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.