Decision on refusal to cross the state border when moving to a permanent place of residence

From the beginning of 2024, the State Border Service of Ukraine, represented by its structural units, began to massively issue border crossing refusals to absolutely all citizens of Ukraine who have real reasons to leave, almost without justifying their refusal.

As reasons for refusing to cross the state border, they indicate an incomplete package of documents or lack of grounds for leaving during martial law. Such a refusal is completely unjustified and violates fundamental basic human rights.

Grounds for crossing the state border provided for by Resolution of the State Migration Service of Ukraine of January 27, 1995 № 57 "On Approval of the Rules for Crossing the State Border by Citizens of Ukraine". In accordance with the specified NPA, namely item 2 - item 1 reflects the grounds for which you can leave.

In the case when a person crosses the border on the basis of the status of departure on the Permanent place of residenceF abroad, there is also a moment of refusal of departure from the State Border Service of Ukraine.

Documents:

In order to cross the border, citizens must present a passport in which there are the marks of the Ministry of Internal Affairs "Exit for permanent residence issued" and the diplomatic institution of Ukraine "Accepted for consular registration".

The possibility of protecting the violated right when traveling abroad on a Permanent place of residence in the event of a refusal to leave from the authorities of the State Border Service of Ukraine

In the case of a refusal to travel abroad on the Permanent place of residence, a citizen of Ukraine has the right to appeal this decision in court. To do this, it is necessary to apply to the court with a statement of claim, in which to indicate the grounds for appealing the decision of the State Border Service of Ukraine .

The court considers the case in the order of simplified legal proceedings. If the claim is satisfied, the court cancels the decision of the State Security Service and obliges them to issue a permit to the citizen of Ukraine to leave Ukraine for a permanent place of residence.

In addition, a person has the right to apply to the State Security Service with a request to review the decision on refusal to leave. The petition is sent to the State Border Service of Ukraine , which made a decision on refusal, within 10 days from the day of its receipt.

The State Border Service of Ukraine considers the request within 5 days from the day of its receipt. If the petition is granted, the State Security Service of Ukraine issues a permit to a citizen of Ukraine to travel abroad to a permanent place of residence.

Physical support of a lawyer when leaving and/or appealing a decision in an urgent manner

Physical accompaniment of a lawyer when traveling abroad to a permanent place of residence is not mandatory. However, given the fact that the procedure for crossing the state border can be quite complicated and lengthy, as well as the fact that there is a risk of refusal to leave - the physical support of a lawyer can be useful.

A lawyer can help a citizen of Ukraine collect the necessary documents, prepare for an interview with employees of the State Security Service, as well as protect his rights in the event of a refusal to leave.

 
An appeal against the decision to refuse to leave in an urgent manner can also be made with the help of a lawyer. A lawyer can submit a statement of claim to the court during non-working hours or on weekends.

Thus, a citizen of Ukraine who has received a refusal to leave abroad for a permanent place of residence abroad has the right to protect his violated right in court or by reviewing the decision of the State Security Service. Physical accompaniment of a lawyer when leaving and/or appealing a decision in an urgent manner can be useful. Fill out the form on our website and our lawyer will contact you shortly to clarify the details and provide an initial consultation on your case.