When can Ukraine revoke an immigration permit and a permanent residence permit?

Two different decisions

The Law "On Immigration" No. 2491-III provides two ways to take a дозвіл на імміграцію (immigration permit) away from a foreigner. Article 12 covers revocation, and Article 12-1 covers declaring the permit invalid. In both cases the посвідка на постійне проживання (permanent residence permit, PRP) is cancelled together with the immigration permit, including a card issued through an exchange. How permanent residence is obtained is explained in the article on grounds for permanent residence.

Grounds for revocation

Article 12 of the law lists the following grounds:

• a sentence of imprisonment by a Ukrainian court for a term set by law, once it has entered into force;
• actions by the immigrant that threaten national security or public order;
• the need to protect the health, rights and lawful interests of Ukrainian citizens;
• a breach of the law on the legal status of foreigners;
• the immigrant's own application for revocation, unless they are not allowed to leave;
• acquiring Ukrainian citizenship;
• loss of parental rights over a child who is a Ukrainian citizen, if the permit was granted as that citizen's parent;
• release from a guardian's duties, if the permit was granted as a guardian;
• detention for illegal border crossing or for breaching the rules of entry to occupied territory.

Declaring the permit invalid

A different situation is covered by Article 12-1, namely a permit that was issued wrongly from the outset. Such a permit is declared invalid if it turns out to have been granted on the basis of knowingly false information, forged or invalid documents, documents that do not confirm the ground, or documents about a marriage that a court has found to be a sham. The same applies to documents that did not confirm lawful stay on the date of filing.

Truthful documents therefore matter well beyond the filing stage. Even years after you obtain permanent residence, the permit can be declared invalid if a problem is found in the original file.

What happens after the decision

Under Article 13 of the law, the ДМС (State Migration Service, DMS) issues a decision on forced return at the same time as the decision on revocation or invalidity. Copies of the decisions are sent to the person by registered mail or handed over in person. The residence permit is taken back.

A foreigner in this position must leave within the period set in the return decision. If they neither leave nor challenge the decision in court, they may be expelled by force. How return and expulsion work is explained in the article on forced return and expulsion.

Acquiring citizenship

Becoming a Ukrainian citizen is a special case. The immigration permit is revoked, but the requirements of Article 13 about leaving the country do not apply. The only consequence is that the permanent residence permit is taken back, because as a citizen the person already holds a Ukrainian passport.

Giving up permanent residence voluntarily

An immigrant can apply to have their own immigration permit revoked. People do this, for example, when they are leaving Ukraine for good and no longer want a status that requires keeping documents in order. The law makes an exception for those who are not allowed to leave Ukraine under the law on the legal status of foreigners. Think carefully before taking this step, since getting permanent residence again means going through the whole procedure from the beginning.

How to appeal

A decision to revoke a permit or declare it invalid is challenged in an administrative court. Article 13 contains an important detail. If the person has taken the decision to court, enforcement of the forced return decision is suspended until the court's ruling enters into force, so you do not have to leave while the case is pending.

Should the court find the DMS decision unlawful and set it aside, the immigration permit is treated as valid and the residence permit is exchanged. Paragraph 7 of the Procedure approved by Cabinet of Ministers Resolution No. 321 expressly provides for an exchange on this ground. The exchange itself is described in the article on exchanging a permanent residence permit.

How to prevent revocation

The most common risks can be seen in advance. They include breaches of the law on foreigners, such as expired documents or family members overstaying, illegal border crossing, and problems with the marriage on which the permit was based. Keep your documents in order and do not mix permanent residence with other statuses that could raise questions.

Lawyer's experience

A foreigner usually learns about the revocation of permanent residence from a DMS letter, once the decision has already been made, because the law requires a copy to be sent. At that point it is important not to panic and not to leave in a hurry. A court appeal suspends the return decision, and that gives you time to prepare your position.

My second piece of advice concerns the documents your permit was based on. Keep copies of them along with evidence of your ground, for example your life together with your spouse. If the DMS questions the validity of the permit years later, these will be your main evidence.

If you have received a revocation decision, at a migration law consultation we will assess it and prepare your position for court.

Frequently asked questions