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05 Aug. 2024

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Accompanying persons with disabilities abroad: who is eligible and what documents are required in 2024

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Accompanying persons with disabilities abroad: who is eligible and what documents are required in 2024

Starting from July 17, border crossing for all citizens liable for military service is impossible without presenting a military registration document with an up-to-date VIN code and a corresponding record of deferment. Find out how to cross the border with the assistance of disabled persons after the new law on mobilization comes into force.

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Legal assistance on migration issues for Ukrainians in Ukraine and abroad
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According to the "Rules for Crossing the State Border", disabled persons of groups I, II and III, as well as persons accompanying them, have the right to leave Ukraine during martial law. However, certain restrictions apply to men liable for military service. We will tell you how to travel abroad to accompany disabled people after the new mobilization law came into force and what has changed since August 1.


Who can accompany a disabled person when crossing the border after July 17, 2024?


As before, an accompanying person may be a member of the family of the first degree of kinship (husband/wife, children (natural and adopted), parents), as well as a person providing permanent care. These can be husbands who have a wife with a disability of group I and II, or parents or parents of a wife with a disability of group I and II.


The following categories of persons liable for military service may accompany persons with disabilities when crossing the border


1. persons who are related to a person with a disability (husband/wife, children, parents);

2. legal entities or individuals who provide permanent care for a person with a disability and have supporting documents;

3. Representatives of social organizations that provide care for a person with a disability.


In the previous article, we described which categories of men can freely leave Ukraine and what documents they need to have.


Peculiarities of accompanying persons with disabilities abroad


According to the Resolution of the Cabinet of Ministers of Ukraine No. 57 of January 27, 1995, during martial law, those citizens of Ukraine who constantly care for persons with disabilities of groups I and II, accompany persons with disabilities of group II, children with disabilities of group II and persons in need of constant care have the right to cross the state border.

The border can be crossed only with the physical presence of a person with a disability; the mere fact of having and caring for a person with a disability does not give persons liable for military service the right to cross the border on their own. The only possible option is when a person with a disability is already abroad. In this case, the person must provide a certificate confirming that he or she is registered with the consulate in another country.


The accompanying person cannot return to the territory of Ukraine before the person with a disability whom he or she accompanies. This will be considered a gross violation. 


Upon arrival in the country of destination, within 1 working day, you must contact the consular office of Ukraine in the country of temporary residence and obtain a certificate of registration of a person with a disability. After that, the Ministry of Social Policy and the National Social Service will be informed through the Ministry of Foreign Affairs about the registration of persons with disabilities who need constant care.


Read all about temporary consular registration abroad: why it is needed and how to apply for it here


Please note! Green Card insurance policy is required to leave Ukraine by car. Without insurance, the driver may not be allowed to travel abroad, and in the country of residence, the vehicle may even be seized and deported with a subsequent ban on entry. In addition, a fine for the absence of/overdue insurance will cost the driver several dozen times more than the annual Green Card policy. You can apply for a Green Card quickly and easily on our website.


Accompanying a spouse with a disability abroad


According to the amendments that came into force on August 1, it is possible to obtain a deferral from mobilization due to a spouse's disability if the spouse has a disability group I or II. At the same time, it is no longer legal to accompany a wife with a disability group III abroad. Thus, an official husband can accompany his wife with disabilities of groups I and II when crossing the border. To do so, the following supporting documents must be provided:


1. A military registration document with the VIN-code attached;

2. Certificate of deferment (valid if you have a military ID) with a record of the reason for the deferment;

3. A certificate from the Medical and Social Expert Commission (MSEC) confirming the presence of a disability of group I or II;

4. Marriage certificate;

5. Pension certificate of the disabled spouse


It should be noted that in case of accompanying a disabled spouse of group I or II, border guards may ask to see the pension (disability) of the wife or the compensation from the state for care for the husband in mobile banking (application).




Do you have additional questions? Contact the Visit Ukraine hotline (Telegram | WhatsApp).




Accompanying parents with disabilities abroad


Also, men liable for military service have the right to accompany their own parents or the parents of their spouses with disabilities abroad. Certain changes will also apply to this category of caregivers as of August 1, 2024. Thus, in order to cross the border in this case, the following package of documents must be provided:


1. A military registration document with a pasted VIN code;

2. Certificate of deferral (valid if you have a military ID) with a record of the reason for the deferral;

3. Foreign passport;

4. Confirmation of family ties and cohabitation (extract from the demographic register of registration at the same address, birth certificate, marriage certificate);

5. Certificate from the medical and social expert commission (MSEC) on the presence of disability of group I or II;

6. Pension certificate;

7. A certificate from the medical advisory commission on the need for constant third-party care;

8. Act of establishing permanent third-party care / act of the appendix 8.


Act on establishing the fact of care, Annex 8: what is it and how to get it? 


