Who refuses, and on what grounds
The decision on a visa is taken by an authorised officer of a Ukrainian diplomatic mission abroad or of the consular service of the МЗС (Ministry of Foreign Affairs, MFA). That officer may refuse only on grounds named in the law. They are listed in Article 11 of the Law "On the Legal Status of Foreigners and Stateless Persons" No. 3773-VI and in paragraph 28 of the Rules for issuing visas, approved by Cabinet of Ministers Resolution No. 118. The general visa procedure is described in the guide to getting a Ukrainian visa.
Grounds for refusal
Paragraph 28 of the Rules names the following grounds:
The first grounds concern security and the entry ban database. The rest concern documents, and in ordinary cases these account for most refusals.
- a threat to national security, public order, public health or the rights of Ukrainian citizens;
- information about the foreigner in the database of persons not allowed to enter Ukraine;
- a forged, damaged or someone else's passport, or a passport that does not match the approved specimen;
- knowingly false information or forged documents;
- no valid medical insurance policy, where one could have been bought in the country of application;
- insufficient financial support;
- no evidence of the purpose of the trip;
- no documents showing the intention to leave Ukraine before the visa expires;
- a request from the applicant to stop processing;
- a refusal to provide biometric data.
The most common reasons in practice
A technical refusal is most often linked to the passport. It must remain valid for at least three months after you leave Ukraine and have at least two blank pages. A passport problem is visible before you even apply, so it is the easiest one to avoid.
Proof of purpose is the second group of reasons. A visa D needs a document proving the ground, such as a дозвіл на застосування праці (work permit). Applying for the visa before the permit is issued leads to a refusal for lack of evidence of purpose. Which documents each ground requires is explained in the article on documents for a visa D.
Funds and insurance make up the third group. The policy must provide cover of at least EUR 30,000, and funds are confirmed with a guarantee letter or a bank statement.
The mark in your passport
Paragraph 29 of the Rules requires the consulate to inform the foreigner of the grounds for refusal. A refusal mark is placed in the passport with the date, the signature of the authorised officer and a stamp. That mark stays in your passport, and other consulates can see it, so approach your next application with care.
The appeal letter
You can challenge a refusal under paragraph 30 of the Rules. The foreigner sends an appeal letter to the same authority that considered the application, setting out their position and asking for the application to be reviewed again. The deadline for filing is 60 working days after receiving the decision.
A second review takes no longer than 10 working days from the day the letter is received. If the answer is still a refusal after that review, a second appeal letter is not allowed.
Appeal or a new application
An appeal makes sense when the consulate made a mistake and every required document was in the package. In that case an appeal letter with explanations can change the decision without paying the fee again.
When the refusal was caused by a missing document, a new application with a corrected package is the more reliable route. The Rules expressly allow a repeat application. You pay the consular fee again, because it is not refunded after a refusal. How to budget with this in mind is explained in the article on how much a Ukrainian visa costs.
If the reason is an entry ban
If the refusal is based on information in the database of persons banned from entry, a new visa will not help. Article 13 of Law No. 3773-VI sets out the grounds for an entry ban. First find out who imposed the ban and for how long, and challenge it if it is unlawful. We offer a separate entry ban removal service for this.
Cancellation of a visa already issued
A visa can be cancelled even after it has been issued. Article 12 of Law No. 3773-VI allows cancellation at the border under the rules of border control, or while the foreigner is in Ukraine. Grounds include, for example, the discovery of forged documents or false information submitted with the application, or a decision on forced return. A decision to cancel a visa can be challenged.
General rules for appealing migration decisions are collected in the guide to appealing DMS decisions.
Lawyer's experience
Most people come to me after the refusal has already happened, and the reason is usually technical. The passport expires too soon, the insurance policy is the wrong one, or the person applied for a visa D before the work permit was issued. All of this can be seen before submission, which is why I begin by checking the package rather than the form.
When there is already a refusal, I first read the ground and compare it with paragraph 28 of the Rules. If a document was missing, we prepare a new package. If the consulate made a mistake, we write an appeal letter. Nobody can guarantee a consulate's decision, but you can remove the reasons behind most refusals.
If your visa has been refused, our visa support will help you deal with the cause and prepare a new application.
Official sources
What to do if you are refused
- 1Read the decision. The consulate tells you the ground for refusal and puts a mark in your passport.
- 2Compare the ground with the list in paragraph 28 of the Rules and work out which document or piece of evidence was missing.
- 3If documents can remove the reason, prepare a new package and submit a new application.
- 4If you believe the refusal is wrong, send an appeal letter to the same authority within the set deadline.
- 5After a second refusal no further appeal is allowed, and only a new application remains.
Frequently asked questions
Will I be told why my visa was refused?+
Yes. Paragraph 29 of the Rules requires the consulate to inform you of the grounds for refusal, and a refusal mark with the date and a signature is placed in your passport.
Can I apply again after a refusal?+
Yes, the Rules expressly allow a repeat application. You will have to pay the consular fee again, though, because it is not refunded after a refusal.
How long do I have to appeal?+
The appeal letter is filed within 60 working days of receiving the refusal. The second review takes no longer than 10 working days.
What if I have been entered in the database of people banned from entry?+
In that case a new visa application will not help while the ban is in force. First find out the ground for the ban, and then either challenge it or wait for it to expire.
Can a consulate cancel a visa that has already been issued?+
Yes, in the cases set out in Article 12 of Law No. 3773-VI, for example if it turns out that forged documents or false information were submitted with the application.
This article is general guidance, not individual legal advice.