Renewal of residence permits in Ukraine and what to do if you are refused
As a team of migration lawyers, we have encountered in practice many negative factors and reasons that can affect the process of obtaining a Temporary Residence Permit. An unpleasant thing is that standard Migration Service rejection letters often do not specify a specific reason for rejecting to issue or extend a Temporary Residence Permit.
The Migration Service may simply indicate a clause of the law, which doesn’t mean anything to an ordinary person, much less for people who do not know the Ukrainian language well. Often the reasons for refusal are formal, and applicants usually have no idea how to correct the situation in order to reapply for the permit and obtain a positive decision. The applicant must try to guess and re-apply again and again, and this leads to an unnecessary waste of effort, time, nerves and money.
In this article, we will name the most common reasons for refusal to extend or issue a Temporary Residence Permit, and talk about how to avoid such situations.
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What are the reasons for refusal to issue or extend a Temporary Residence Permit?
A foreigner or a stateless person has a valid Temporary Residence Permit on the day of application;
An applicant stays on the territory of Ukraine with violation of established period of stay or there is established non-compliance with the decision of authorised authority on forced return, forced expulsion or, for example, ban for further entry to Ukraine;
Information obtained from the Registers of debtors, court decisions and other databases doesn’t confirm the data provided by the foreigner;
A person has Ukrainian citizenship;
Appeal for obtaining the permit was made by a legal representative without appropriate documents confirming powers on obtaining of permit;
Documents and information are not submitted in full or in violation of time limits;
Information obtained (from a state authority) that the actions of a foreigner or a stateless person threaten national security, public order, health, protection of rights and legal interests of citizens of Ukraine or other persons residing in Ukraine etc;
The foreigner’s identity document is forged, damaged, does not conform to the established template or belongs to another person, or its validity has expired;
A foreigner or a stateless person knowingly presents false information or forged documents;
A foreigner or stateless person is found to have failed to comply with the decision of the court or state authorities of Ukraine empowered to apply administrative penalty, or they have other property liability before the State, individuals or legal entities, including those related to previous expulsion from Ukraine, also after expiration of the ban for further entry to Ukraine.
How to understand the reasons for rejection and how to redress the situation?
In case of a refusal, you must be provided with an official document signed by the head of the Migration Service, which will contain your data and specify a specific paragraph of the Order, which regulates the MSU (it coincides with the reasons mentioned above).
Let’s consider in more detail the most frequent reasons for refusal to extend a Temporary Residence Permit.
If the document specifies Point 1 (a foreigner has a valid Temporary Residence Permit), this may mean that you have filed documents for the extension of a Temporary Residence Permit too early, and the old permit has a validity of more than 3 months. In this case, you can easily reapply for a Temporary Residence Permit, but it is worth doing no earlier than two and a half months, but not later than 15 business days before the expiration of the permit.
Please note! If, for example, a Temporary Residence Permit was obtained for the purpose of studying, and it ends before the period specified in it, it is desirable to take a certificate from the university, which will confirm this fact, and submit it with the rest of the package of documents to change the Temporary Residence Permit.
There are also situations when a person needs to leave Ukraine for a long time and understands that the Temporary Residence Permit will expire upon your return, then you can try to submit along with all the documents a written application, which will clearly explain your situation and the reason for the premature extension. You can also rely on the fact that now in Ukraine there is a Resolution of the Cabinet of Ministers, which allows you to extend the expired Temporary Residence Permit for as long as there are quarantine restrictions in Ukraine.
In any of these situations, our lawyer will easily help you to avoid rejection and arrange everything so that you can get along with one submission of documents with a guaranteed extension of the Temporary Residence Permit.
Point 2 (breach of the order and term of stay) - this situation does not require a long explanation, because every foreigner should know that when coming to Ukraine, he/she is entitled to stay on its territory for a period no longer than the visa allows, or 90 days (for non-visa countries). Citizens of Belarus are an exception - for them the number of days is increased to 180 days.