Starting from May 17, in order to defer the draft for caring for disabled parents, the CMCs require a new form of care certificate, established by the CMU Resolution No. 560 of 16.05.2024 as an act of Annex 8 on establishing the fact of care (permanent care), which proves not only the fact of caring for a disabled person, but also the absence of other persons who could legally care for the disabled person. 


In particular, the procedure for granting conscripts and reservists a deferral from military service during mobilization is now clearly established by this resolution, including the deferral for care of disabled persons, without which certain problems may arise at the border starting from July 17. At the same time, the procedure for drawing up an Act on establishing the fact that a person provides care (permanent care) may differ in different communities and different TCCs. However, in most cases, it is mandatory to apply to the RTCC and the JV or its department at the place of military registration with an application and the relevant package of documents to consider the issue of deferral. Then, the RTC provides the applicant with a special information certificate, with which the applicant applies to the Department of Labor and Social Protection of the Population (DLSPP) to obtain an act of Annex 8. 




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Accompanying children with disabilities abroad


Mothers and fathers, guardians, custodians, foster parents, and foster parents have the right to accompany children with disabilities when crossing the border of Ukraine. Accompaniment may also be provided by an adult brother and sister, grandparent, stepmother or stepfather, taking into account their belonging to the list of categories of persons exempt from military service and mobilization. For this purpose, it is necessary to provide the relevant supporting documents and documents to confirm family ties.


To cross the border as an accompanying person for a child with a disability, the following documents are required:


1. A military registration document with a pasted-in VIN number;

2. Certificate of deferment (valid if you have a military ID) with a record of the reason for the deferment;

3. A document confirming family ties;

4. Documents confirming the relevant powers of the person accompanying the child with a disability (for guardians, custodians, foster parents).

Both original documents and notarized copies are acceptable.


Learn more about the current rules for male students traveling abroad.


What documents are required to accompany a relative with a disability abroad?


In order for a man liable for military service to accompany a relative abroad, he must have:

1. A military registration document with a pasted-in VIN code;

2. A certificate of deferment (valid with a military ID) with a record of the reason for the deferment;

3. Foreign passports (your own and of persons with disabilities);

4. A document confirming family ties (marriage certificate, birth certificate of a child, extract from the demographic register of registration at the same address, etc;)

5. Documents confirming the disability of the relative who needs support. 

- disability certificate indicating the disability group;

- a pension certificate indicating the disability group;

- a certificate confirming the appointment of social assistance in accordance with the laws of Ukraine, which indicates the group and causes of disability;

- a certificate for receiving benefits by persons with disabilities who are not entitled to a pension or social assistance. Such a certificate can be obtained from the DLSP at the place of residence of a person with a disability;

- a certificate of receipt of state child benefits. It must be issued by a structural unit for social protection. It does not matter who is the recipient of the benefit;

- a certificate from the Medical Care Committee on the need for permanent third-party care for a person with a disability;

- an act of establishing permanent third-party care for the person.

If a sick person who is traveling abroad for treatment needs support, then an additional document must be provided - a medical certificate issued by a medical advisory commission in the form and manner prescribed by the Ministry of Health (conclusion of the medical advisory commission).


Visit Ukraine's lawyers emphasize that the basic rules and grounds for crossing the border by certain categories of men liable for military service have been changed, while the basic government decree No. 57 remains unchanged by the new norms of the mobilization law. In order not to get confused in the new rules and to travel abroad without any obstacles, you can order a consultation or full legal support on leaving Ukraine during martial law. Our migration specialists will help you collect the necessary documents and appeal against the decision to refuse to leave Ukraine.


We remind you! A man who is raising one or more minor children on his own has the right to leave Ukraine during martial law, but only if his status is confirmed by the relevant documents. Read more about the rules in force in 2024 and what is required to cross the border.


Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.






Ihor Usyk is the Head of Legal Department at Visit Ukraine


To get comprehensive information on the current rules for crossing the state border, use the legal support on our service. Our lawyers will answer all your questions and help you solve your urgent issues.



Our recommendation for a safe and comfortable trip: 


Visit Ukraine Insurance - insurance for a safe stay abroad without unnecessary expenses;

Green Card - compulsory car insurance for traveling abroad;

Visit Ukraine Tickets - book tickets for buses, trains, and airplanes to/from Ukraine and between cities around the world;

Private Lawyer service - professional legal support on visa and migration issues;

Visit Ukraine Merch - buy patriotic clothing and accessories with worldwide delivery.




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Frequantly

asked questions

What to do if you are not allowed to cross the border?

If the border guards do not let you through the border even if you have confirmation of the grounds for departure, the first step is to contact the head of the checkpoint or the State Border Guard Service hotline.

What should I do if I did not get a stamp of departure at the border?

Who is entitled to accompany a disabled person of group 2?

How to arrange care for a person with the second disability group?

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