A foreigner, a citizen of Azerbaijan, registered a marriage with a citizen of Ukraine in 2015. A child was born in marriage. In 2017, an immigration permit was issued. Subsequently, a letter was sent to the foreigner regarding the cancellation of permission to immigrate to Ukraine. The basis for the cancellation of the immigration permit was stated that the foreigner committed actions that threaten the national security of Ukraine and / or public order in Ukraine. According to the law of Ukraine, a person who permanently resides outside of Ukraine and has received an immigration permit, a diplomatic mission or consulate of Ukraine can apply for a long-term visa. A person enters the territory of Ukraine in the manner prescribed by the legislation of Ukraine.
After the arrival of an immigrant in Ukraine, he is obliged to apply within five working days to the central executive body that implements state policy in the field of migration, including combating illegal migration, citizenship, registration of individuals, refugees and other categories of migrants, with an application for extradition him a permanent residence permit. A copy of the passport document with a long-term visa affixed to it, and a copy of the decision on issuing an immigration permit are added to the application. Then, within a week, a permanent residence permit is issued. To a person who is legally in Ukraine and has received an immigration permit, the central executive body that implements the state policy in the field of migration, including combating illegal migration, citizenship, registration of individuals, refugees and other categories of migrants designated by law, issues permanent residence permit within a week from the date of submission of the relevant application.
An immigration permit may be canceled if:
1. It turns out that deliberately false information, forged documents or documents that have lost their validity were used.
2. An immigrant was sentenced in Ukraine to imprisonment for a term of more than one year and the sentence entered into force.
3. The actions of an immigrant threaten the national security of Ukraine, public order in Ukraine.
4. This is necessary for the protection of health, protection of the rights and legitimate interests of citizens of Ukraine.
5. The immigrant violated the legislation on the legal status of foreigners and stateless persons.
6. In other cases provided for by the laws of Ukraine.
The court found out that the issue of canceling the immigration permit was initiated due to a message from the Department of Strategic Investigations of the National Police of Ukraine, which was sent to the CMU VMI in the city of Kiev for consideration and adoption of an appropriate decision.
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