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Publication date: 17.05.2024
Lawyer
Border crossing rules for men: rules for going abroad during war for family reasons. is it possible to go abroad now ?
Travel abroad for family reasons has special legal provisions, especially during wartime. Ukrainian men, especially between the ages of 18 and 60, face strict rules due to martial law - there is a temporary restriction on the right to travel outside of Ukraine. However, there are exceptions for those traveling for family reasons. This article describes the conditions and necessary documents for men who wish to go abroad for family reasons in 2024.
Legal basis for family travel - the rules for men going abroad during the war
According to Ukrainian legislation, certain provisions allow men to travel abroad if they accompany family members with disabilities or provide necessary care. These exceptions are described in detail in various regulatory and legal documents, in particular in the Resolution of the Cabinet of Ministers No. 57 and the corresponding amendments.
Appropriate family circumstances for travel, what documents are needed to cross the border ?
1. Accompanying a disabled spouse:
- Men who have a wife (or husband) with a disability and accompany them abroad.
- Necessary documents: notarized copies confirming family ties and spouse's disability.
2. Accompanying parents or relatives with disabilities:
- Men who have parents or parents-in-law with disabilities (I or II groups) and accompany them.
- Necessary documents: notarized copies confirming family ties, marriage, disability, cohabitation or care.
3. Persons who constantly take care of the disabled:
- Persons who provide permanent care for disabled persons of the I or II groups and accompany them.
- Required documents: certificates or confirmation of receipt of care allowance and documents confirming disability and care status.
4. Parents and guardians of disabled children:
- Parents, guardians, custodians accompanying a disabled child under the age of 18.
- Necessary documents: birth certificate, guardianship documents, disability certificates or individual rehabilitation program.
5. Parents who are dependent on an adult disabled child:
- an adult disabled child (group I or II) dependent on the parents.
- Necessary documents: the child's birth certificate and documents confirming the child's disability.
6. Relatives accompanying disabled children:
- Grandparents, adult brothers and sisters, stepmother, stepfather who accompany a child with a disability.
- Necessary documents: certificate of deregistration, supporting documents and notarized copies proving family ties.
7. Accompanying persons who need constant care:
- Persons who need constant care, accompanied by close relatives.
- Necessary documents: documents confirming family ties, the opinion of the medical and advisory commission about the need for care, certificates about guardianship status.
8. Guardians of incapacitated persons with disabilities:
- guardians of disabled persons recognized by the court as incapable, or adult family members in the absence of a guardian.
- Necessary documents: court decision on guardianship, documents confirming family ties and disability.
9. Institutionalized persons with disabilities:
- Disabled persons or persons in need of constant care, who live in care facilities, accompanied by authorized employees of the facility.
- Necessary documents: an order from the director of the institution and documents confirming the disability, with one accompanying person per 25 people in need of care.
Documentation requirements: border crossing documents
To facilitate travel abroad for family reasons, men must provide comprehensive documents to the State Border Service. The main documents include:
- Notarized copies: confirmation of family ties and disability status of the accompanying person.
- Caregiver Proof: Certificates or official documents confirming care benefits or allowances.
- Medical documentation: Conclusions of the medical advisory commission or other medical documentation confirming the need for care.
- Legal orders: for institutionalized persons, an order from the director of the care facility.
Conclusion
Traveling abroad for family reasons during martial law requires careful preparation and proper documentation. Ukrainian men who accompany family members with disabilities or those who provide the necessary care can claim exemption from travel restrictions. Ensuring that all required documents are notarized, up-to-date and accurately reflect family ties and care responsibilities are critical to a smooth border crossing process. Understanding and following these rules can help mitigate the challenges associated with the current legal and military environment.
