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Petryk Tetiana

Head of migration law practice, master of law, expert in the field of migration law.

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DIFFICULTIES ARISING FOR FOREIGNERS IN CONNECTION WITH DEPARTURE ABROAD UKRAINE DURING THE WAR IN UKRAINE

With the beginning of the full-scale invasion of Ukraine by the Russian aggressor, not only citizens of our state, but also foreigners who were temporarily or permanently on the territory of Ukraine and had the relevant documents were forced to leave the territory of Ukraine.

Due to the forced untimely and unplanned relocation to different countries of the world, foreigners have problems of various kinds.

Let’s analyze the most popular of them

Parents – foreigners, have a child born in Ukraine. Due to the beginning of the war, the parents did not have time to issue a certificate of registration of a person as a citizen of Ukraine, a foreign passport of Ukraine, or even a child’s birth certificate in accordance with the legislation of Ukraine.

What to do?

Parents or one of the parents must come to the territory of Ukraine and submit documents to obtain a birth certificate or certificate of registration of the child as a citizen of Ukraine (if one of the parents is a citizen of Ukraine – he submits the documents). In certain cases, you can issue, for example, a child’s birth certificate or pick up a ready-made child’s passport – by a notarized power of attorney issued by one of the child’s parents (in agreement with the other parent) in the host country.

Having the original birth certificate and a certificate of registration of citizens of Ukraine, it is no longer necessary to issue a Ukrainian passport for a child in Ukraine (if the child went abroad without this passport). This can be done at the Embassy of Ukraine in any host country, or one of the child’s parents.

Prior to the war in Ukraine, foreign citizens applied for a temporary residence permit in Ukraine (for the first time), extension of a temporary residence permit in Ukraine, exchange of a permanent residence permit in Ukraine, etc., but did not have time to leave Ukraine due to forced departure. get by hand. In many cases, the documents were submitted to the territorial division of the migration service, which is currently under temporary occupation by the enemy, or on the territory of which active hostilities are taking place, and therefore – the work of the migration service there is suspended.

How to get a document in this case, if the foreigner is actually abroad?

Unfortunately, no way. Obtaining biometric documents for foreign citizens – only in person. It is not that the migration service in Ukraine does not want to understand the situation of a foreigner, or they want to create unpleasant conditions for a person… The fact that the document is activated, it must be verified by fingerprint. It is impossible to transfer this right to another person when the submission of documents took place in person. Even under a notarized power of attorney legalized in accordance with applicable law.

But the lawyers of Prikhodko Law Firm and partners will help you to get the finished document quickly and as comfortably as possible, as well as take certain steps to confirm the exact location of the original document of a foreigner (in some regions of Ukraine where there are high risks of losing originals. with the war, documents were transported to other, safer areas, for their safety).

Profile specialists of Prikhodko Law Firm and partners know several options and ways to solve the problem.

If foreigners who remained on the territory of Ukraine after the start of the war could not, for various reasons, apply to the migration service in time to extend the validity of their documents, their stay will be frozen. If desired, from the beginning of May 2022, a person can obtain a new temporary or permanent certificate in Ukraine after the expiration of their validity, drawing up an administrative protocol and submitting documents to the migration service, respectively.

In fact, with the start of the war, foreigners have even more problems entering Ukraine due to the lack of direct flights; lack of the right to obtain visas to enter Ukraine (after all, for a short time no Embassy of Ukraine in different countries of the world issues visas due to the risk to life due to the active phase of the war in Ukraine), etc.

In any case, contact the specialized lawyers of Prikhodko Law Firm and partners to provide you with qualified assistance.

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