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Accompanying a person with II group disability abroad: who has the right and what documents are needed?

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Oleksandra Tarnovska
Oleksandra Tarnovska
Lawyer
Ukraine / Kyiv

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Publication date: 02.04.2024

Accompanying a person with II group disability abroad: who has the right and what documents are needed?

 In order to avoid misunderstandings when crossing the border, you need to know who exactly can accompany people with disabilities of the II group, and what documents are required for this in order to travel abroad with a person with disabilities - read the material below. During the period of martial law, the travel of conscripted men aged 18 to 60 years abroad is limited. Certain categories of persons have the right to cross the border. Currently, this right is granted to persons who have a spouse with a disability of the I, II, III groups or parents or parents of a spouse with a disability of the I and II groups. The following can accompany a person with a disability outside of Ukraine: • persons in a family relationship with a person with a disability (spouses, children can accompany parents or vice versa); • a legal entity or an individual who constantly cares for the disabled (with supporting documents); • a representative of the organization that carries out social work in the care of people with disabilities. Accompanying a person with II group disability: how to go abroad In accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 57 of January 27, 1995, citizens of Ukraine who constantly take care of persons with disabilities of the I and II groups, accompany persons with disabilities of the II group, children with disabilities of the II group have the right to cross the state border during martial law and people who need constant care. According to the rules, you can cross the border through the checkpoint only if you are accompanying a person with a disability. That is, the very fact of the presence of a person with a disability does not give a conscripted person the right to cross the border independently. It is possible to cross the checkpoint independently without a person with a disability only if such a person is already abroad. For this purpose, the employee of the border service must provide a certificate about the stay of a person with a disability on the consular register in another country. Please note: escorts must return to Ukraine no later than the person they accompanied. If a person with a disability returns from abroad on his own, this will be considered a violation. What documents will be needed to travel abroad with a person with a disability of the II group To cross the border, it is necessary to provide a complete package of documents, the list of which depends on who is the escort and who is being accompanied. Support of a disabled wife Her official husband can accompany a wife with a disability at the border if there are documents confirming the disability and family ties: • MSEK certificate on disability of the II group; • marriage certificate; • pension certificate. Accompanying one's own parents or the parents of the wife In order to cross the border when accompanying one's own parents or the parents of the spouse, the following documents must be present: • documents confirming family ties and cohabitation - an extract from the demographic register about registration at the same address, birth certificate, marriage certificate; • MSEK certificate on disability of the II group; • pension certificate; • a certificate from the LCC on the need for permanent third-party care for a person with a disability; • an act of establishing permanent third-party care for a person. Support of children with disabilities of the II group Children with disabilities may be accompanied by their mother or father, guardian, custodian, adoptive parents, foster parents when traveling outside of Ukraine. An adult brother, sister, grandmother, grandfather, stepmother, stepfather can also be accompanied, taking into account their belonging to the list of categories of persons exempted from military service and mobilization. This is possible if they have relevant supporting documents and documents confirming family ties. To travel outside of Ukraine, accompanying children with disabilities, the following are required: 1. Documents confirming family ties (if accompanied by a father or mother); 2. Documents confirming the relevant authority of a person accompanying a child with a disability — in the case of accompaniment by a guardian, guardian, foster parents, one or both adoptive parents). The above documents can be submitted both in original and in the form of a notarized copy. Persons may be refused border crossing if a complete package of documents has not been provided. Peculiarities of accompanying a person with II group disability abroad After the arrival of a person with a disability and an accompanying person at a place of temporary stay outside of Ukraine, it is necessary to apply within one working day to the consular office of Ukraine in the state of stay to register the person with a disability on the consular register. Within one working day, the consular institution is obliged, through the Ministry of Foreign Affairs, to inform the Ministry of Social Policy and the National Social Service about the admission of persons with disabilities who require constant care to the consular register.

To go abroad, you need to know the rules for going abroad and prepare the necessary documents for crossing the border, having received the advice of a lawyer.

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