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