LEGAL PROTECTION OF THE RIGHTS OF FOREIGN CITIZENS IN UKRAINE

According to the Ukrainian legislation violations of staying rules in Ukraine by foreigners and stateless individuals are the following:

  • Stay without documents confirming the right of residence in Ukraine, stay by invalid documents or documents that have expired.
  • Employment without due employment permit, should such a permit be stipulated by the Ukrainian legislation.
  • Failure to comply with the established order of movement and change of residence.
  • Failure to depart from Ukraine after a certain period of stay.
  • Violation of the transit rules in the territory of Ukraine.
  • Violation of the established order of registration by foreigners and stateless individuals.
  • Failure to stay in Ukraine for an allowed period discovered at the Ukrainian state border checkpoints.

Thus, the above types of administrative offences lead to decisions to expel foreign nationals from Ukraine, which, in their turn, can adversely affect interests of such foreigners, in particular, depriving them of their businesses, education, etc.

Recently foreigners and stateless individuals have rather frequently been wrongly prosecuted for committing administrative offences, with their rights and lawful interests violated.

In such cases foreign citizens and stateless individuals find themselves in dead-end situations often without even knowing that their involvement in administrative proceedings results in their being expelled from Ukraine without the right to come back during a certain period of time. Then, a purpose of a foreigner's arrival in Ukraine, whether for business or political asylum, becomes unachievable.

Thus, it should be noted that today there is a real possibility to avoid such situations and resume violated rights and lawful interests of foreigners or stateless individuals. In this regard, we suggest you considering the following ways to tackle your concerns arising with the bodies of the Migration Service and officers of the Interior Minister:

  1. Ensuring legal stay of a foreigner of a stateless individual in the territory of Ukraine:
    • processing employment permits to work in Ukraine;
    • providing assistance with invitations to enter Ukraine;
    • registering juridical persons at the Department of Citizenship, Immigration and Registration of Natural Persons as economic entities inviting foreign nationals;
  2. Extension of stay in Ukraine for foreigners or stateless individuals from to up to twelve months, should power entities resort to illegal actions aimed at their expulsion from Ukraine, in particular:
    • receiving an official document on having submitted an application to acquire a refugee status, that deprives law enforcement officers of the right to resort to administrative detention of foreigners and stateless individuals and take them to temporary detention centers;
    • submitting an appeal of decision made by law enforcement officers on expulsion from Ukraine to a higher authority;
    • submitting an appeal of illegal actions resorted to by officers of the State Committee on Nationalities and Religions;
    • filing a law suit in an administrative court to find expulsion or administrative prosecution initiated by power entities illegal that would suspend such acts and enable to freely move in the territory of Ukraine.

The given services includes:

  1. Thorough legal analysis of a definite situation that has risen due to illegal actions of a power entity as to a foreigner or a stateless individual.
  2. A law suit filed at a court.
  3. Control of litigation by a filed law suit to find actions of power entities to be illegal.
  4. Representation of a client in court hearings by a law suit to find actions of power entities to be illegal, in particular:
    • drawing up petitions relating to court proceedings;
    • making up written explications for additional arguing legal position of a client;
    • providing oral explanations concerning filed law suits during court hearings;
    • writing out disciplinary complaints against unlawful actions of a judge that has impact on impartial and unbiased investigation.
  5. Appeal of an administrative court judgment, should stated claims be refused, including:
    • detailed analysis of argumentation of an administrative court legal position related to stated claims refusal in compliance with the current Ukrainian legislation;
    • making up an appeal against an administrative court judgment to dismiss stated claims and filing a complaint directly to the Court of Appeal;
    • control over appeal proceedings against an administrative court judgment to dismiss stated claims.

Registration of foreigners at a visa and registration department Permanent residence card Temporary residence card Getting Ukrainian citizenship

Legal protection of foreigners and stateless individuals Foreigners' employment permits

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