Cancellation of immigration permit

Issues of migration law are one of the areas around which the focus of practice of the law firm Prikhodko & Partners is built. In particular, this applies to appealing the decision of the authorized bodies that canceled a foreigner’s immigration permit. We invite you to familiarize yourself with this topic in more detail. We’ll also tell you exactly how we can be useful in such client requests.

Grounds for revocation of immigration permit

Therefore, your immigration permit may be revoked if:

• it was provided on the basis of forged or invalid documents or falsely provided information;
• the marriage that served as confirmation of the immigration permit was found by the court to be fictitious;
• the immigrant was sentenced in our state to imprisonment for more than a year, and the court verdict entered into legal force;
• the immigrant’s actions pose a threat to public order or national security (there must be a corresponding submission from the SBU on this topic);
• an immigrant received a residence permit in Ukraine on the basis that his child has the citizenship of our state, but he was deprived of parental rights in relation to this child;
• the immigrant was detained while trying to illegally cross the border of Ukraine or enter/exit the occupied territory.

These may also be other cases provided for by current legislation. And here a separate note should be made on the issue of the marriage of an immigrant with a person who has Ukrainian citizenship. It was stated above that the court’s establishment of the fact of a fictitious marriage is the basis for revoking an immigration permit. This is true, but sometimes clients who turn to immigration lawyers also have questions about what to do in the event of a divorce.

The mentioned situations should not be identified, because the person whose marriage did not work out did not intend to mislead the state when receiving permission to immigrate, unlike cases where the marriage was obviously fictitious from the very beginning. Therefore, it is important to remember that divorce in such situations is not a reason to cancel your immigration permit.

What should I know about revocation of immigration permit and appeal?

If an immigration permit is revoked, the permanent residence permit issued on its basis is also revoked. However, the cancellation of an immigration permit can be appealed. The current legislation provides 2 ways for this:

1. Pre-trial. In such a case, the immigrant must provide sufficient evidence that his or her permit was revoked without proper grounds. Or – directly refute the evidence to revoke the permit. Interaction takes place directly with representatives of the government agency that revoked the permit.
2. Judicial. This is a universal method that is used to protect your rights.

If the initiators of the cancellation of an immigration permit are representatives of the State Migration Service, they must draw up a reasoned conclusion, which should indicate the grounds for such cancellation. If this is explained in more detail, then we are talking about a specific indication of the circumstances and justification for the decision, and not just a formal reference to the article.

As practice shows, in many cases it is the second of the mentioned options that occurs, so the immigrant has every reason to effectively appeal the cancellation of the permit. Especially when a professional lawyer specializing in migration law helps him along the way. For example, if the State Migration Service’s letter does not indicate such a specific basis, then we submit a request demanding full information.

What is the time frame for challenging the revocation of an immigration permit?

You have a month to appeal the cancellation of your immigration permit. By the way, the position of the Supreme Court of Ukraine is important in this context, which is that “the grounds for revocation of an immigration permit may be the guilt of the immigrant.” Consequently, it is the responsibility of representatives of the State Migration Service to prove that the immigrant actually did something.

When a client comes to the team of the Prikhodko & Partners law office with such a request, we know what to do. We provide a full range of services, from consulting and assistance in interaction with the State Migration Service to representing the client’s interests in court. Contact us and we will make the necessary professional efforts to help you efficiently.