ACCOMPANIMENT ACROSS THE BORDER OF PARENTS WITHOUT DISABILITIES - LEGAL SUPPORT
Persons in need of constant care include not only people with disabilities, but also elderly citizens, terminally ill people who cannot move or care for themselves due to impaired body functions, as well as those who requires long-term treatment.
Such persons have the right to travel abroad during martial law accompanied by a family member of the first degree of kinship (parents, spouse, children, including adopted children), or accompanied by a person who provides permanent care.
How to cross the border accompanying people who need constant care, and what documents are needed for this? We will explain the main nuances.
Peculiarities of crossing the border when accompanying persons who need constant care
In order to leave accompanied by a family member of the first degree of consanguinity, it is necessary to provide documents confirming family ties, as well as a conclusion of the medical and advisory commission of a medical institution on the need for permanent external care.
Documents that confirm family ties include:
- birth certificate
- marriage certificate, etc.
Documents required to cross the border, accompanying persons in need of constant care
A passport of a citizen of Ukraine is required for traveling abroad both for a man and for a person with a disability.
A birth certificate must also be provided to prove family ties, if the husband is accompanying one of his parents, or a marriage certificate if he is accompanying his wife or his wife's parents.
One of the documents confirming the presence of group I or II disability can be:
- retirement certificate with information about the group and cause of disability;
- certificate for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance;
- certificate confirming the appointment of social assistance for disability.
It is also necessary to provide documents that confirm the fact of cohabitation or providing care:
- deed of actual residence certifying the joint residence of the husband and the person he accompanies;
- an act of establishing the fact of providing care, which confirms that the man provides care;
- certificate or certificate of receipt of compensation for care.
Reasons and procedure for crossing the state border by a man in the context of accompanying a person with a disability
According to Part 2 of Art. 3 of the Law of Ukraine "On the procedure for departure from Ukraine and entry into Ukraine of citizens of Ukraine", the Cabinet of Ministers of Ukraine establishes rules for crossing the state border for Ukrainians. These rules, approved by Cabinet of Ministers Resolution No. 57 of January 27, 1995, contain special rules in the event of a state of emergency or martial law.
In particular, according to clauses 2-6 of the rules, conscripts who are not subject to conscription during mobilization have the right to cross the border, including persons who accompany relatives with disabilities.
The Law of Ukraine "On Mobilization Training and Mobilization" specifies that conscripts who have a wife (husband) or parents with disabilities who have no other able-bodied persons to support are not subject to conscription. According to para. 4 clause 2-1 of the rules, persons who have parents with disabilities of group I or II may travel outside of Ukraine, accompanying them.
In order to change the border, it is necessary to provide documents confirming family ties and disability, as well as proof of cohabitation or parental care.
Questions
Can children accompany their parents abroad if they do not have a disability?
Answer
Yes, children can accompany their parents abroad without restrictions, if they have the appropriate documents for departure.
Questions
What are the conditions for crossing the border for parents?
Answer
Parents can cross the border without restrictions in the usual way, complying with the requirements of the Border Service regarding documents and procedures.
Questions
Do you need to get additional permits for parents to leave?
Answer
Additional permits are not required if you are traveling with children. However, in case of departure of only one parent, notarized consent of the second parent may be required.
The importance of a lawyer's participation when crossing the border with a person who needs constant care
The participation of a lawyer when accompanying parents without disabilities abroad is important, as it provides legal support, advises on the necessary documents and procedures, and also helps to avoid conflict situations when crossing the border. The lawyer protects the rights of parents, informs about changes in legislation, provides safety recommendations, organizes departure and represents the interests of clients in various instances. In addition, the involvement of a lawyer guarantees the confidentiality of personal data, which is an important aspect in the departure process. Thus, the professional assistance of a lawyer makes it possible to simplify the departure process and reduce the risks of legal difficulties.
Cooperation with legal marketplace "Consultant"
Our lawyers are ready to provide qualified assistance in resolving your issues and protect your rights. Contact us for a consultation, and we will find the optimal solution for your situation. Legal marketplace "Consultant" provides high-quality services and an individual approach to each client.
How to get the services of a lawyer in Kyiv
- Telephone consultation: Call us at +380637375800 - our specialists are ready to answer all your questions.
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Escorting abroad of people who need constant care is an important aspect, because such people include not only people with disabilities, but also elderly people, terminally ill people who cannot move or take care of themselves. During martial law, they have the right to travel abroad accompanied by their next of kin or a person who provides permanent care, provided they have relevant documents confirming family ties, as well as a medical advisory commission's opinion on the need for such care. In particular, it is necessary to provide a passport of a citizen of Ukraine, a birth or marriage certificate, documents confirming disability, and confirmation of cohabitation or providing care. A lawyer can provide legal support, help with the preparation of documents and avoid conflicts when crossing the border, which makes his participation especially important. Cooperation with the legal marketplace "Consultant" allows you to receive qualified assistance and protect your rights.
