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Grounds for cancellation of immigration permission

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PREMIUM 48.38
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Khyzhavska Olesia Yaroslavivna
Lawyer
Ukraine / Khmelnytskyi Oblast
Khyzhavska Olesia Yaroslavivna

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Publication date: 13.05.2024

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                        Grounds for Cancellation of Immigration Permission in Ukraine

 

     The cancellation of immigration permission in Ukraine is governed by the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" and various regulations issued by the Ministry of Internal Affairs. The primary grounds for such cancellation include:

 

1. Violation of Immigration Laws

    Providing False Information: Immigration permission can be cancelled if a foreigner or stateless person is found to have provided false information or used forged documents to obtain their permission.

    Violation of Entry or Stay Conditions: Overstaying a visa, working without proper authorization, or any other violation of the conditions of entry or stay can lead to cancellation.

 

2. Criminal Activities

     Engagement in Criminal Activities: Involvement in criminal activities or posing a threat to national security, public order, or public health is a ground for cancellation.

     Previous Deportation: If the person has previously been deported from Ukraine and attempts to re-enter without proper authorization, their immigration permission can be revoked.

 

3. Security Concerns

      Threat to National Security: Any individual deemed a threat to national security or involved in activities that undermine Ukraine's security may have their immigration permission cancelled.

     Public Health Risks: Significant public health threats, such as undisclosed serious contagious diseases, can be grounds for cancellation.

 

4. Failure to Comply with Legal Obligations

     Non-Compliance with Legal Requirements: Failure to comply with obligations like registering residence or reporting changes in personal circumstances affecting immigration status can lead to cancellation.

     Lack of Valid Documentation: Expired or invalid documents (e.g., passport, visa, residence permit) that are not renewed in time can result in cancellation.

 

5. Economic and Social Factors

     Dependence on Social Assistance: Becoming a burden on the state by relying on social assistance without a legitimate reason can be a ground for cancellation.

     Financial Misconduct: Involvement in financial misconduct such as tax evasion or financial fraud is also a ground for cancellation.

 

6. Breaching Public Order

       Public Order Violations: Activities that disturb public order, such as participating in riots or unlawful assemblies, can result in the cancellation of immigration permission.

 

7. Other Grounds Specified by Law

      Other Grounds: Any additional grounds specified in Ukrainian law or international treaties to which Ukraine is a party may also apply.

 

Process of Cancellation

     Administrative Procedure: The State Migration Service of Ukraine or other relevant authorities review the case and make a decision regarding the cancellation of immigration permission.

    Right to Appeal: Individuals have the right to appeal the decision within a specified period, ensuring due process is followed.

 

Conclusion

     Cancellation of immigration permission in Ukraine is primarily based on legal compliance, security, and public order. Immigrants must adhere to Ukrainian laws and regulations to avoid the risk of having their immigration status revoked. It is advisable to consult with legal experts or immigration advisors to ensure all requirements are met and to understand the rights and obligations associated with immigration status in Ukraine.

 

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