Why a Temporary Residence Permit in Ukraine May Be Denied

Every year, many foreigners visit Ukraine. Despite the ongoing state of war, interest in our country remains strong. Many foreign nationals want not just to visit, but to stay here for a longer period: to live, work, or contribute to the processes of rebuilding and developing our state.

In recent years, there has indeed been a growing number of people seeking to contribute to Ukraine’s future. To ensure that such individuals remain in Ukraine legally, it is necessary to have the proper documentation, including a temporary residence permit.

However, it is not uncommon for the State Migration Service to deny the issuance of a residence permit. Such a refusal can cause serious difficulties for the applicant and may prevent them from staying in Ukraine for an extended period.

If you have been denied a permit or want to understand in advance the possible reasons for refusal in order to avoid problems, this article will help you navigate the procedure and understand the proper steps to take.

Reasons for Denial of a Residence Permit

The issuance of a temporary residence permit in Ukraine is carried out in accordance with current legislation, specifically the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” and Resolution No. 322 of the Cabinet of Ministers of Ukraine dated April 25, 2018. These legal acts clearly define the grounds for refusal to issue the permit. Understanding these reasons not only helps properly prepare the application documents, but also minimizes the risk of denial by the migration service. 

The general grounds for refusal to issue a residence permit include:

• The presence of a valid document granting the right to stay in Ukraine.

If you already hold a valid temporary or permanent residence permit, a military service ID, refugee certificate, or a certificate of complementary protection and are not applying for a permit replacement, you will be denied a new residence permit.

• Violation of permitted stay periods or the existence of unresolved deportation orders (removal, forced return).

A residence permit may be denied if you have overstayed the allowed period of stay or if there is an active decision regarding your forced return, removal, or entry ban. This does not apply to individuals officially recognized as stateless persons.

• Data discrepancies.

If the information you provide in your documents does not match the official state registries or records, the migration service has the right to deny the issuance of a residence permit.

• Establishment of Ukrainian citizenship.

If, during the verification process, it is determined that the applicant holds Ukrainian citizenship, they cannot be granted a temporary residence permit as a foreigner. This typically applies to cases where Ukrainian citizenship is acquired by birth.

• Application submitted by an unauthorized person.

If the application is submitted by a legal representative who lacks properly verified authority, the documents will not be accepted, and the residence permit will be denied. In our practice, such cases most often involve representatives (guardians, custodians, etc.) who are foreign nationals and whose authorizing documents were issued by another country. It is crucial to properly prepare and duly legalize the documents confirming the representative's authority.

• Incomplete documentation or errors in paperwork.

Even minor formal inaccuracies, such as translation mistakes, issues with the health insurance policy, incorrect dates, or improperly filled-out forms, can result in a denial.

• Threat to national security, public order, or public health.

If the Security Service of Ukraine (SBU), National Police, or other authorities provide information indicating that a foreign national’s actions pose a threat to the state, public order, public health, or the safety of others, this constitutes grounds for denial.

This also includes cases involving international crimes, serious offenses under Ukrainian law, or being listed as a wanted person.

• Lack of legal grounds for temporary residence.

A temporary residence permit is issued only if there are clearly defined legal grounds provided by law (such as employment, education, family reunification, etc.). If such a ground is absent or cannot be documented, the permit will be denied.

• Submission of false information or forged documents.

If it is found that you have submitted falsified information or counterfeit documents, you will be denied a residence permit. This is one of the most serious grounds for refusal. It includes, for example, providing an incorrect address of actual residence in Ukraine or submitting forged documents when applying to replace an existing permit.

• Failure to comply with government decisions or the presence of debts.

If you have unfulfilled court decisions, administrative penalties, or debts owed to the state, individuals, or legal entities, such as outstanding financial obligations or unpaid fines, this can lead to a denial. This is especially relevant in cases involving prior deportation or readmission obligations.

What to Do If You Are Denied a Residence Permit, Its Renewal, or Issuance

Have you been denied a temporary residence permit in Ukraine, its renewal, or initial issuance? The law provides a clear procedure for appealing such decisions, both through administrative channels and in court. This ensures the possibility of defending your rights and reaching a fair outcome.

A denial of issuance, renewal, or replacement of a temporary residence permit can be appealed within 30 calendar days from the date the foreign national or stateless person is officially notified of the decision. In such cases, it is crucial not to delay and to immediately seek legal assistance. Lawyers can help properly compile the full set of required documents and provide professional support at every stage—from preparing your case to defending your legal position before the migration authorities.

For an administrative appeal, you must prepare a complaint specifying the decision being challenged (including the date and the authority that issued it), and provide a reasoned argument as to why you believe the decision is unlawful or unfounded.

