Appealing an Immigration Permit Refusal, Odesa, Ukraine

 YOUR GOAL

Obtain an immigration permit.

But you have received a refusal from the SMSU to accept documents for immigration, or you have received a decision denying an immigration permit.

Common grounds for refusal of an immigration permit:

• Submission of false information or forged documents: mistakes in the application form, incorrect data about family ties; discovered forgeries of certificates, records, passport data.
• Criminal record or ongoing criminal proceedings: unexpunged or outstanding convictions for serious/especially serious crimes; open criminal cases in Ukraine or abroad.
• Violation of stay rules in Ukraine: overstayed period of stay; illegal entry or attempt to cross the border; working without a permit.
• Threat to national security and public order: person is on sanction lists; activities that may pose a risk to the state.
• Lack of grounds for immigration: person does not fall into categories entitled to immigration; incorrect basis chosen (e.g., applying under labor immigration instead of family reunification).
• Unconfirmed financial support: no proof of income or bank accounts; no guarantees of supporting oneself and family members.
• Problems with documents from the host party: employer or relative did not confirm required data; no documents proving housing in Ukraine.
• Administrative errors by the SMS: formal refusals due to “insufficient documents”; incorrect application of legislation; lack of clear motivation in the decision.
• Previous deportation/removal decision: person is banned from entering Ukraine for a certain period.

If you face one or several of these situations, then this service is for you!

 OUR OFFER

To cancel the decision denying an immigration permit to Ukraine and obtain the permit with the help of the migration experts of LC EUROVECTOR.

The procedure for canceling a refusal decision on an immigration permit:

• Analysis of all documents submitted for obtaining the immigration permit.
• Monitoring the foreigner’s period of stay, validity of submitted documents, and deadlines for submitting the application package.
• Finding a solution to the specific refusal situation.
• Determining deadlines for filing an appeal in court.
• Preparing a complete set of necessary documents for appeal submission and filing.
• Full assistance throughout the process until the immigration permit is obtained.

 PRACTICAL EXAMPLE

Situation: Citizen of India, 52 years old, married to a Ukrainian citizen, submitted documents to the State Migration Service (SMS) to obtain an immigration permit to Ukraine based on family reunification. After a month, he received a refusal stating that: the submitted documents “do not confirm the reality of the marriage,” insufficient evidence of joint residence, suspicions of “fictitious” grounds. Problem: the applicant and his wife actually lived together, but due to the wife’s work in another city and frequent business trips, they had only partial documents proving joint residence (joint registration, utility bills issued only in the wife’s name).

Solution: Refusal analysis: we review the SMS decision and establish that it lacks clear motivation, containing only general phrases. This is a typical ground for appeal. Evidence preparation: additional documents were collected — joint photos over several years; joint travel tickets; certificate from the homeowners’ association confirming cohabitation; written and notarized statements from neighbors; bank statements showing shared expenses. Filing an administrative claim to the district administrative court: demand to declare the SMS refusal unlawful and oblige registration of the immigration permit. Term: the claim was filed 25 days after receiving the decision (law allows 6 months). Court proceedings: at the first hearing, the court ordered the SMS to provide case materials. It turned out that the migration service did not request all necessary evidence, limiting itself to a formal check. The lawyer emphasized that this violates the principle of comprehensive and objective review. Legal argumentation: Art. 4 of the Law “On Immigration” – one spouse has the right to immigrate if the other is a citizen of Ukraine; Art. 2 of the Code of Administrative Proceedings – any government decision must be motivated; Supreme Court practice: formal refusals without analysis of submitted documents are considered unlawful. Additional step: an application for securing the claim was filed (to prevent forced removal of the applicant during the process). The court granted it: prohibiting SMS from initiating deportation until the case conclusion.

Result: Four months after filing the claim, the first instance court ruled: the SMS refusal is unlawful; SMS must reconsider the documents and register the permit. SMS filed an appeal, but the appellate court upheld the decision. Total time from filing the claim to final decision: 7 months. After enforcement, the SMS issued the immigration permit, and later the applicant obtained permanent residence in Ukraine.

Even if a refusal looks “final,” it can be appealed. Case success depends on proper argumentation and completeness of evidence proving real grounds for immigration. Court practice shows: in 60–70% of cases, courts side with foreigners if SMS failed to provide motivated reasons for refusal. Contact professionals — we will help you appeal the refusal and obtain an immigration permit!

 DOCUMENTS

Appealing a refusal to issue an immigration permit in Ukraine requires preparing a set of documents, which varies depending on each case of refusal

Documents for filing an appeal against refusal of an immigration permit

The more additional evidence (even small household details), the higher the chance of winning the case. Courts in Ukraine often recognize SMS refusals as unlawful precisely due to the formal approach of the migration service.

We help to properly prepare an appeal against refusal of an immigration permit and submit the complete set of documents on time.

 Price

Obtaining an immigration permit to Ukraine in case of appealing a refusal — service cost and processing time

We guarantee the final result — obtaining an immigration permit to Ukraine.

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LAW COMPANY EUROVECTOR