Publication date: 16.07.2024
Refusal to receive a permit: what to do?
Obtaining a temporary or permanent residence permit in Ukraine is an important step for many foreigners. However, sometimes the process can be more difficult than expected, especially if the applicant is denied a permit. In such a situation, it is important not to panic, but to act competently and consistently. This article will help you understand what steps should be taken in case of refusal to receive a permit.
1. Understand the reasons for refusal
First of all, it is necessary to carefully study the official notice of refusal. It must specify the specific reasons why you were refused a permit. These reasons may include:
- An incomplete package of documents
- Inaccurate information in submitted documents
- Non-compliance with the requirements of the legislation
- Violation of deadlines for submission of documents
- Existence of a ban on entry into Ukraine
Understanding the reasons for the failure will help determine further actions and avoid repeating mistakes in the future.
2. Get legal advice
After receiving a denial, it is important to seek professional legal help. There are several options for receiving such assistance:
Online legal advice: Many law firms and lawyers offer online advice, which allows you to quickly get a preliminary assessment of the situation.
Written legal consultation: You can order a written consultation from a lawyer, which will contain a detailed analysis of your situation and recommendations for further actions.
Online consultation of a lawyer : This is a convenient way to discuss your situation with a specialist in real time, ask questions and get immediate answers.
Analysis of the situation by a lawyer: An experienced lawyer can conduct an in-depth legal analysis of the situation, identify possible errors in the refusal procedure and propose a strategy of action.
3. Legal analysis of the situation
Based on the received legal advice, a thorough legal analysis of the situation must be conducted. This may include:
- Study of the legislation regulating the issue of passports
- Analysis of court practice in similar cases
- Assessment of the legality of actions of the migration service
- Detection of possible violations of the procedure for considering your application
The legal opinion prepared based on the results of such an analysis will become the basis for further actions.
4. Preparation and submission of a complaint
If the legal analysis of the situation has revealed grounds for challenging the refusal decision, the next step will be to prepare and file a complaint. This process may include:
Written legal advice: A solicitor or solicitor can provide detailed written advice on the structure and content of the complaint, the arguments to be used and the evidence to be provided.
Attorney's request: To obtain additional information or documents that may be useful for your case, a lawyer can prepare and send a lawyer's request to the relevant authorities.
Writing an attorney request: This document can be used to clarify the details of the denial, obtain copies of documents, or request additional information that may be helpful in appealing the decision.
The complaint can be submitted to a higher authority of the migration service or to a court, depending on the specific circumstances of the case and the recommendations of your lawyer.
5. Preparation for trial
If it is decided to go to court, it is important to thoroughly prepare for the trial. This may include:
Legal opinion on the situation: A detailed document that analyzes all legal aspects of your case can be prepared by a lawyer for submission to the court.
Lawyer's opinion: Professional assessment of the prospects of the case and recommendations on the strategy of protecting your interests in court.
Analysis of the situation by a lawyer: An additional review of all aspects of the case can help reveal new arguments or evidence in your favor.
6. Alternative ways of solving the situation
In parallel with the appeal process, it is worth considering alternative ways of solving the situation:
- Re-submission of the application for obtaining a permit, taking into account the detected errors
- Changing the grounds for obtaining a permit (for example, changing the place of work or study)
- Consideration of the possibility of obtaining another type of residence permit
Online legal advice can help you assess the appropriateness of each of these options in your particular situation.
7. Monitoring of changes in legislation
Migration legislation can change, so it is important to constantly follow the current regulations:
Legal analysis of the situation: Regular review of your case, taking into account new legislative acts, can open up new opportunities for solving the problem.
Legal opinion: A specialist can provide an updated opinion on your situation, taking into account changes in the law.
8. Preparation for resubmission of documents
If it is decided to submit documents again, it is important to prepare thoroughly:
- Fix all errors found during the first submission
- Collect additional documents that can strengthen your application
- Make sure that all documents meet the current requirements
The written advice of a lawyer can be useful to check the completeness and correctness of the prepared package documents
9. Psychological preparation and support
The process of appealing a permit denial can be lengthy and stressful. It is important to take care of your psychological state:
- Find support groups or forums where you can talk to people in a similar situation
- Do not hesitate to turn to friends and family for emotional support
- Consider consulting a psychologist if you feel that the situation is having a major impact on your mental health
10. Financial planning
Appealing a decision to refuse may require significant financial costs. It is worth planning the budget in advance, taking into account possible expenses for:
- Legal services (consultations, preparation of documents, representation in court)
- State fees and duties
- Translation and notarization of documents
- Possible living expenses in Ukraine during the case review
11. Preparation of plan B
Despite best efforts, there is a possibility that the appeal will not be successful. That's why it's important to have a backup plan:
- Consider alternative countries to live or work
- Consider the possibility of temporarily returning to your homeland
- Explore other legal ways of staying in Ukraine (for example, on the basis of education or business)
A legal opinion from an expert can help assess your chances of success and the need to develop alternative plans.
12. Documenting the process
Throughout the appeal process, it is important to keep detailed documentation:
- Keep copies of all submitted documents and responses received
- Keep a log of all interactions with authorities, including dates, names of employees and content of conversations
- Keep all legal opinions and advice you receive
This information can be critical to your case, especially if the process drags on.
Refusal to receive a visa is a serious problem, but it does not necessarily mean the end of your plans to live in Ukraine. A competent approach that includes obtaining qualified legal assistance, careful analysis of the situation and consistent actions can help you successfully appeal the decision or find an alternative way to achieve your goals.
Remember that every situation is unique and what works for some may not work for others. That is why it is so important to get individual legal advice and develop a strategy that takes into account all the features of your specific situation.
Do not lose hope and be persistent in protecting your rights. With the right approach and professional support, you have every chance to successfully solve the problem of obtaining a permit and implement your plans for life in Ukraine.
