The right to freedom of movement is one of the indicators of the level of individual freedom and the development of democracy in a society. In its traditional manifestation, freedom of movement is the human right to free movement within the country, travel abroad and return back, as well as, in the matter of choosing a place of work.
There are several laws and regulations in the world that provide standards for regulating freedom of movement. According to article 13 of the General Declaration of Human Rights, every person has the right to move freely within the country. According to the International Covenant on Civil and Political Rights, as well as Protocol № 4 to the European Convention on Human Rights, the right to free movement is also guaranteed.
If we turn to national legislation, the right to freedom of movement is guaranteed by the Constitution of Ukraine, as well as by the Law of Ukraine “On freedom of movement and free choice of place of residence in Ukraine.” The last law not only guarantees the right to freedom of movement, but also prescribes the mechanism, procedure and conditions for ensuring and legal implementation of this right and the possibility of its legal use.
This law has consolidated the definition of a free choice of place of residence or stay not only for citizens of Ukraine, but also for citizens of other states who are legally on the territory of Ukraine.
The issue of violation of the right to freedom of movement within the country has recently, for some reason, often been violated by none other than the state body represented by the migration service.
In a number of issues in which a violation of this right may occur, they are not indirectly encountered when applying for a temporary residence permit and an immigration permit.
For example, when processing documents for obtaining a temporary residence permit, employees of the migration service must submit an application where basic information about the applicant is placed.
Among other things, the registration address and the address of the actual place of residence are indicated. According to the law, a certain department is obliged to check the information provided by the applicant for authenticity, including the address of actual residence. If the applicant is not found at the specified address on the day of the check, a refusal to obtain a residence permit will be generated based on the provision of deliberately false information.
In the issue of issuing an immigration permit, within three months from the date of receipt of a request from the migration service, structures such as the SBU and NP must provide answers about the presence or absence of reasons for refusing a person an immigration permit, the check for the presence of which must be carried out within the framework of their powers. According to the results of such checks, they very often give negative answers. And the consequence for the applicant is the refusal to issue an immigration permit.
By refusing to provide the service to the applicant, these bodies violate their right, first of all, to freedom of movement. So, as you know, a temporary residence permit is issued within 15 working days, and an immigration permit throughout the year. No one is obliged to be at the place of their registration or at the place of their actual residence (which was indicated on the day, fixed on a certain date), waiting for the decision of the migration service on their issue.
The decision to refuse to issue an immigration permit under Article 10 of the Law of Ukraine “On Immigration to Ukraine” or to issue (extend) a temporary residence permit on the basis of subparagraph 9 of paragraph 61 of the Procedure approved by Resolution of the Cabinet of Ministers of Ukraine № 322 – to an authority, a higher authority or a court.
The lawyers of Prikhodko & Partners Law Firm will be able to provide you with high-quality legal assistance in this matter.Contact us, we will be happy to help you.