Deferment for students of a foreign university

Postponement for Foreign University Students: Everything You Need to Know

If you are a student studying at a foreign university, it is important to know that even without submitting the EDEBO certificate (Appendix 9), you have the right to a postponement from mobilization if you are studying full-time.

The law guarantees this right, and according to it, the Territorial Center for Recruitment and Social Support (TCRC) is obliged to verify the documents confirming your student status and make a legal decision based on paragraph 1, part 3, Article 23 of the Law of Ukraine "On Mobilization Preparation and Mobilization".

This law clearly regulates the issue of postponement for students studying abroad and establishes that even in the absence of the EDEBO certificate, the right to a postponement remains with the student. A judicial precedent confirmed: the refusal of the postponement was canceled, and the case was ordered to be reconsidered. This provides additional legal support for students in similar situations.

How to Get a Postponement for Foreign University Students?

To exercise the right to a postponement from mobilization, foreign university students need to follow a few important steps. Here’s what should be done:

1. Prepare necessary documents. Gather all documents that confirm your studies at a foreign university (e.g., student ID, contract, confirmation of enrollment, etc.).
2. Submit an application to the TCRC. Write an application to your territorial recruitment center stating that you are a student of a foreign university and request a postponement.
3. Document verification by TCRC. The territorial recruitment center must verify your documents and issue a decision according to the law’s requirements.
4. Appeal the refusal if necessary. If your postponement request is denied, you have the right to appeal the decision in court.

It’s important to remember that the right to a postponement is granted only if you have no other circumstances that may cancel this right (e.g., completion of studies or failure to fulfill contract terms).

Reasons for Postponement Refusal

While foreign university students have the right to a postponement from mobilization, in some cases, there may be reasons for refusal of this postponement. The main ones are:

• Invalid documents. If the documents you submitted do not meet the requirements or are forged, the postponement may be refused.
• Lack of confirmation of enrollment. If there are no documents confirming your enrollment at a foreign university, the TCRC may refuse the postponement.
• Completion of studies. If you have finished your studies, your right to a postponement automatically ends.

Judicial Practice Regarding Postponements for Students

Judicial practice shows that in case of refusal to grant a postponement for a student, the decision can be appealed. Specifically, one court precedent confirmed that the refusal of a postponement for a student studying abroad was unlawful, and the court ordered the TCRC to reconsider the case.

Such decisions set precedents for other students facing similar difficulties and provide additional protection for students' rights during mobilization.

Frequently Asked Questions (FAQ)

How Can We Help?

Legal consultation: Our lawyers will provide you with a consultation regarding your right to a postponement and help you prepare the necessary documents.

Legal support: We will help you prepare the application for the TCRC and, if necessary, appeal the decision in court.

Protection of your rights: Our lawyers will protect your rights in case of an unlawful refusal of the postponement and help resolve disputed issues.