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Category: Stateless persons

04.03.21

Thousands of people living in Ukraine dream of becoming citizens. Like everyone else, they work, build relationships and families, generally make the future. Stateless persons are no different than reguar citizens. They do not differ in their language or accent, they just don’t have documentary evidence of their existence.

Such was the story of our beneficiary Olha. The woman was born in the Perm oblast in Soviet Russia. As a minor, she moved to Ukrainian SSR. The woman had a passport of a USSR citizen. She was married and had a son.

Olha lost all documents in an accident and could not recover them. She tried to obtain a passport of a citizen of Ukraine several times but failed due to a number of reasons. Olha dreamed that one day she would receive a passport of a citizen of the country where she lived a large part of her life, gave birth to a son and where she continues to work diligently.

Following the recommendation of the State Migration Service of Ukraine, with the hope of obtaining at least a birth certificate, the woman applied to the Kharkiv office of the Right to Protection CF.  After a detailed conversation with Olha, our colleagues began a hard and long work.

Thanks to the assistance of the Kholodnohirsky District Department of State Registration of Civil Status Acts of the Eastern Interregional Department of Justice of the Ministry of Justice of Ukraine (in Kharkiv), Olha’s birth certificate was received from the Russian Federation within a few months.

During the conversation it turned out that Olha had already applied to the court to establish her citizenship of Ukraine. But the woman did not formulate her request to the court precisely because of lack of knowledge of legal language. As a result, the State Migration Service was unable to enforce the court decision.

Our lawyer sent a statement to the court and later received a decision with the appropriate formulation of the operative part. This helped Olha to finally apply to the State Migration Service to establish her Ukrainian citizenship.

Within a few months, Olha received a certificate of registration as a citizen of Ukraine. The woman immediately applied to the SMSU for a passport. Olha’s dream came true – she Finally received the passport of a citizen of Ukraine!

Мрія стати громадянкою України. Історія Ольги The dream to become a citizen of Ukraine. Olga's story

Now the woman’s life is completely normal. She has registered her place of residence, is officially employed and is already starting to receive congratulations on her upcoming wedding in March.

We join in with the congratulations and wish Olha further success and a happy life!

UNHCR Ukraine – United Nations High Commissioner for Refugees in Ukraine

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03.03.21

In the fall of 2019, Yevhen came to Bakhmut to change a photo in his passport after reaching the age of 45 years. But the man had a stroke and was hospitalized.

The treatment lasted for a long time, and after discharge from the hospital Yevhen recovering for several more months. In result he missed the State Migration Service of Ukraine (SMSU) application deadline for a passport photo change. In addition, the man accidentally dropped his passport in water which resulted in it’s damage.

The SMSU refused to accept Yevhen’s application for pasting a photo into his passport, as the document had significant damage.  Witnesses were needed to confirm the man’s identity. Employees of the Migration Service also informed him that it is necessary to apply for registration and issuance of a passport to the SMSU unit at the place of residence registration.

Yevhen had other identity documents, but he did not know that they could also be used for the procedure. As a result of the disease, it was difficult for the man to give clear explanations to the governmental body, which also affected the situation to some extent.

The man decided that he needed to go to the SMSU department at the place of his registration.  Yevhen had no money for such a trip. His pension/social benefits card expired, and it was impossible to get a new one with invalid passport. All his pension remained on the card without the possibility of using the funds…

In January 2021, the man applied to the office of the Right to Protection CF. Lawyers Yevhen Fedorinov and Kateryna Demchenko accompanied the man to the SMSU. Employees of the service were offered to inspect other documents proving Yevhen’s identity together with his damaged passport. Our colleagues stressed that the changes in the legislation provide the possibility to apply for a passport to any department of the State Migration Service of Ukraine during quarantine. Therefore, the application for a passport was accepted.

інсульт stroke Історія Євгена Yevhen story

On February 23, Yevhen received a new passport! Finally, the man will be able to reissue the card and use his pension funds!

UNHCR Ukraine – Aгентство ООН у справах біженців в Україні

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24.02.21

Statelessness is a multifaceted problem. Even people who are legally citizens of Ukraine have no opportunity to practically exercise most of their rights without documents.

We have repeatedly told the stories of people who failed to replace Soviet passports, or were simply not issued a passport for some other reason. The story below is about the importance of timely updating the documents, because a passport with outdated information is not considered valid. Sometimes however as in such a situation, it is simply not possible to timely update the documents.

Our beneficiary Natalia was born in Shakhtarsk, Donetsk region of Ukraine. There she married and had a child. After marriage, she changed her last name, but she never managed to get a passport with a new last name. The conflict in eastern Ukraine, which began shortly thereafter shifted all the plans. Despite her young age (Natalia was only 22 at the time), she had to move to Russian Federation.

In 2020, the girl was finally able to return to Ukraine. She really wanted to see her family. However, updates to the passport were needed in order to be able to enter Non-Government Controlled Areas. 

After applying to the State Migration Service of Ukraine to exchange her passport in connection with the change of surname, Natalia was refused due to lack of documents. In fact, the only passport she left with was marked as «subject to exchange».

