APPEALING THE REFUSAL IN REGISTRATION OF A TEMPORARY RESIDENCE PERMIT ON THE BASIS OF MARRIAGE WITH A CITIZEN OF UKRAINE

Everyone knows that in order to legally stay on the territory of Ukraine, a foreigner needs to have a supporting document. One such supporting document is a temporary residence permit. Among the grounds for obtaining a temporary permit is a marriage with a citizen of Ukraine. That is, if a foreigner and citizens of Ukraine entered into a marriage, then on the basis of a marriage certificate, a foreigner can obtain a temporary residence permit. But in practice, foreign citizens are faced with refusals to obtain a temporary permit.

The reasons for refusal may be different, but do not forget that each refusal can be appealed. For this, the legislation provides a period and methods of appeal.

Time limit for appeal

The term for appealing against a refusal to obtain a temporary permit is one place from the date of receipt of the decision on refusal. The term is calculated from the moment the decision is received, and not from its issuance. If, for valid reasons, the deadline for appeal is missed, it can be restored on the basis of a separate application.

Appeal methods

There are two ways to appeal against a refusal to issue a temporary permit on the basis of marriage with a citizen of Ukraine.

• The first is a complaint to a higher authority. That is, a person who has received a refusal can file a complaint with the State Migration Service with arguments (evidence) added to it about the illegality of the refusal.

The complaint is considered within the period established for the consideration of complaints (usually one month from the date of filing). The advantage in this method of appeal is that it is free of charge and there is the possibility of further appeal in court.

• The second is the judicial process of appeal. This method is more complicated and longer. This is due to the fact that you need to prepare a statement of claim, pay a court fee and provide evidence to the court that the refusal to issue a temporary residence permit is illegal.

The statement of claim must be submitted to the administrative court at the location of the territorial branch of the State Customs Service, which issued the decision to refuse. A court fee is paid for filing an application, as of 2022 it is UAH 992.40. Consideration of the case in court can last from two to several months. At the same time, an appeal against the decision to refuse to grant a residence permit does not stop the implementation of this decision.

Evaluating these two methods, everyone can choose the most relevant for themselves. But it is worth noting that appealing the view in the design of a temporary view without the help of a lawyer may be ineffective. Since filing a complaint or statement of claim should be in accordance with the requirements of the law.

Often, when applying to the court, it is necessary to provide evidence that can be obtained at the request of a lawyer. And not the correct execution of documents can lead to a refusal to accept them and to miss an important time to appeal the refusal to issue a temporary permit on the basis of marriage with a citizen of Ukraine.