Permanent Residence for the Father of a Ukrainian Citizen: When the Child’s Passport Is Needed
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In immigration matters, the main problem sometimes lies somewhere entirely different from where the applicant expects it. A foreigner may have a lawful basis for immigration, have collected their own documents, and be ready to apply to the State Migration Service, yet the procedure still cannot begin because a relative does not have properly completed documents.
This is exactly what happened in the case of our Client from the Netherlands. He intended to obtain permanent residence in Ukraine as the father of a Ukrainian citizen. At first glance, the legal basis was clear and sufficient to begin the procedure. However, after reviewing the documents, it became apparent that the first issue to resolve concerned not the father’s documents, but his daughter’s documentation.
In practice, the Client’s immigration case depended on whether the status of the person through whom he derived his right to reside in Ukraine could be properly documented.
What Was the Client’s Legal Basis for Immigration?
The Client contacted us to determine whether he could obtain a permanent residence permit in Ukraine. His daughter was born in Ukraine and is a Ukrainian citizen. This circumstance allowed her father to consider applying for an immigration permit outside the quota.
The problem, therefore, was not the absence of a legal basis. The Client had one. The issue arose at the next level—whether, at the time of application, this basis could be documented in a way the State Migration Service could verify.
When a foreigner’s right to immigration arises from a family relationship, it is necessary to confirm not one fact but several interconnected circumstances. In our Client’s case, it was necessary to show:
- that he is the girl’s father;
- that his daughter is a Ukrainian citizen.
The first point was confirmed by the birth certificate, which established the family relationship between the applicant and his daughter. The second point, however, presented a problem.
By the time the Client contacted us, his daughter was already 16 years old, but she had not yet been issued a Ukrainian passport. As a result, the father’s application package could not be considered ready for submission.
In other words, proof of paternity alone was not enough. For this particular immigration basis, it was important that the daughter was a citizen of Ukraine, so this status also had to be properly documented.
For this reason, we did not recommend submitting the Client’s application immediately.
Worth reading: Immigration Permit in Ukraine for Foreigners.
Why the Father’s Case Began with His Daughter’s Passport
During the consultation, we identified the first prerequisite without which the rest of the procedure could not move forward.
Under Part 2 of Article 21 of the Law of Ukraine “On the Unified State Demographic Register and Documents Confirming Citizenship of Ukraine, Certifying Identity or Special Status”, a Ukrainian citizen must obtain a passport upon reaching the age of 14.
The Client’s daughter was already 16 at that time. Therefore, before preparing the father’s documents, she first needed to obtain a Ukrainian passport. This was not merely an additional formality, but a necessary part of the entire immigration process. Her documents had to confirm the circumstance on which her father’s right to immigration was based.
Once the passport was issued, the issue of confirming her status could be considered resolved, and the Client could proceed with his own immigration procedure.
Practical point: when preparing for immigration, it is important to review not only the foreigner’s documents. If the right arises through a relative, that person’s documents also become legally significant. In some cases, they determine whether an application can already be submitted to the State Migration Service or whether other steps must be completed first.
What Procedure Did We Recommend to the Client?
Instead of immediately collecting documents for permanent residence, we divided the procedure into several consecutive stages. The sequence was as follows:
- First, obtain a Ukrainian passport for the daughter.
- Then prepare the father’s documents for an immigration permit.
- Submit the application to the competent authority and complete the immigration permit procedure.
- After a positive decision, proceed with obtaining a permanent residence permit.
This sequence avoided wasting time on a premature application and prevented the preparation of a package that was still missing one of the key supporting documents.
In this case, preparation for permanent residence effectively began by closing a documentary gap in the family chain. Only after that could the Client proceed with his own immigration documents.
What Documents Were Required for the Immigration Case?
After establishing the correct sequence, we separately analyzed the documents that would need to be prepared for the father’s application. The objective was not simply to collect a formal set of papers, but to confirm all the circumstances giving rise to his right to immigration.
In our Client’s case, the package was to include:
- a Dutch passport;
- a notarized Ukrainian translation of the passport;
- proof of residence in the Netherlands;
- a document concerning residence in Ukraine—in this case, the property owner’s written consent;
- the Ukrainian passport issued to the daughter;
- information on family composition;
- three photographs measuring 3.5 × 4.5 cm;
- proof of payment of the administrative fee.
This list was prepared specifically for the Client’s circumstances. In another case, the required documents may differ depending on the legal basis, the applicant’s citizenship, the documents of their relatives, and other factors.
Important! Document preparation should begin not with searching for a universal checklist online, but with determining what right the applicant has and exactly how that right can be confirmed in the applicant’s particular circumstances.
Documents issued abroad require separate attention. Before they are used in Ukraine, it is necessary to determine whether they require translation, notarization, an apostille, or consular legalization.
The procedure depends on the country in which the document was issued and on the international treaties applicable between the relevant states.
Worth reading: Apostille or Consular Legalization: Which One Is Required for Documents?
What the Daughter Needed for Her First Passport
Because obtaining the daughter’s passport became the first stage of the entire case, we separately identified the documents she would need. For her first passport after reaching the age of 14, her situation required, among other things:
- a birth certificate;
- a certificate confirming registration as a citizen of Ukraine;
- a document confirming registration of her place of residence;
- other documents that may be required to establish her identity and confirm her details, including her taxpayer registration number (RNOKPP).
Once the passport was issued, the main documentary obstacle that had led us to advise against immediately starting the father’s immigration procedure would be removed.
The next step would then be to prepare his application and document package for the immigration permit.
What the Client Gained from the Consultation
Before contacting us, the Client knew the legal basis on which he wanted to remain in Ukraine, but did not have a complete picture of where the process actually had to begin. After consulting our immigration lawyer, he understood why it was too early to apply to the State Migration Service with his own documents, which issue had to be resolved first, and which documents would be required at the following stages.
In other words, the Client received a clear roadmap and could proceed with obtaining his daughter’s passport without simultaneously starting a procedure that was not yet ready for submission.
Once this issue is resolved, we can continue supporting the case: prepare the immigration permit package, arrange submission of the documents to the State Migration Service, and subsequently assist with obtaining a permanent residence permit.
Legal Support for Permanent Residence Through Family Ties
A family-based immigration ground may seem straightforward, but in practice it is important to verify that it is supported by the proper set of documents. For example, an applicant may be the parent of a Ukrainian citizen, be married to a Ukrainian citizen, or have another family relationship recognized by law. If the relevant family member’s documents are incomplete, however, this can affect the entire procedure.
This is why, before applying to the migration authorities, it is advisable to review not only the foreigner’s documents but the entire body of evidence on which the right to immigration is based. Our immigration lawyers can:
- determine whether your circumstances entitle you to an immigration permit;
- verify which documents confirm the relevant legal basis;
- analyze the applicant’s own documents and those of their relatives;
- prepare an individualized list of required documents;
- identify issues that must be resolved before the application is submitted;
- verify how documents issued abroad must be prepared for use in Ukraine;
- arrange translation and notarization;
- prepare the document package for submission to the State Migration Service of Ukraine;
- support the immigration permit procedure;
- assist with obtaining a permanent residence permit after the relevant immigration permit has been granted.
Planning to apply for an immigration permit and permanent residence in Ukraine through a family relationship? Contact the immigration lawyers at Pravova Dopomoga. We will review your circumstances, determine the correct sequence of steps, and help prepare the documents for submission to the State Migration Service.
Learn more about our legal support for the procedure: Obtaining a Permanent Residence Permit in Ukraine.
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