Not having the confidence and understanding how to solve such a difficult issue, Natalia turned to the Right to Protection CF for help. The time was short. Back then the girl lived with people who were not indifferent to her situation and helped her out of pity. But the problem was that at any moment she could have been asked to leave the house where she temporarily lived. There was a risk of being left without housing and livelihood at all.

«Above all, I dream to see my family!»

– said Natalia.

The Fund’s lawyers analyzed the documents which the beneficiary had and made appropriate requests for additional information. Subsequently, a birth certificate and a marriage certificate were obtained. Eventually, Natalia replaced her passport. Her dream to see the family has finally come true!

паспорт щоб побачити рідних passport to see family

UNHCR Ukraine

United Nations High Commissioner for Refugees in Ukraine

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11.02.21

In the end of 2019, R2P monitors met with Halyna (name changed) in one of the villages in the Donetsk region. All this time her only identifying document was the USSR passport, which is not considered as a legal proof of identity in Ukraine.

Halyna comes from the Crimea. In 2000, she moved to the Donetsk region. In addition to all mentioned, she has problems with the musculoskeletal system, which makes her mobility much more difficult.

According to the Law of Ukraine “On Citizenship”, Halyna is a citizen of Ukraine. Her Soviet passport contained a note of her residence registration in the Autonomous Republic of Crimea as of August 24, 1991. However, she never received a Ukrainian passport. At first there were no passport forms for exchange, and then she just somehow forgot about the need for it.

Halyna even had a Soviet birth certificate, which however was in a poor condition. The presence of the birth certificate original is a prerequisite for applying for a passport of a citizen of Ukraine for the first time. The woman tried to obtain a passport on her own and renew her birth certificate with the State Migration Service, but unfortunately without any success.

The lawyer of the Right to Protection CF received a new birth certificate and prepared all the necessary documents. But then another problem emerged with obtaining a ticket in the migration service electronic queue. There was no room in the queue. Even in midnight it was impossible to get a coupon to visit the State Migration Service of Ukraine to issue a national passport. We had to wait more than a month to get a coupon. Suddenly a new problem arose – a quarantine. All entries in the electronic queue have been canceled.

Later, the lawyer received a new coupon to the SMSU. When Halyna arrived with all the necessary documents and two witnesses, she was denied again. It turned out that the State Migration Service must obtain the approval of the management to issue a passport of a citizen of Ukraine in such a difficult case.

The third attempt to obtain a ticket in the electronic queue took about a month. Given the state of Halyna’s health, as well as remoteness of her residence from the city of Bakhmut where the city department of the SMSU is located this third attempt was a real trial.

Fortunately, in early November 2020, when the woman returned to the migration service being accompanied by R2P lawyer and monitor, her documents were accepted for consideration and an identification procedure was carried out with the participation of two witnesses.

3 талони в електронній черзі, рік випробувань, ціле життя без паспорту. Історія Галини 3 electronic queue coupons, a year of trials, a life without a passport. The story of Halyna

As a result, in January 2021, Halyna finally received her new passport and was able to apply for a pension. It has been more than a year until she finally received a Ukrainian passport.

UNHCR Ukraine – Aгентство ООН у справах біженців в Україні

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03.02.21

Our beneficiary Maksym has been living in Slovyansk since 1986. He has never received a passport of a citizen of Ukraine. Maksym is disabled, has lost his eyesight and moves in a wheelchair.

In 2016, he tried to obtain the document on his own. The State Migration Service of Ukraine (SMSU) managed to establish the identity of the man, but not the citizenship. Two years later, Maksym once again applied to the service to obtain a passport, but also with no luck.

He realized that he required professional legal aid in order to obtain the document. Maksym turned to the office of the Right to Protection CF in Slovyansk. Our Fund’s lawyer helped Maksym recover his lost birth certificate. After that, we applied to the court to establish the fact of Maksym’s permanent residence with his parents in Ukraine as of November 13, 1991. 

We even had to search for a witness in order to confirm this fact. Fortunately, a neighbor who had known the man since childhood agreed to come to the court to help.

With a court decision in his favor, Maksym appealed to the territorial department of the SMSU and finally received a certificate of registration as a citizen of Ukraine, and later, in December 2020 – a passport.

Історія Максима. Паспорт для того, аби побачити Maksym Story Passport to See

“When I received my passport, I immediately signed a declaration with my family doctor and underwent eye surgery. Previously, without documents, I could not receive even basic medical help… “

–  Maksym commented after finally receiving his first passport in life.

UNHCR Ukraine – United Nations High Commissioner for Refugees in Ukraine

Also read:

28.01.21

What is the difference between the asylum seeker and person in need of additional protection? How to appeal the refusal to recognize a person as a refugee? What are the rights of a stateless person? How to confirm the citizenship of Ukraine?

Comprehensive answers to these and other questions can now be found in the handbook “Legal Protection of Asylum Seekers, Refugees and Stateless Persons in Ukraine” which was developed by the Right to Protection CF team specifically for lawyers and attorneys who work or have just begun to work with the cases of asylum seekers, refugees and stateless persons.

