Strategies for Ukrainians Abroad to Mitigate Risks

On May 18, 2024, a new mobilization law came into effect in Ukraine, introducing two main requirements for men living abroad:

1. The obligation to update military registration data for men aged 18 to 60.
2. The requirement to carry a military ID when receiving consular services.

These changes have sparked a wave of questions and concerns, which remain relevant today. Firstly, there are questions about the possibility of conscription for citizens abroad and the consequences for those without a military ID—whether entirely absent or not carried with them. There is concern about losing access to consular services, which could affect the ability to renew or obtain a residence permit or passport in the country of actual residence.

Investment migration experts from Migronis have answered the most frequent and pertinent questions of interest to Ukrainians living abroad. We provide Migronis services, drawing on our expert support and partnerships. The materials have been prepared with legal expertise from AО "Juscutum", ensuring the accuracy and reliability of the information provided.

What data needs to be updated and what are the risks?

Necessary Updates:

• The Territorial Recruitment Center (TCC) you are assigned to.

• Your current military accounting specialty.
• Residential address.
• Contact information.

Data updates can be made through the Reserve+ portal—a specialized resource for this purpose. You can also send updated information by mail to the address of your Territorial Recruitment Center (TCC). Alternatively, you can send the information to the email address provided by the TCC.

If you live abroad and have not updated your information, it may lead to difficulties in obtaining consular services, such as applying for a new passport, and complicate interactions with government authorities.

Can a Ukrainian abroad be drafted into the army?

The mobilization law does provide for the possibility of drafting Ukrainian citizens residing abroad. However, in practice, there are significant procedural obstacles. Currently, the only legitimate method of drafting is sending paper summonses to the actual place of residence abroad. Implementing this method in practice is challenging, and electronic notifications through the "Diia" portal are not considered a legally valid means of drafting.

If I update my data, can I receive a summons abroad? And can a case be started against me if I do not respond to it?

If you update your data, it does not exclude the possibility of receiving a summons abroad.

Here's what you need to know:

1. Receiving a Summons: In theory, if your data is updated and you are abroad, you might receive a summons sent to your current address. However, in practice, delivering summonses abroad faces significant challenges, and implementing this process is difficult.
2. Responding to a Summons: If you receive a summons and do not respond, it may have consequences. Currently, the law provides that failure to appear for a summons may result in penalties such as fines or criminal liability. However, these measures are more likely to be enforced if you return to Ukraine, as monitoring compliance abroad is more challenging.

At present, there is no official information about imposing fines, administrative, or criminal liability for not updating military data for men residing abroad.

I have not lived in Ukraine for a long time and have never received a military ID. Can I be required to come to Ukraine to obtain the ID?

There are cases where a person has not received a military ID due to objective life circumstances, such as living in another country. The law does not require citizens who permanently reside abroad to obtain a military ID, as this document is issued exclusively by territorial military commissariats within Ukraine. The absence of a military ID for such individuals is not considered a legal violation.

Does the new mobilization law introduce additional rules that contradict the European Convention on Nationality?

The new mobilization law does not, at a normative level, contradict the provisions of the Convention. However, if the law introduces requirements that may infringe on the rights of citizens living abroad and that are contrary to the laws of the host country, this could be seen as a violation of international standards.

If you are denied the issuance of identification documents, you may attempt to challenge this in court. To do so, you would need to go through all judicial instances in Ukraine and receive a denial at each level. After this, you could appeal the decisions of Ukrainian courts to the European Court of Human Rights.

This process is lengthy and complex, and its outcome is difficult to predict.

What should I do if I cannot obtain a document from the consulate necessary for extending/applying for a residence permit?

If the consul refuses to issue you the document, you can submit a written request for an official written refusal. This document can serve as proof that you were unable to obtain the necessary documents and can be used when approaching the immigration authorities of the country where you are staying. With this document, you can request that your case be considered in an exceptional manner—either directly by the immigration service or through the courts if the immigration service is uncooperative.

Can I avoid obtaining a new national passport after its expiration/change of surname if I live permanently abroad?

A Ukrainian citizen is required to have a valid passport while staying abroad. However, in the context of martial law, both domestic and foreign passports remain valid even after their expiration or if they do not have a new photo inserted upon reaching the age of 25 or 45, for a period of 30 days after the introduction of martial law.

Can I hold two international passports at the same time? Is there any benefit in applying for a second one right now?

