged;
• crimes against peace and humanity, being wanted for a serious crime, or an unfinished investigation in which the person has been served a notice of suspicion;
• chronic alcoholism, drug addiction or an infectious disease on the Ministry of Health list;
• false information, forged documents, or documents that do not confirm lawful stay or the ground for the permit;
• a marriage that a court has found to be a sham, or circumstances in which a marriage is not accepted as a ground;
• an incomplete file, or failure to correct defects within the period set in a decision to leave the application without action;
• past breaches of the law on the legal status of foreigners, illegal border crossing, or breach of the rules for entering occupied territory;
• an entry ban, unenforced court decisions, or unpaid fines and other property obligations.

The most common causes

Documents are often where a refusal starts. Typical problems are an incomplete file, a document that does not confirm lawful stay on the day of filing, or a document about a ground that has already ceased to exist. Many of these refusals can be avoided by checking the file before it goes in.

Marriage is the second group of causes. Article 4-1 of the law lists circumstances in which a marriage is not accepted as a ground, such as the spouses not living together, having no common language or knowing little about each other. How the DMS checks a marriage is explained in the article on permanent residence outside the quota.

A third group concerns your history in Ukraine. An overstay, an unpaid fine or an entry ban, even an old one, can become a ground for refusal. Entry bans are covered in the article on the entry ban.

Application left without action

Before refusing over an incomplete file, the DMS can leave the application without action and set a period for correcting the defects. In effect the application is put on hold, which gives you a chance to complete the file without starting again, so read any letter from the DMS as soon as it arrives. If you do not file the documents or correct the defects within that period, the law expressly treats this as a ground for refusal.

How you are told about a refusal

The DMS sends the refusal decision to the applicant by registered mail within the period set by law. The decision states the reason for the refusal and explains how and within what period it can be appealed. Where the application was filed through a consulate, the decision is passed through the Ministry of Foreign Affairs to that consulate.

How to appeal

Article 15 of the law provides two routes. One is an administrative complaint to the DMS, filed within two months from the date of the decision, with documents attached that support a review. The other is a claim in an administrative court. The general period for going to court under part 2 of Article 122 of the Code of Administrative Procedure is six months.

Complaint or new application

Sometimes it is simpler to file a new application with a complete file, particularly when the refusal was caused by a missing document. When the DMS refused unlawfully, a new application with the same documents may end the same way, and appealing is the better choice. Similar decisions come up after a refusal of a temporary residence permit, as described in the article on a residence permit refusal.

If the permit has already been granted

A refusal concerns a new application. A permit that has already been granted can also be revoked or declared invalid, for example if it turns out to have been issued on the basis of false documents or a sham marriage. The permanent residence permit is cancelled together with it. How this works and how to protect yourself is explained in the article on revocation of an immigration permit.

Lawyer's experience

In most cases a refusal of an immigration permit could have been foreseen. An old fine, an expired document, a marriage in which the spouses live apart. That is why, before filing, I check not only the documents but also the client's whole history of staying in Ukraine.

Once a refusal has been issued, I start by reading the stated reason and comparing it with the law. Sometimes the DMS relies on a circumstance that does not actually exist, and then a complaint backed by evidence works. In other cases it is simpler to remove the cause and apply again. Nobody can guarantee a DMS decision, but you can choose the route where the chances are better.

If you have been refused, at a migration law consultation we will analyse the decision and propose a plan of action.

Frequently asked questions