This question has always been quite relevant, but in the context of quarantine restrictions in 2020, it has gained particular popularity.
The child was born on Ukrainian territory, both of his parents are citizens of another state and have an illegal status in Ukraine.
To begin with, let’s find out what constitutes the illegal status of a foreign citizen on the territory of Ukraine. According to paragraph 14 of Article 1 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons”, an illegal migrant is a foreign citizen who crossed the Ukrainian border in addition to checkpoints, violated the border crossing regime, as well as a foreign citizen who, having legitimate reasons for arrival on the territory of Ukraine, but while being on the territory of Ukraine lost the “foundation” for further stay on its territory or avoided leaving Ukraine. Having this status, the child’s parents will not be able to issue even a birth certificate for the child, not to mention the procedure for confirming the child’s citizenship.
What should such parents do? How to get a certificate of citizenship of a child in order to receive a foreign passport of Ukraine in the future, be able to freely cross the border with the child and not violate migration laws?
There are two options to deal with this situation
- The first option: one of the parents leaves Ukraine in accordance with the migration legislation, returns back. Being in a legal status (on a visa, for countries with a visa entry to Ukraine, or, within 90 days, or 180 days (for citizens of the Republic of Belarus), draws up, first, a birth certificate of the child, and after – a certificate confirming the citizenship of Ukraine. At the same time, both parents cannot travel abroad, since at that time the child does not yet have a birth certificate and a foreign passport of Ukraine, which is necessary for crossing the border, and leaving one minor or minor child alone on the territory of Ukraine at a certain angle can to be regarded as an act of the worst failure to fulfill parental responsibilities, entails very bad consequences.
- The second option: according to the Procedure for the extension of the period of stay and the extension or reduction of the period of temporary stay of foreigners or stateless persons on the territory of Ukraine, approved by the Resolution of the Cabinet of Ministers of February 15, 2012 № 150 (hereinafter referred to as the Procedure) – both parents have the right to file documents to the migration service at the place of their residence on the issue of extending their legal period of stay on the territory of Ukraine. According to the Procedure, if a foreigner, having a good reason, does not have time to issue a temporary or permanent residence permit (and a child born in Ukraine, whose citizenship will be confirmed, is the basis for applying for a permanent residence permit) has the right to extend the period of stay .
After the decision is made by the Department of the Migration Service of Ukraine regarding the extension of the period of stay for a foreigner, a stamp with the date of extension is affixed to his foreign passport. On the basis of this stamp, parents draw up a certificate confirming the citizenship of Ukraine.
If you do not read the laws, then in practice the term for issuing a certificate confirming the citizenship of Ukraine takes an average of 2-3 months.
On the way to obtaining an extension of the period of stay, a certificate confirming the citizenship of Ukraine, a permanent residence permit, respectively, 100% people will encounter incomprehensible moments with documents, the complexity of their execution, the difficult procedure for submitting and obtaining the final result in the migration service.
In order to avoid these unpleasant moments, specialized lawyers of migration law will always come to your aid.