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No right for mistake:
the rights of a foreigner have been protected

When providing legal assistance to the clients, the attorneys of our company are constantly confronted with biases by officials, which sometimes border on arbitrariness.

Particularly classic are the cases when the state, on the one hand, proclaims liberalization and easing of pressure, and on the other hand, the ways to implement such “mitigation” do not find adequate understanding in the minds of individual authorities and public officials.

Our client is a foreigner who has lived in Ukraine for more than 20 years, faced just such a situation in relations with the migration service.

He came to Ukraine in 1997 on legal grounds for studying at one of the Kharkiv universities.
After graduation, he married a Ukrainian girl and now they have a daughter in Ukraine.
He became a resident of Ukraine, received a permanent residence permit in Ukraine, and was documented by a permanent residence permit in Ukraine.
All this time, the client lived in Ukraine with his family, runs his bussiness, paid taxes and created jobs, did not commit any illegal acts.

This story could be considered quite ordinary, until the migration service broke in the situation: after the client submitted documents for Ukrainian citizenship, one of the territorial offices of the migration service started checking the “legality of obtaining a permanent residence permit” and documenting the client with permanent residence permits.

That is, the verification of the legality of the decisions of the internal affairs bodies made more than 17 years ago has begun.

At the same time, during the inspection, the officials did not even study the circumstances of obtaining such a permit and issuing certificates (marriage with the Ukrainian for more than 2 years, having a child who is a Ukrainian), and did not even call the client for explanations and to provide documents which would obviously confirm the legality of staying in Ukraine.

As a result of such an inspection, the order of the State Migration Service canceled all (!) permanent residence permits issued in the name of the client for almost 20 years of residence in Ukraine (!).

Due to this decision, the client was significantly limited in the ability to exercise even minor rights, in particular in buying bank services and receiving administrative services from public authorities.
Thereat, in case of such a decision, the client would have to leave the territory of the state, and, in turn, part from his own minor child.

Attorneys of Krolevetskyi & Partners Law Firm carefully analyzed the situation, collected a significant amount of evidence to prove the legality of the client’s residence in Ukraine, and based on the results of almost 2 years of litigation, the claim on declaring the actions of the migration service illegal and revoking the said decision was satisfied by the decision of the District Administrative Court of Kyiv of December 9, 2019.

By the decision of the Sixth Administrative Court of Appeal of April 13, 2020, this decision was left unchanged, and the appeals of the migration service were dismissed.

Thus, the client’s rights have been protected, he continues to live in Ukraine legally.

At the same time, we hope that such cases of arbitrary interpretation by the public authorities of the scope of their powers and unreasonable decisions that irreparably violate human rights will not happen in the future.


Attorney
Ivan Kucher
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