Temporary residence points for foreigners - appealing the decision to detain a foreigner

 YOUR GOAL

To challenge an unlawful decision on placing you, as a foreign national, in a Temporary Detention Center for Foreigners and Stateless Persons (TDC).

Main issues you may face during the appeal process:

• Exceeding the detention period without a court decision: You are being held in the TDC for more than 72 hours without a proper court ruling.
• Actual isolation: You are isolated in the TDC, and your complaints against the administration or staff are not registered or forwarded. You have no contact with the outside world.
• Limited access to legal assistance: You are unlawfully detained without real access to a lawyer or interpreter, which violates your right to defense.
• Court bias: The court supported the migration authority’s position without properly examining the circumstances that prevented your departure from Ukraine.
• Lack of knowledge of legal procedures: You are not informed about your rights, including the right to appeal a court decision within 10 days.
• Unlawful prolonged detention: You are held in the TDC for more than 18 months without a new court decision.

 OUR OFFER

Comprehensive legal support in cases challenging decisions on the detention of foreigners in TDCs

We provide professional protection of the rights of foreign nationals who are unlawfully or unjustifiably detained in temporary detention centers. Our legal team has hands-on experience in cases involving violations of migration law and human rights.

Services we provide:

• Situation analysis and client consultation — clarification of detention circumstances, verification of the legality of actions by migration authorities or police, and assessment of the chances of a successful appeal.
• Preparation of procedural documents — drafting complaints, lawsuits, applications to courts or the Ombudsman, and preparing documents for the release of the detainee.
• Court representation — protection of the client’s interests at all stages of the court process, participation in hearings, filing appeals and motions.
• Interaction with public authorities — cooperation with migration authorities, border services, police, and consular offices of foreign states.
• Monitoring enforcement of court decisions — support during the release procedure, restoration of documents, and resolution of issues related to further stay in Ukraine.

We act quickly, lawfully, and effectively — every day of a foreigner’s detention matters, which is why we ensure rapid response, reliable legal protection, and full support until the client’s rights are fully restored.

 CASE STUDY — PRE-TRIAL APPEAL

• Situation: A foreign national from the EU received a written refusal to extend their stay in Ukraine due to an alleged “non-compliance of documents.” The refusal was issued without proper justification and was purely formal, putting the client’s legal stay and employment at risk.
• Problem: Without timely action, the client faced a fine of up to UAH 17,000, blockage of registration procedures, and inability to travel abroad. The situation was aggravated by strict deadlines — only 10 working days to file an appeal.
• Our solution: We prepared a pre-trial complaint with detailed justification of the legality of the client’s stay and submitted it to the State Migration Service together with supporting documents: copies of passports, work permits, income certificates, and proof of lawful residence. We communicated with migration officials, substantiated the procedural violations, and clarified the completeness of the submitted documentation.
• Result: Within 5 working days, the State Migration Service revoked the formal refusal and restored the permitted stay period. The client continued legal residence and employment without fines or delays. Professional pre-trial appeal allowed the client to avoid litigation and promptly restore their rights.

 CASE STUDY — JUDICIAL APPEAL

• Situation: A foreign national from a CIS country overstayed in Ukraine. The State Migration Service identified the violation, issued an administrative offense report, and applied to an administrative court requesting placement of the foreigner in a Temporary Detention Center (TDC). Prior to the hearing, a state-appointed lawyer was formally assigned. However, the lawyer met the client only 10 minutes before the hearing, did not speak the client’s language, and no interpreter was provided by the court. The lawyer did not properly review the case materials, clarify the circumstances of the stay, or verify valid reasons for delayed departure (illness, force majeure, document issues). During the hearing, the lawyer did not raise objections, submit motions, or request mitigation. The court reviewed the case in 15 minutes and ordered detention in the TDC for up to 90 days. The court decision was not properly explained or served to the foreign national.
• Problem: Without effective legal defense, the foreign national was detained in the TDC for an extended period. He did not understand how to appeal the decision, lacked access to case materials, and was unable to work or restore documents to regularize his migration status. Risks included blocked visa procedures, deportation, and an administrative fine of up to UAH 34,000. Formal appointment of a lawyer failed to provide real protection of the client’s rights.
• Our solution: Our team prepared a full set of documents for the administrative court: a claim to cancel the detention decision, a motion for immediate release as an interim measure, and evidence of lawful stay (passport copies, registration, medical certificates confirming valid reasons for delayed departure). We ensured full court representation and proved violations of the right to effective legal defense, absence of an interpreter, and improper examination of case materials during the initial hearing. The court session lasted 2 hours, with full legal advocacy at every stage.
• Result: The court found the detention decision unlawful due to violations of procedural guarantees and ordered the immediate release of the foreign national. The client was released within 24 hours, no fines were imposed, migration status was regularized, and further migration procedures were restored. Professional legal support fully eliminated the risks of prolonged detention, financial sanctions, and human rights violations.

Do not risk your time and rights — contact professionals to obtain a guaranteed result and peace of mind for you and your loved ones.

 DOCUMENTS

For effective appeal of a decision on the detention of a foreign national, it is necessary to prepare and structure a package of documents confirming the legality of stay and lawful activity.

I. Documents for administrative appeal

II. Documents for legal support

III. Documents for judicial appeal

IV. Documents for accounting/financial support (if related to payment of fees)

Important: All documents must be prepared in accordance with legislation and the requirements of the State Migration Service and the court. Professional preparation minimizes the risk of refusals and delays in the appeal process.

Do not risk your right to lawful stay — entrust document preparation and legal support to professionals to ensure a fast and lawful outcome.

 Price

Appeal against a decision on detention of a foreign national: timeframes and service costs

We guarantee the final result — release of the foreign national from the Temporary Detention Facility.

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LAW COMPANY EUROVECTOR