Constant care for a relative as a basis for crossing the border

Providing constant care for relatives who need it due to their health is an integral part of ensuring their well-being.

Such a need arises in the elderly, in connection with serious illnesses, due to which the possibility of independent movement and self-care, solving household issues, as well as in persons with disabilities becomes difficult.

Very often there is a need for treatment and rehabilitation of such persons outside of Ukraine, but without outside help, it is almost impossible to realize this.

Specialists of our legal company have repeatedly received inquiries about whether men have the right to accompany persons for whom they provide permanent care abroad after the introduction of martial law in our country.

In this article, we will answer this question and consider the main nuances of the procedure.

First of all, there is currently the possibility of accompanying persons who need constant supervision outside of Ukraine for recovery — this issue is regulated by the resolution of the Cabinet of Ministers of Ukraine No. 1044 of September 10, 2022, which made certain changes to the Rules for crossing the state border by citizens of Ukraine.

This resolution provides for the following:

• Accompaniment of a spouse, husband with a disability, or parents from among persons with a disability of the I or II group. In this case, registration of permanent care through the social protection body is not required, but there must be an appropriate list of documents (certificate and other documents confirming the presence of disability, family ties between persons, evidence of a common place of residence and residence).
• Crossing the border accompanied by other relatives who provide care is possible if there is a special document confirming this — the Act of establishing the fact of providing care, or a certificate of payment of monetary compensation from the state for the care of a person.

To obtain the above-mentioned Act, you need to submit an application to the district office, district office in mm. In Kyiv and Sevastopol, the state administration, the executive body of the village, settlement, and city council.

After that, local executive bodies consider the application within five days; the next stage is the passing of the commission on the place of residence, as a result of which the Act of the establishment of the fact of providing care, drawn up in an arbitrary form, is issued.

When preparing for this procedure, it is necessary to start with an analysis of one's own documents:

• there must be documents certifying the identity of the caregiver and the relative who needs care;
• medical indications for registration of care for the person;
• confirmation of family ties and cohabitation.

Also, it is important to make a statement correctly with reference to the norms of the current legislation of Ukraine, which establishes your right to receive the corresponding document.

If the caregiver intends to issue payments, it is necessary to provide information on the incomes of all family members living together, as well as employment book data and information on being registered at the employment center.

Summarizing the above, the current legislation of Ukraine provides for the right to travel abroad, accompanying persons who need it due to their health. The procedure for drawing up relevant documents has many nuances, so it is important to seek help from a specialist in a timely manner.

Our lawyers and attorneys have experience in this matter and will be able to provide you with up-to-date information, as well as legal support in drawing up the necessary documentation.