Terms play a significant role in the field of migration law. The period of legal stay of foreigners in Ukraine is strictly regulated. Delays in processing issues related to foreigners staying in Ukraine by migration service representatives can result in situations where foreigners may have to leave the country or remain here without proper legal justification.
However, such inaction of the migration service can be appealed since the legislation provides appropriate mechanisms. To achieve a quick result, it is advisable to seek the assistance of a qualified immigration lawyer.
In case of the State Migration Service’s inaction, especially regarding document processing delays, using a lawyer’s inquiry is recommended.
Representatives of the State Migration Service are obliged to respond to this inquiry within 5 days. Submitting a lawyer’s inquiry, at the very least, helps expedite the process of reviewing the applicant’s documents. Even in case of refusal, the applicant will be able to reapply much faster.
For example, the processing time for residency permit documents should be within 1 year. But due to the inaction of the State Migration Service, this process may be prolonged up to 1.5-2 years. After receiving a refusal, the applicant will only have the opportunity to reapply after a year passes. As a result, a whole year may be lost due to the inaction of the State Migration Service.
If resolving the issue through a lawyer’s inquiry is unsuccessful, professionals from the the Lawyers and Realtors Association of Ukraine “AROU” take the following steps:
- Administrative (pre-trial) appeal of the State Migration Service’s inaction, which involves filing a complaint sequentially or separately to the territorial and central authorities of the State Migration Service.
- Filing a lawsuit in administrative court.
Appealing to a higher authority of the State Migration Service or to court occurs in case of:
- Violation of the registration deadline with the State Migration Service;
- Failure to meet the deadline or refusal to provide a state service;
- Refusal to accept necessary documents required by law for a specific procedure;
- In other cases.
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It’s worth noting that without the assistance of a qualified lawyer, it’s hard to manage since it involves not only consultation but also drafting documents to the State Migration Service or the court, and, if necessary, representing interests in relevant authorities. A lawyer specialized in migration law can thoroughly analyze the reasons for refusal and choose the optimal path for appeal.
Additionally, if you have any questions regarding entry to or exit from Ukraine, we can help!
