Immigration Permit and Residence Permit for a Father of a Child Who Is a Citizen of Ukraine

One of the most common questions foreigners face is how to stay in Ukraine legally for an extended period, especially when they already have a family. Ukrainian law states that the birth of a child with Ukrainian citizenship to a foreign parent is grounds for obtaining an immigration permit and permanent residency.

In this article, we’ll look at a real-life case handled by our immigration lawyer: assisting a U.S. citizen living with his common-law Ukrainian partner, who is raising a son with Ukrainian citizenship.

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Case: A U.S. Citizen’s Path to Legal Residency in Ukraine

A U.S. citizen reached out to us for assistance. He had visited Ukraine several times and spent extended periods in the country. He was living with his common-law wife, a Ukrainian citizen, and together they were raising their newborn son. Although the family had traveled abroad, they ultimately decided to settle in Ukraine. However, a problem arose: the man had limited grounds for legal stay in the country. Before contacting us, he had been staying in Ukraine under a visa-free regime and did not hold either a temporary or permanent residence permit.

The challenge in this case stemmed from the fact that foreign nationals without a residence permit can only stay in Ukraine for the period allowed by their visa, or in the case of visa-free entry, for just 90 days within any 180-day period. This restriction caused serious inconvenience for our client: he had to leave Ukraine every three months, which disrupted family life, interfered with his business plans, and led to additional financial burdens due to travel and accommodation costs abroad.

Another complication was that a common-law marriage does not grant the right to obtain either temporary or permanent residency. This meant that the client couldn’t legalize his stay in Ukraine based on his relationship with his partner.

Immigration Through a Ukrainian-Citizen Child: Legal Solution from Our Team

Our immigration lawyers reviewed the case and offered the most practical and lawful path forward: applying for permanent residency on the grounds that the client is the biological father of a child who holds Ukrainian citizenship.

According to Article 4 of the Law of Ukraine “On Immigration”, a foreign national is eligible for an immigration permit if they are the parent of a Ukrainian citizen. This legal basis removes previous restrictions and offers the family much-needed stability and peace of mind.

To implement this solution, several key steps needed to be completed.

Confirmation of the Child’s Ukrainian Citizenship

We assisted the client in gathering all the required documents and submitting an application to the State Migration Service in order to obtain an official certificate confirming that the child is a citizen of Ukraine.

Please note: You can find more information about the grounds for acquiring citizenship by birth on the official website of the State Migration Service of Ukraine.

Preparing the Immigration Application Package

Once the citizenship certificate was obtained, we compiled a complete set of documents to submit to the State Migration Service in order to apply for an immigration permit. The package included:

• the foreign national’s passport and its certified translation into Ukrainian;
• the child’s birth certificate;
• the official certificate confirming the child’s Ukrainian citizenship;
• proof of the foreign national’s place of residence in Ukraine and abroad;
• receipts for administrative service fees.

Submitting the Application and Client Support

We arranged the submission of the documents and application, and provided full legal support throughout every stage of communication with the State Migration Service, until the immigration permit was granted.

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What Did the Foreigner Gain After Receiving Permanent Residency?

Once our client submitted the application and received the immigration permit, he became legally eligible to obtain permanent residency in Ukraine. In practical terms, this provided him with several important benefits:

1. The ability to stay in Ukraine legally without having to leave every 90 days;
2. The right to live with his family and take an active role in raising his child, free from migration-related stress;
3. The freedom to plan for the future and pursue business opportunities without risking violations of immigration laws;
4. The option to register a business in his own name and work without needing a separate work permit.

This case is a clear example that even in complex situations, there are legal pathways to obtain residency in Ukraine. The key is knowing the right legal grounds, having practical experience, and preparing and submitting all required documents in a timely manner.

If you’re in a similar situation and want to stay in Ukraine legally, don’t hesitate to contact our migration lawyers. We’ll find a solution tailored to your case.