Citizenship of a Child as Grounds for Permanent Residency: Exploring Common Challenges Faced by Foreign Parents

In Ukraine, marrying a foreigner and starting a family has long been a common practice and continues to be popular today. Did you know that nearly one in every fifteen newborns in our country has one foreign parent? However, this situation also introduces new challenges. You might be elated at the arrival of your little one, but suddenly, you are confronted with numerous bureaucratic obstacles to obtaining your child's citizenship, the necessity of gathering dozens of documents, and endless waiting lines at government offices. It might seem overwhelming, but we're here to assist.

Our law firm has been dedicated for over 18 years to resolving the complex issues faced by non-residents, including securing citizenship for children of mixed marriages and processing permanent residency permits for foreign parents. Our experience and professional approach enable us to efficiently manage all aspects of this process, allowing our clients to concentrate on what matters most—raising your child rather than navigating red tape. In this article, we will share our expertise, which will be crucial for all families where one parent is a foreigner.

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Potential Challenges in Obtaining Citizenship for a Child with One Foreign Parent

1. Legality of the Foreign Parent’s Stay in Ukraine During the Application Process.

Typically, documents required for a child's citizenship must be submitted by one of the parents, either a Ukrainian citizen or a foreign national. If the parent submitting the documents is a foreigner, they must verify that their stay in Ukraine is legal, backed by a visa, a visa-free regime, or a residency permit. Crucially, if this foreign parent's authorized stay in Ukraine expires, they will be unable to submit the necessary documents to the immigration services for their child. Therefore, one of our initial steps is to conduct a detailed analysis of the client’s individual situation and provide tailored advice on which parent would be best suited to submit the documents.

2. Delays in the Process.

Government agencies often prolong the review process for documents, justifying the delays with the need for additional checks and the enforcement of martial law within the country. This situation is further exacerbated by frequent air raids and power outages, during which government offices cease operations. In one of our recent cases, we successfully leveraged these challenging conditions to our advantage. 

Our client, a British national, had a daughter with a Ukrainian woman. Their primary objective was to secure a passport for the child to facilitate international travel. However, before this could be achieved, it was necessary to go through the procedure of confirming the child's citizenship. Normally, this document review process takes about 3 months. However, we expedited the review for our clients by preparing and submitting a thoroughly reasoned appeal. The result was satisfactory for everyone involved: a decision was made in less than a month to issue a certificate officially registering the child as a Ukrainian citizen.

3. Lack of Foreign Language Proficiency Among Government Officials.

Practice indicates that, regrettably, 90% of government employees in Ukraine do not speak English. Consequently, when a foreign national submits documents, there is a significant risk of miscommunication or complete misunderstanding of their requirements. In these situations, we strongly recommend the presence of a translator or, ideally, an English-speaking lawyer. This individual could be an acquaintance or you could seek assistance from qualified professionals at our law firm who are experienced in handling such issues.

Father of a Ukrainian Citizen: How to Obtain Permanent Residency Based on This Relationship?

A certificate that registers a child as a Ukrainian citizen acts as a vital document for a foreign parent seeking permanent residency in Ukraine. If a foreigner is the parent of a Ukrainian citizen, they are eligible to apply for an immigration permit, which can lead to obtaining a permanent residency permit in Ukraine. This permit does not expire but needs to be renewed every 10 years. 

Clients often wonder whether an official marriage between the Ukrainian citizen and the foreign parent, whose child was born, is necessary for obtaining permanent residency. It is important to note that an official marriage, whether registered in Ukraine or abroad, is not a prerequisite for a foreign parent to obtain permanent residency in Ukraine under these circumstances. The decision to marry remains with the child’s parents.

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Successful Case: Obtaining Citizenship for a Child of a Foreign Father

Our firm has successfully assisted numerous clients in resolving their legal issues, as evidenced by many successful cases. Here's one example. A citizen from Kazakhstan sought to obtain permanent residency in Ukraine because he fathered a child with a Ukrainian woman. At the time, both the mother and the child were abroad, which meant he had a crucial task: to submit the necessary documents to the Ukrainian migration service to confirm his child’s citizenship. 

Although our client was fluent in the language, he encountered a significant obstacle. He did not have a residency permit in Ukraine, nor a registered address, which is required for the application. Consequently, he approached the local migration service where he was staying. However, they refused his application because he lacked a registered residence, and therefore, he was not under their jurisdiction. This is when our firm's lawyers intervened. 

We explained to the migration service staff that the law specifies a “place of residence,” which does not necessarily need to be registered. Eventually, they conceded to our interpretation and accepted our client’s documents. Subsequently, after receiving the certificate confirming his child’s Ukrainian citizenship, with our guidance, he successfully executed his primary plan of obtaining a permanent residency permit in Ukraine.

Legal Services for Foreigners in Ukraine: From Consultation to Residence Registration

Understanding the importance of security and certainty for your family's future, we provide expert assistance if you find yourself in a complex situation or need help with immigration law for other reasons. Our team of seasoned professionals is prepared to help you overcome bureaucratic barriers and ensure a swift, successful outcome. We offer a complete spectrum of legal services for foreigners in Ukraine, including: 

• Residence Permit Consultations: We deliver exhaustive information on the necessary steps required.
• Full Process Support: We assist in identifying the most effective strategies and in avoiding potential pitfalls.
• Document Analysis: We conduct a detailed examination of your documents to ensure you are fully prepared for the immigration process.
• Timely Updates: We maintain constant communication, keeping you informed about every step of your application process and the status of your permit.
• Assistance with Official Fees: We provide professional support in handling all required payments.
• Residence Registration: We facilitate the registration of residence for foreigners throughout Ukraine and offer additional services.

Thanks to our personalized approach for each client, we ensure that you will receive the best possible support throughout the entire process. Moreover, with a dedicated English-speaking client manager, we guarantee the utmost convenience and comfort in our collaboration.

Contact us for assistance, and we will make every effort to resolve your legal matters swiftly and with assured results. Trust our professionals and focus on what matters most—your family!

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