Yes, in Ukraine, it is possible to hold two international passports simultaneously if you have a valid reason for it. For example, having two passports can be beneficial if you need to travel frequently or if one passport is with the consulate for visa processing. Currently, applying for a new passport abroad is only possible if you provide a military ID at the consulate.

Does an international passport become invalid if all the pages are used up?

An international passport becomes invalid when all pages for visas and stamps are filled. In this case, you will need to obtain a new passport. Even if the passport's validity period has not expired, the lack of free pages makes it unsuitable for new visas and other entries.

However, if you are abroad as a refugee or under temporary protection and it is possible to apply for a residence permit directly in that country, you can still do so. For example, this approach is possible in Portugal.

Which consular services will become unavailable to people with unupdated military registration data or without a military ID?

Consular services, in addition to passport issuance, include:

• Notarial actions (e.g., issuance of powers of attorney, certification of signatures, etc.)
• Registration of civil status acts (marriage, divorce, etc.)
• Issuance of a certificate of no criminal record and other legally important certificates
• Driver's license renewal

If the requirements of the new mobilization law are not met, access to these services may be restricted.

Regarding the certificate of no criminal record, men aged 18 to 60 will not be able to obtain it abroad. In theory, the certificate can be ordered through the "Diia" portal or through a representative at the Ministry of Internal Affairs service center in Ukraine. However, in practice, this option for men of conscription age is limited.

I received a military ID, but I lost it/left it in Ukraine. What should I do now?

If you have lost your military ID or left it in Ukraine and are living abroad, it may be challenging to replace it. Military IDs are issued and replaced exclusively by territorial recruitment centers (TCCs) at your place of permanent residence in Ukraine. Duplicates of military IDs are not issued abroad.

What to do in this situation:

• Contact the consulate: Submit a request to the Ukrainian consulate explaining the circumstances of the loss or leaving of your military ID. They may provide instructions on the next steps.

• Replacement through military authorities: Military authorities in Ukraine, based on archival data, may issue a new military ID. However, the replacement and delivery of the new ID through the consulate may be complicated due to possible restrictions.
• Prepare documents for returning to Ukraine: Until the temporary ban is lifted, consulates may assist in preparing documents necessary for your return to Ukraine.

Important: The possibility of obtaining a duplicate military ID through the consulate may be limited. It is recommended to check the availability of this service directly with the consulate.

Can a Ukrainian citizen renounce their citizenship?

Yes, a Ukrainian citizen can renounce their citizenship, but the process is complex and has several important nuances.

Firstly, consular services for men of conscription age need to be resumed, and there is currently no official information on this.

Secondly, men must update their military registration data and have their military ID with them.

It is important to remember that renouncing citizenship will be challenging if you do not have permanent residence in another country. The procedure for renouncing citizenship can take up to a year.

To update or not to update data?

Updating your data is a necessary step to maintain your legal status abroad. Failing to update your data and not providing your military ID can lead to the following issues:

• Immigration Risks: Inability to extend or obtain a residence permit, which could jeopardize your legal status in the country.
• Legal Difficulties: You will not be able to perform notarial actions, manage property, or represent your interests without the necessary documents.

What to Do Now?

In the current uncertainty related to the temporary ban on consular services for men, it's crucial to act thoughtfully. The ban may persist, blocking access to most services abroad, except for documents needed for returning to Ukraine.

1. Updating Data and Military Ticket: Once consulates start accepting requests from men, you will need to update your military registration data and have your military ticket for any documentation processes.
2. Obtaining Legal Documents: Prepare all necessary documents and certificates (such as those related to criminal records, marital status, etc.) that might be needed in the future.
3. Power of Attorney: If you have property or assets in Ukraine, arrange notarized powers of attorney for representation and management of your assets.
4. Backup Passport: If possible, consider applying for a second passport as a precaution.
5. Restoring Military Ticket: If necessary, use the consulate to contact the Ukrainian military commissariat for the restoration or replacement of a lost military ticket.
6. Document Preservation: Safely keep all existing identification documents (driver's license, military ticket) that may be needed for identity verification in the future.
7. Consider Second Citizenship: For long-term stability, think about obtaining second citizenship through investment.

Your preparedness now will ensure legal protection and stability in the future. We have updated the information with the latest news for Ukrainians living abroad. While awaiting further updates, we recommend reading our article "Best Ways to Obtain a Passport and Residence Permit in 2024 – A Guide for Ukrainians." This article will help you better understand the current situation and provide useful planning tips.

Additionally, the Migronis team of professionals is ready to assist you with citizenship and residence permit issues. Contact us for personalized consultation and support at every stage.

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