Appealing the refusal to replace a residence permit in Ukraine

 YOUR GOAL

Obtain a residence permit after replacement.

But at the moment you have received from the SMS (State Migration Service) a refusal to replace the residence permit or a refusal to accept documents for its replacement.

The most common reasons for refusal to replace a residence permit, one of which you may already have encountered:

• Incomplete set of documents: passport, proof of residence, photo, or other mandatory documents not submitted.
• Missed deadlines: the application was filed after the expiration of the previous residence permit.
• Invalid or forged documents: falsification or loss of validity of documents was detected.
• Lack of grounds for residence: divorce, termination of employment, cancellation of immigration permit, etc.
• Violation of migration legislation: exceeding the allowed period of stay, absence of registered address.
• Entry ban: if the foreigner is prohibited from entering Ukraine for a certain period.
• Errors in personal data: discrepancies in name, date of birth, or other information in documents.
• Threat to national security or public order: person is listed in sanctions databases or may pose a risk.

Then this service is exactly for you!

In every situation, the decision of the SMS can be appealed administratively or through court.

 OUR OFFER

Refused in residence permit replacement? What to do and why it is serious?

A refusal to replace a temporary or permanent residence permit is a critical situation that threatens the legal status of a foreigner in Ukraine. However, it is important to understand: the decision of the State Migration Service (SMS) is not a final verdict. It can and should be appealed. In this article, we explain how to act correctly and why ignoring this problem may lead to loss of legal status and the need to leave the country.

Step 1: Professional case analysis. Before making any decisions, it is necessary to conduct a thorough analysis. This is a key stage that determines the further strategy. What a migration lawyer does:

• Analyzes the reasons for refusal: carefully reviews the official grounds stated in the SMS decision and checks the submitted document package.
• Monitors all deadlines: verifies the period of legal stay of the foreigner, validity of documents, and deadlines established by law for appealing the decision.
• Develops a defense strategy: finds the optimal solution for your specific case and determines which of the two paths will be the most effective.

Step 2: Two ways to solve the problem. After detailed analysis, it becomes clear which strategy to follow.

• Option 1: Preparing and submitting a new set of documents. This option is suitable if the refusal was justified and related to errors that can be corrected. For example: an incomplete package was submitted; mistakes or inaccuracies were made in the application or other documents; documents did not meet established requirements (translation, apostille, legalization). In such case we help to quickly correct all shortcomings, prepare a flawless package and re-submit it (if deadlines of stay allow).
• Option 2: Appealing the refusal decision. This option is the only correct one if the refusal was illegal and unfounded, while your documents were in full order. For example, SMS misinterpreted a law or unjustifiably refused to accept the documents. There are two ways to appeal: Administrative appeal: filing a complaint to the higher body — the central office of SMS of Ukraine. This way is faster and cheaper.
  Judicial appeal: filing an administrative lawsuit in court demanding cancellation of the unlawful decision. This process takes longer but is the most reliable tool to protect your rights.

"What if I do nothing?" — Real consequences for a foreigner.

Ignoring a refusal to replace a residence permit is the worst strategy, almost guaranteed to lead to serious problems. What actually happens:

• Loss of legal status: after the expiration of the old permit, your stay in Ukraine becomes illegal.
• Risk of deportation: as an illegal migrant, you may be subject to administrative liability, fined, and face a decision on forced deportation with a 3-year entry ban.
• Complications for future applications: an unappealed refusal remains in databases, creating a negative migration history and significantly increasing the risk of future refusals.

Conclusion: A refusal to replace a residence permit is not just bureaucratic hassle, but a direct threat to your legal status and life in Ukraine. Ignoring the problem leads to loss of time, legal grounds for stay, and opportunities. If you face such a situation, do not delay. Timely request for professional help is the best way to protect your rights, preserve legal status, and continue your life in Ukraine.

 PRACTICE CASE

Case: A Vietnamese citizen, 34 years old, married to a Ukrainian citizen, had a temporary residence permit based on family reunification. The validity of the permit was close to expiration. The application for replacement was submitted late due to emergency hospitalization abroad and difficulties returning to Ukraine. After submission, the territorial office of SMS issued a decision of refusal to replace, arguing that the package was incomplete (missing notarized translation of marriage certificate and receipt for administrative fee) and partly referring to “missed submission deadlines”. The client risked losing her right to reside and work.

Problem: The refusal is formal but has real consequences: risk of losing legal status, inability to continue working, threat of deportation. The client had no experienced lawyer and turned to us urgently.

Our specialists’ actions:

• Obtained the full text of the refusal decision and case file extract (request to SMS) to determine what exactly was considered “incomplete” and the date the system recorded the application.
• Analyzed the legal basis of refusal and established the possibility of pre-trial appeal (administrative complaint) within the statutory 30 days — the client applied in time.
• Urgently corrected formal deficiencies: arranged and submitted notarized translation of marriage certificate; provided proof of state fee payment (recovered a copy from the bank).
• Collected additional evidence confirming genuine family relations and cohabitation: joint registration, utility bills, photos and correspondence, notarized neighbor statements, husband’s employment certificate, bank statements of shared expenses.
• Prepared a detailed administrative complaint to the higher SMS authority with arguments: the refusal is formal, lacks proper justification, cited provisions of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” requiring motivated decisions and consideration of evidence.
• Attached corrected documents and explanations for delay (medical certificate of hospitalization and ticket copies), requested recognition of valid reasons for late submission.
• Requested within administrative procedure to temporarily refrain from initiating forced deportation (preventive measure) while the complaint is under review.
• Additionally provided accounting and administrative support to confirm income and medical insurance (if needed for the process).

Timing (realistic): the complaint was prepared and filed within 18 days after receiving the refusal; the higher SMS body reviewed it in ~25 days; after the complaint was satisfied — re-acceptance of documents and issuance of a new residence permit took about 12 business days.

Result: The higher SMS authority canceled the initial refusal as formalistic, acknowledging that after corrections the package met requirements. SMS was obliged to accept the application again. After that, the temporary residence permit was replaced (new document issued officially). The entire process from appeal to obtaining the new permit took about 6–7 weeks. The client kept her right to reside and work, continuing her family life in Ukraine without employment interruption.

What was crucial:

• Quick response and obtaining full text of SMS decision — allowed to clearly identify weak points of the refusal wording.
• Correction of formal deficiencies (notarized translations, recovery of payment receipts).
• Providing convincing additional evidence of real cohabitation.
• Proper administrative complaint with references to legal requirements for motivated decisions.

Conclusion: Even when a refusal seems “final” due to formal grounds (missed deadlines, missing translation or receipt), it is often possible to overturn it at pre-trial stage with prompt and professional support. The key is not to delay, obtain the full decision text, correct formal errors, and provide valid evidence for late submission.

 DOCUMENTS

Documents for appealing a refusal to replace a residence permit

Contact professionals. We will help you correctly file an appeal against the refusal to replace a residence permit and submit a full package of documents on time.

 PRICE

Appealing a refusal to replace a residence permit — timelines and service fees

We guarantee the final result — Obtaining a residence permit in Ukraine.

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