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Challenging the inaction of the migration service

Challenging the inaction of the migration service

Timing plays an important role in migration legal relations. The time of legal stay of foreigners on the territory of Ukraine is strictly regulated. Failure by representatives of the Migration Service to violate the terms of consideration of certain issues regarding stay in Ukraine leads to a forced need to leave the country or remain on its territory without legal grounds.

Such inaction of the Migration Service can be appealed. For this, the legislation provides appropriate mechanisms. In order to achieve the result as quickly as possible, it is advisable to use the help of a migration lawyer.

Services of specialists of the law firm “Prikhodko & Partners” on appeal against the inaction of the State Migration Service

For your information! If the body of the State Migration Service is inactive, in particular, it violates the terms of consideration of documents, in some cases it is advisable to use such mean as a lawyer’s request. Representatives of the State Migration Service are obliged to respond to such a request within 5 days.

Submitting a lawyer’s request at least speeds up the process of reviewing the applicant’s documents. Even if the applicant receives refusal, he will have to wait less for the opportunity to apply again. For example, the terms of consideration of documents for a residence permit should be up to one year. However, due to the inactivity of the State Migration Service, the process is delayed for 1.5-2 years. Having received a refusal, the applicant will be able to apply again only in a year. As a result, about a year is wasted due to the inactivity of the State Migration Service.

If the problem cannot be solved using a lawyer’s request, the lawyer takes the following steps:

administrative (pre-trial) appeal against inaction of the State Migration Service authority – filing a complaint sequentially or separately to the territorial authority (department) and the central authority of the State Migration Service;

filing a claim to the administrative court.

Legal assistance in drafting appeals and claims against the Migration Service

Important! A significant factor in the success of challenging the inaction of the State Migration Service is the correct execution of the appeal and other necessary documents. If an experienced lawyer deals with this issue, there is practically no risk of making mistakes.

You can file an appeal to the higher authority of the State Migration Service or the court in the following cases:

  • violation of the deadline for registering an application at the State Migration Service;
  • violation of the term or refusal to provide state services;
  • refusal to accept documents provided by law for the implementation of a specific procedure;
  • under some other circumstances.

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1 question

Have you been denied an immigration permit to Ukraine or a temporary residence permit due to an address?

Yes
No

2 question

Your greatest desire is to achieve justice in violation of your rights in the migration issue?

Yes
No

3 question

Do you have an official refusal to receive a migration service?

Yes
No

How long does a consultation with a lawyer on immigration law last?

The migration law lawyer of our company approaches cases thoroughly and you can be sure that all your questions will be answered. Usually a consultation lasts about 1 hour, but everything is individual, so if your case is complex and its analysis and legal conclusion requires more time than 1 hour, usually the lawyer will devote maximum time to a full and detailed consultation.

Is it possible to consult a lawyer online if it is not possible to come to the office?

Certainly. We provide consultations both online and in the office. Online consultation is possible in any way convenient for the client. This can be either a video call through a convenient messenger or a video conference format.

Do we provide free consultations?

The answer to this question is no. We do not offer free consultations. If you have one or two questions, the lawyer will of course advise you, but we provide detailed consultations on a paid basis.

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Migration services

A statement of claim for the issuance of a passport in the form of a booklet Accompanying marriages with a foreigner Apostille for education documents Appeal of the decision on deportation Appealing a refusal to issue a visa to Ukraine Appealing the decision on refusal to grant refugee status Applying for a visa to Ukraine Assistance in obtaining Ukrainian citizenship Cancellation of immigration permit Certificate of citizenship of Ukraine Certificate of crossing the border Certificate of family composition Certificate of removal from military registration Certificates for sailors Challenging the inaction of the migration service Citizenship of Ukraine by investment Claim for correction of an error in the birth certificate Confirmation of Ukrainian citizenship for a child Consular legalization Correction of errors in official documents Departure for permanent residence Deportation of foreigners from Ukraine Duplicate birth certificate Establishing the fact of residence on the territory of Ukraine Establishment of the person Extension of stay in Ukraine Extract on the place of residence Get a police clearance certificate Get a residence permit How to Renounce Citizenship of Ukraine? Immigration permit to Ukraine Invitation for foreigners Issuance of a permanent residence permit Issuance of a temporary residence permit in Ukraine Lawyer for renunciation of Ukrainian citizenship Legalization of foreigners in Ukraine Making changes to the registration civil status record Making changes to the registration record about birth Marriage with a foreigner in a day Migration advocate MIGRATION LAWYER Migration lawyer Kyiv Nostrification of documents Obtaining a residence permit by representation Obtaining a residence permit for study Obtaining an immigration permit Obtaining an inn for a foreigner Obtaining Ukrainian Citizenship for foreign military personnel Payments to families of deceased foreign military personnel Permanent residence permit Protection of the rights of foreign citizens in Ukraine Registration of place of residence Removal of the ban on entry to Ukraine Representation of interests in the State Migration Service of Ukraine Request to the Border Service about crossing the border Residence permit Residence permit in Ukraine by investment Residence permit when buying real estate Residence permit when buying real estate in Ukraine Restoration of educational documents Restoration of Ukrainian citizenship Sailor’s passport Statement of claim for divorce from a foreigner Transit visa to Moldova Ukrainian citizenship for children born through surrogacy programs Visa to Ukraine Work permit Working sailor’s degree