Goal of this handbook is to systematize knowledge and skills in the field of protection of the rights of these persons. Each page has valuable and practical information. Handbook consists of two sections with corresponding subsections.

R2P hopes that the collected information will be useful, interesting and helpful to every human rights activist!

Handbook can be viewed or downloaded
following this link (in Ukrainian).

11.01.21

From birth Leonid lived in Ukraine. In the 1990s, he lost the passport of a citizen of the USSR, the only passport he had at that moment. Due to lack of need, the man never thought about renewing the documents and getting a Ukrainian passport in time.

But one day everything changed. In 2019 Leonid was given a disappointing diagnosis and required urgent surgery and treatment, which are impossible without documents. The man applied to the migration service for a passport of a citizen of Ukraine. In result of the inspection, he was denied on the grounds that his citizenship could not be established. Leonid was advised to apply to the Right to Protection CF for legal assistance.

The lawyer at our organization made several inquiries, prepared and submitted an application to the court to establish the fact of Leonid’s residence on the territory of Ukraine from the period of independence. As a result of a difficult trial, the fact of residence was established by the decision of the Leninsky District Court of Kharkiv.  In September 2020. After all the necessary documents were collected the procedure for Leonid’s citizenship of Ukraine was started.

On 1-st of December, Leonid received a certificate of registration as a citizen of Ukraine.  Immediately then, he submitted an application to obtain a passport of a citizen of Ukraine to the Kholodnohirsky Regional Department of the State Migration Service of Ukraine (SMSU) in Kharkiv region.

Thanks to the cooperation of the SMSU with the Right to Protection CF, as well as the great job done by the Migration Service staff, Leonid came into the New Year 2021 in a new status of a citizen of Ukraine. Now he can finally receive proper treatment, open his own bank account, exercise his civil and political rights, same as everyone else. 

Паспорт на Новий рік New Year Passport

As Leonid said, this was the best New Year gift for him:

«For a moment I felt completely desperate. I was prepared to live the rest of my life without a passport, although in reality I dreamed of receiving it one day. New Year is a magic time when all dreams come true! I believed in a miracle again!»

Recently we told the story of our another beneficiary Pavlo who was in a similar situation and had to live 27 years without a legal identity.

31.12.20

Due to the life circumstances Oleksandr became homeless. He lost his family, hope for the future and his overall health condition worsened much. The only thing he had is an old Soviet passport, which is completely useless today as there is no such country on the political map of the world.

For a long time Oleksandr has been living in a warehouse. In addition, the man had vision problems. 

Oleksandr contacted us for help in order to update his documents and obtain a passport of a citizen of Ukraine, which he never had. With the help of a lawyer from the Severodonetsk office of the Right to Protection CF, the necessary documents were collected. The department of the State Migration Service of Ukraine registered Oleksandr as a citizen of Ukraine even without the need of a court procedure.

After receiving his passport, Oleksandr was able to settle in a dormitory and receive much needed medical care. These holidays a man will finally meet in the warm.

Олександр нарешті отримав паспорт громадянина України Olexandr finally received the passport of a citizen of Ukraine

29.12.20

In December 2020, the dream of our beneficiary Mr. Mykhailo finally came true – he received a passport of a citizen of Ukraine.

For 2.5 years, lawyers of the Right to Protection worked actively to help Mykhailo obtain a passport. The process was quite a complicated one: court hearings, legal inquiries, cooperation with the State Migration Service of Ukraine and the Registry Office. But the end result was totally worth it!

Mykhailo was born in the Belarus SSR, where he received a passport at the age of 16. In 1988, the man permanently moved to the Ukrainian SSR to the city of Kramatorsk, Donetsk region, where he lived and worked all his life.

Although our beneficiary was employed, the fact of permanent residence on the territory of Ukraine as of August 24, 1991 was difficult to prove in court. The SMSU representative insisted on questioning at least one witness who could confirm the man’s residence in Ukraine.  Fortunately, such a witness was found and agreed to come to court.  In result, the court established legal fact of Mykhailo’s residence on the territory of Ukraine as of August 24, 1991.

But then another problem emerged – COVID-19 quarantine. Due to the restrictions imposed, Mykhailo could not obtain proof of citizenship for 9 months: in early 2020, the man applied to the Bakhmut City Department of the State Migration Service for a certificate of registration as a citizen of Ukraine and received it only in September.

With the certificate, the man was finally able to apply to the SMSU for a passport, but faced difficulties due to the lack of appropriate conditions for people with disabilities. On December 2 monitor of the Right to Protection CF accompanied Mykhailo and helped him to receive a passport.

Михайло отримав паспорт Mykhailo received a passport of a citizen of Ukraine

It is probably unnecessary to remind that a passport is the most important document in the life of any person. But for Mr. Mykhailo that’s a vital document. Without a passport, he could not receive medical help and a pension, despite the fact of having 20 years of work experience. Finally, Mr. Mykhailo will feel what it is like to be a citizen and have equal opportunities and rights as all the other people!