You must also include documents supporting the grounds for reconsideration. These may include documents that were not previously submitted, as well as those refuting the grounds for denial (such as certificates, new explanations, extracts from official registries, etc.).

The complaint must be submitted in written or electronic form either to the central office of the State Migration Service (SMS) or through the territorial division that issued the contested decision. The SMS reviews the complaint within 30 calendar days. If necessary, this period may be extended, but not beyond 45 days.

Based on the results of the complaint review, the SMS may:

• Cancel the previous decision of the territorial body/division and require it to issue a new decision on the residence permit based on the previously submitted documents, taking into account the materials attached to the complaint;
• Reconsider the application form, or uphold the original decision and reject the complaint.

In every case, the decision must be well-reasoned and properly documented.

Information about the outcome of the complaint review must be promptly communicated to the foreign national or stateless person, and if there are justified reasons, no later than three working days after the decision is made. Notification may be delivered via email, letter, or in person.

How to Avoid Being Denied a Residence Permit in Ukraine

To prevent a denial of your residence permit and reduce the risks associated with an unfavorable decision by the State Migration Service, it is essential to follow several key recommendations from a migration lawyer in advance:

• Familiarize yourself with the legal requirements of the procedure: Before submitting your documents, make sure to study the current Procedure for Issuing and Processing Residence Permits (Cabinet of Ministers Resolution No. 322). Confirm that your reason for staying in Ukraine is recognized by law (e.g., employment, education, family reunification, participation in international projects).
• Prepare a complete and accurate set of documents: Check that all documents are valid and in original form. Ensure that an official Ukrainian translation is provided (with notarization if required) and that all documents meet the formal and content requirements, especially contracts, health insurance policies, and certificates of birth or marriage.
• Avoid violating entry and stay regulations, and pay attention to deadlines: Do not exceed the permitted period of stay, avoid submitting documents late, and register your place of residence within the legal timeframe. Even a minor violation of the stay regime may become a formal reason for refusal.
• Verify the legitimacy of your grounds for the permit, and provide supporting documents that clearly substantiate the basis of your application. For example, for employment – a work permit or contract; for education – an official invitation from the educational institution; for family reunification – documents proving familial ties.

Please note! Discrepancies or inconsistencies between your stated purpose of stay and the supporting documents can raise doubts and result in denial.

• Do not submit forged or false documents, since using fake documents, inaccurate information, or false data is one of the most common and most serious reasons for refusal. Such actions may not only lead to denial but also to a future entry ban into Ukraine.
• Be prepared for possible inspections. The migration service typically verifies the actual place of residence, the authenticity of employment relationships, or other circumstances related to your stay. Avoid fictitious grounds, as this constitutes a violation and may carry legal consequences.
• Prepare for an interview, which may be conducted by either the migration service division or the relevant departments of the Security Service of Ukraine.
• Keep copies of all documents and confirmations, including submitted forms, receipts for administrative fees, registration slips, confirmation emails, etc. These will be essential in cases of loss, appeal, or resubmission.

Legal Services for Foreigners: Support in Case of SMS Refusal

Receiving a denial of a temporary residence permit is undoubtedly stressful, but it is not a dead end. In such situations, it is important to remain calm and act with legal precision and clarity. Our team offers full legal support and the assistance of an experienced migration lawyer at every stage of resolving the issue, including:

1. Analysis of the reasons for refusal: We thoroughly examine the decision, identifying all legal and procedural grounds cited by the State Migration Service (SMS).

It is essential to clearly understand whether the refusal is formal (e.g., due to document errors) or based on more serious grounds (e.g., an entry ban or suspicions regarding the validity of your stated grounds).

2. Conducting a legal consultation and developing a strategy for further action: We provide you with a clear understanding of the situation, possible solutions, and the optimal course of action: resubmitting documents, correcting identified violations, or appealing the decision through administrative or judicial procedures.

We explain which steps are most appropriate for your specific case.

3. Preparing and submitting complaints to the SMS: We assist you in collecting, organizing, and properly formatting supporting documents and guiding you through the submission process to the SMS.

4. Preparing documents for judicial appeal: if the administrative appeal yields no result or it is advisable to proceed directly to court, we will draft a lawsuit for the administrative court, compile the evidence base, and either represent your interests in court or provide full procedural support throughout the case.

5. Assistance with resubmitting documents after addressing the reasons for refusal, as in many cases, the situation can be resolved by filing a new application with a properly prepared document package.

And most importantly, forget about one-size-fits-all solutions. With us, you receive a personalized approach, comprehensive legal support, and protection of your rights.

Contact us, and take back control of the situation. Our migration lawyer is ready to help you ensure the legality of your stay in Ukraine starting today.

Call us or submit a request online, and we’ll begin working on your case immediately.