Publication date: 04.07.2024
Legal regulation of the rights of migrant families in Ukraine
Introduction
The rights of migrant families are an important aspect of the state migration policy aimed at ensuring decent living conditions for migrants and the exercise of their fundamental rights and freedoms. Ukraine, as a country that receives a significant number of migrants, is obliged to provide legal protection not only to migrants themselves, but also to their families. In this article, we will examine the main aspects of legal regulation of the rights of migrant families in Ukraine, including the legislative framework, rights of migrant family members, protection mechanisms and procedural features.
Legislative framework
TheConstitution of Ukraine: The fundamental law of the state that guarantees the rights and freedoms of all citizens, foreigners and stateless persons residing on the territory of Ukraine. Article 26 of the Constitution of Ukraine stipulates that foreigners and stateless persons who are legally in Ukraine enjoy the same rights and freedoms as Ukrainian citizens.
TheLaw of Ukraine "On the Legal Status of Foreigners and Stateless Persons": The main legal act regulating the legal status of foreigners and stateless persons in Ukraine, their rights and obligations, including the rights of migrant family members.
Family Code of Ukraine: Defines the legal status of families, the rights and obligations of family members, including foreigners and stateless persons residing in Ukraine.
Law of Ukraine "On Employment of the Population": Regulates the employment of foreigners and stateless persons in Ukraine, including employment opportunities for migrant family members.
Law of Ukraine "On Education": Defines the legal framework for access to education for foreigners and stateless persons, including children of migrants.
International treaties: Ukraine is a party to a number of international treaties that regulate the protection of the rights of migrants and their families, such as the UN Convention on the Rights of the Child, the Convention relating to the Status of Refugees and others.
Rights of migrant family members
Theright to family reunification: Family members of migrants have the right to be reunited with a migrant who is legally present in Ukraine. This right includes the possibility of obtaining a temporary or permanent residence permit for family members.
Theright to education: Children of migrants have the right to access education on equal terms with Ukrainian citizens. They can study in public and private educational institutions, receive scholarships and other forms of financial support.
Theright to medical care: Family members of migrants have the right to receive medical care on equal terms with Ukrainian citizens. They can apply to public and private medical institutions to receive the necessary medical services.
Right to employment: Family members of migrants have the right to work in Ukraine, subject to obtaining a work permit. This allows them to earn additional income and gain professional experience.
Right to social protection: Members of migrant families have the right to social protection, including the right to social assistance, pensions and other types of social security.
Right tohousing: Members of migrant families have the right to adequate living conditions, including the right to rent or purchase housing in Ukraine.
Mechanisms for protecting the rights of migrant families
Out-of-court mechanisms
а. Appealto the State Migration Service of Ukraine (SMS): Members of migrant families may file complaints and statements of violations of their rights with the SMS. The SMS conducts inspections, issues remedial orders and provides necessary assistance.
б. Applyingto NGOs: Family members of migrants may contact NGOs that provide legal assistance, social support and protection of migrants' rights. Such organisations can represent the interests of migrants in state bodies, courts and other institutions.
Judicial mechanisms
а. Filing alawsuit: Family members of migrants have the right to file a lawsuit to protect their rights. The statement of claim should contain information on the circumstances of the case, the grounds for appeal and the plaintiff's claims.
б. Courtproceedings: The court considers cases of violation of the rights of migrant family members with the participation of the parties, hears explanations, examines evidence, hears witnesses and experts. The court can decide on damages, compensation for non-pecuniary damage, etc.
Appeals to international organisations
а. European Court of Human Rights (ECHR): Family members of migrants have the right to apply to the ECHR in cases of violation of their rights guaranteed by the European Convention on Human Rights.
б. United Nations HighCommissioner for Refugees (UNHCR): Family members of migrants with refugee status or persons in need of complementary protection may apply to the UNHCR for assistance and protection.
Procedural aspects
Obtaining a residence permit
а. Submission of anapplication: Family members of migrants submit an application for a temporary or permanent residence permit to the territorial office of the SMS at their place of residence.
б. Verification of documents: The SBGS checks the completeness and correctness of the submitted documents, as well as the applicants' compliance with the requirements of the legislation.
в. Consideration of the application: The SBGS considers the application for a residence permit and makes a decision on granting or refusing the permit.
г. Obtaining a residence permit: In case of a positive decision, the SMS issues the applicant a residence permit of the established form.
Family reunification
а. Submitting anapplication for family reunification: A migrant legally staying in Ukraine submits an application for family reunification to the SMS, indicating the details of the family members and the grounds for reunification.
б. Verification of documents: The SBGS checks the completeness and correctness of the submitted documents, as well as the applicants' compliance with the legal requirements.
в. Consideration of the application: The SBGS considers the application for family reunification and makes a decision on granting or refusing a residence permit for family members.
г. Obtaining a residence permit: In case of a positive decision, the SMS issues a residence permit to the family members in the form of a standardised form.
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