A foreign woman applied to the Kiev court with a lawsuit in which the court asks:
- Recognise as illegal and unreasonable the decision to refuse to issue a temporary residence permit dated 11/29/2022
- To oblige the Central Interregional Department of VHI in the city of Kyiv and the Kyiv region to issue a temporary residence permit to a foreigner.
It is indicated that the refusal to issue a temporary residence permit has no specific reasons and does not meet the requirements specified in the resolution of the Cabinet of Ministers of Ukraine dated April 25, 2018 on the procedure for issuing, issuing, exchanging, canceling, forwarding, withdrawing, returning to the state, invalidating and destroying a temporary residence permit, which makes it impossible to apply in the future with a corresponding application for a temporary residence permit, taking into account the corrected deficiencies.
A foreign woman applied to issue/exchange a temporary residence permit on the basis of family reunification with a citizen of Ukraine (on the basis of marriage). The Office conducted an on-site verification of the residence address of the foreigner mentioned in the application form. According to the results of the check, it was revealed that the girl does not live at the specified address of residence, which is confirmed by information received from the residents of the house. Since no one opened the door of the apartment, the employees of the Department were given a photo of the residents of the apartment, to which the latter confirmed that the foreigner did not live in the apartment. Thus, there were grounds for refusing to issue a temporary residence permit, namely: during the check of the girl’s place of residence, the latter was not identified at the address indicated in the application form, which indicates the legitimacy of the decision being appealed on the basis of the decision “ The procedure for issuing, issuing, exchanging, canceling, forwarding, withdrawing, returning to the state, invalidating and destroying a temporary residence permit.
When considering the documents, having fully clarified all the factual circumstances on which the claim is based, objectively assessing the evidence of legal significance for the consideration of the case and resolution of the dispute on the merits, the court established the following.
The foreigner is a citizen of the Russian Federation, in the case file there is indeed a certificate of a registered marriage. A temporary residence permit was also obtained on 12/23/2021, which expired on 12/22/2022. In connection with the expiration of the specified residence permit, the girl applied to the Central Interregional Department of the State Migration Service in Kiev to obtain a temporary residence permit. In order to counteract illegal migration, an on-site verification of the address of residence, which is indicated in the application form, was carried out. Based on the results of the check, it was found that the foreigner does not live at the specified address. In connection with these circumstances, it was refused to issue a temporary residence permit. According to the Constitution of Ukraine, foreigners and stateless persons who legally reside on the territory of Ukraine enjoy the same rights and also have the same obligations as a citizen of Ukraine, with the exception of those established by the Constitution, laws or international treaties of Ukraine.
Foreigners and stateless persons who arrived in Ukraine for the purpose of family reunification with persons who are citizens of Ukraine, or while staying legally on the territory of Ukraine, registered marriage with citizens of Ukraine and received a temporary residence permit, are considered those who are legally grounds are on the territory of Ukraine in the period before obtaining a permanent residence permit or acquiring citizenship of Ukraine. Entry into Ukraine and exit from Ukraine of foreigners and stateless persons who are married to citizens of Ukraine is carried out according to a passport document and a temporary residence permit.
Also, a foreigner with her husband have a son.
In the event that a citizen of the Russian Federation applies for an immigration permit, extension of the period of stay, registration (including in place of lost or stolen) and exchange of a permanent or temporary residence permit, the territorial body / territorial subdivision of the State Customs Service informs about the refusal to accept documents before entering into force of the law on the settlement of relations with the participation of persons associated with the aggressor state. But given that a foreign woman registered a marriage with a citizen of Ukraine and arrived in Ukraine for family reunification, received a temporary residence permit, the above restrictions cannot be imposed on her.
As a result, the Central Interregional Department of VHI is obliged to consider the documents submitted by a citizen of the Russian Federation for registration and issuance of a temporary residence permit in Ukraine, to make an appropriate decision, taking into account the above information.
If you need to apply for a temporary or permanent residence permit, you can contact our law firm. Our experts with many years of experience will help you process documents quickly and without difficulty.
