REASONS FOR REFUSAL TO ISSUE A TEMPORARY RESIDENCE PERMIT IN UKRAINE

Recently, especially during the war, the number of foreign visitors to Ukraine has increased significantly. Subsequently, they stay here for a longer period, so there is a need to issue a temporary residence permit.

Issuing and obtaining a temporary residence permit in Ukraine is a legal overriding right of a foreigner to stay within its borders.

Obtaining a passport often seems to be a very easy process, but in fact the territorial bodies of the State Migration Service of Ukraine can refuse a person in accordance with the grounds defined by the legislation of Ukraine.

The legislation of Ukraine distinguishes the following grounds for refusal:

• For example, you, as a foreigner, have with you a valid permanent residence card or an official refugee card. In this case, the available documents already confirm your legal stay in Ukraine, and therefore obtaining a temporary residence permit in Ukraine is impossible.
• The foreigner violated the legal terms of stay on the territory of Ukraine, received a ban on entry to Ukraine or forced deportation, and therefore his stay on the territory of Ukraine is illegal.
• The foreign citizen provided false data that cannot be confirmed according to the state registers of Ukraine.
• The submitted documents did not meet the full scope or deadlines for legal submission of documents to the State Migration Service.
• The application for obtaining a residence permit was submitted by a representative, but without confirmation of his authority.
• After the documents were accepted by the State Migration Service, it became known that the submitted documents are not valid or forged.

Also, the most popular grounds for refusal, especially during the period of martial law in Ukraine, are such as a person's citizenship of Ukraine. In this case, a person is a citizen of Ukraine by law, and therefore has the right only to issue a civil and foreign passport of Ukraine.

The next most important reason is that the Migration Service of Ukraine receives information from the Ministry of Defense of Ukraine, the Security Service of Ukraine and other law enforcement agencies of Ukraine that the actions of the applicant may pose a threat to the national integrity and security of Ukraine or the life and health of citizens of Ukraine.

Of course, we should not forget that according to the laws of Ukraine, every foreign citizen has the right to appeal the decision on the ban on issuing a passport to the State Migration Service or to the court. In such a case, the legislation limits the period for applying to the court of administrative jurisdiction regarding "appeal of decisions of the subject of authority". This period is equal to six months from the day of informing the person about the violated right.

The above reasons for refusing to provide temporary documents are not exhaustive, because all applications and consideration of foreigner's documents are individual cases and require detailed study. Therefore, for a more proper analysis of the adopted decision on refusal, it is worth seeking the help of a lawyer on migration issues.