CITIZENSHIP OF UKRAINE FOR THE CHILD IF THE PARENTS ARE ILLEGAL

The issue of confirming a child's citizenship of Ukraine is quite problematic today, especially during the war situation in the country. Many citizens of other countries who came to Ukraine to get an education, get a job, or in search of love, faced a number of questions regarding their legal stay on the territory of Ukraine. Some of them gave birth to babies even before the war or after it began, and due to wartime conditions, they were unable to issue documents for their children, and there were also problems with the legality of their own documents.

It is this part of foreign citizens that will be discussed in this article.

To begin with, it is important to clarify the actual status of a foreign citizen in an illegal status. These persons include foreigners who crossed the border of Ukraine outside the checkpoints or violated the regime of such a border crossing.

Such foreigners are followed by those who have already crossed the border of Ukraine, but already legally, but during their legal stay in Ukraine lost the validity of their documents without renewal or re-acquisition. In such cases, a foreign person acquires an illegal status. Its negative consequences for the child's parents include the impossibility of issuing a child's birth certificate and confirming citizenship.

Often, further actions become impossible for foreigners, they hope for any successful resolution of issues related to documents in Ukraine. But still there is a way out.

• The first way to solve this issue is the departure of one of the foreign parents in accordance with the migration legislation of Ukraine. Why the departure of one of the parents? Because at this moment their child will not have a birth certificate and a foreign passport of Ukraine, which gives the child the right to cross the border together with his parents. When crossing the border of Ukraine back, a foreigner arrives already in legal status. Therefore, being here as a foreigner with a legal status of stay, he will have the right to issue a birth certificate for the child, and then a document confirming the child's citizenship.
• The second way to solve this problem is to establish the legality of the parents by extending the period of their stay on the territory of Ukraine for a period in accordance with the current legislation of Ukraine. Thus, both parents have the right to simultaneously submit documents to the State Migration Service of Ukraine with a request for a legal extension of their stay. After a positive decision of the migration service in favor of foreign parents, their foreign passports will be stamped with the postponement of their stay in Ukraine. So, according to the stamps, parents can apply for documents for their child already in legal status.

Of course, during all the painstaking work with documents, foreign guests often have a large number of incomprehensible moments regarding the complexity of collecting, processing and filling out papers. In order to avoid mistakes and not to waste time, we advise you to trust our migration lawyers, who will always gladly and in the shortest possible time help you with any questions.