The legislation provides for the possibility of extending the period of stay, provided that you have valid reasons:
the last stages of pregnancy;
serious illness requiring inpatient treatment;
a foreigner has applied for immigration and the application is under consideration.
If you have overstayed in the country, the only legal option for a foreigner is to leave the country and try to apply for a new visa, or wait until the further legal 90 days of stay. But it is worth noting that in the case of overstaying on the territory of Ukraine, there are penalties for such violators: a fine, a ban on entry or expulsion/deportation.
During the quarantine period in the country there are no penalties for this violation, but there are still other sanctions that may be used against you.
Recommendations of a lawyer for foreigners overstaying in Ukraine:
The fine must be paid if you plan to visit Ukraine in the future.
The entry ban can be lifted if you have a receipt of the paid fine and if you give strong arguments about the reason for overstaying in Ukraine
Expulsion/deportation is already a valid reason, after which you most likely will not be able to enter Ukraine, it is important not to allow this situation.
Point 3 (A foreigner is listed in the Registry of debtors, court proceedings, etc.). Usually the reason for refusal under this point can be the following situations:
You are fined for a traffic violation and do not pay the fine, committed an administrative or minor criminal offense, or your data is entered in the register of debtors. The right way out of this situation will be to solve the initial problems, and then apply for obtaining or extending the Temporary Residence Permit.
There may also be a situation where a person filed documents for obtaining or extending a Temporary Residence Permit, and during the examination of documents got under the sanctions of the Migration Service, for example, a fine or reduction of stay. And at the same time the issue was left to chance: the fine was not paid or the person did not leave the country.
Our lawyers will help you to find out the specific reason for the refusal, send requests to the relevant state authorities to clarify the circumstances, help you pay the fine or lift the entry ban. We will do everything possible to help you remove the obstacles that legally prevent you from extending your Temporary Residence Permit in Ukraine.
Point 9 (False information or forged documents). Often, the reason for the refusal is the indication of the address, where the person does not actually reside, when submitting the documents. In such a case, it is better to register at the address where you really reside.
But there are cases where people live in rental apartments and do not have the opportunity to register them, then it is correct to indicate their address in the column of the actual address, and it is better to emphasize this point to a specialist who takes your documents, as it is, for the most part, in your interest.
When assisting foreigners to get a Temporary Residence Permit in Ukraine, we always advise our Clients on the completion of the procedure and the rules of registration, so that in the future they have no problems.
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What if I failed to extend my Temporary Residence Permit before the expiration date?
At a time when the world is facing a difficult situation with the COVID-19 pandemic, and countries periodically introduce lockdowns, ban any entry and exit from their territories, and close borders, the Cabinet of Ministers of Ukraine decided to approve the “Quarantine” Resolution.
According to this document, for the period of establishment of quarantine or restrictive measures related to the spread of coronavirus disease (COVID-19), from the day of the announcement of quarantine, the deadlines for the administrative services and other services, determined by the law of Ukraine, are suspended.
From the day of cessation of quarantine, the deadlines will be restarted considering the time elapsed since it stopped. This means that even if your Temporary Residence Permit has expired, you can still extend it (a complicated situation will be only with a Permit issued on the basis of employment, but we can help you redress the situation too).
It is also stipulated that the paperwork in the period of quarantine is carried out at the place of application of the person. This means that you can be registered or reside in another city, and apply for a Temporary Residence Permit in the city in which you are at the time of such a need. (Unfortunately, the nuance is that not all cities in Ukraine have such rules, so it is better to clarify this issue individually for each city).
Our company offers you legal services for obtaining or extending your Temporary Residence Permit in Ukraine even in the most difficult situations. You can find out the price of services for obtaining a Temporary Residence Permit here, or contact our specialists to form the price of legal services in your specific case.
Do you need assistance with the guaranteed extension of your Temporary Residence Permit in Ukraine? Don’t hesitate to contact us! We will help you avoid rejection and ensure legal stay in Ukraine.
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