A2.2 Missing an immediate family member
Can I submit a claim in this category?
You can submit a claim in this category if:
(a) an immediate family member is or was missing;
(b) the disappearance of the family member was caused by Russia’s full-scale invasion starting on 24 February 2022; and
(c) the disappearance occurred within the internationally recognised borders of Ukraine, including the temporarily occupied territories and the territorial waters, or the disappearance was directly linked to an event that occurred in Ukraine’s territory.
Who is considered to be a “missing person” for this category?
A “missing person” is an individual:
(a) whose whereabouts are or had been unknown; and
(b) who has been reported as missing.
What can I claim under this category?
You can submit a claim for mental pain and anguish that you suffered due to your family member’s disappearance.
Is this category also for financial losses from the disappearance?
No, if your claim also relates to other losses, such as loss of income or support, you should submit a claim in category A3.7.
What does “an immediate family member” mean for this category?
You are an immediate family member for this category if you are the missing person’s:
(a) parent (biological, legally recognised adoptive parent, or stepparent, meaning the spouse of a parent);
(b) partner (spouse by legal marriage, or civil partnership); or
(c) child (biological, legally recognised adopted child, or stepchild, meaning the child of a spouse or civil partner).
Who is considered a “civil partner” for this category?
You may be considered a civil partner, regardless of gender, if at the time of the disappearance you:
(a) maintained a long-term close relationship with the missing person;
(b) lived and maintained a household together with the missing person;
(c) had common major expenditures with the missing person;
(d) provided to and received assistance from the missing person; and/or
(e) maintained other elements of a family relationship.
How can I prove my civil partnership with the missing person?
You can prove the existence of your civil partnership by submitting various types of evidence, for example:
(a) court decisions;
(b) wills and certificates of inheritance;
(c) proof of co-habitation;
(d) financial records (joint bank accounts, joint credit card statements, contracts, bank guarantees, shared bills, or evidence of shared expenses);
(e) correspondence addressed to both individuals at the same address (letters, packages, or official documents);
(f) social media and digital presence (public digital presence as a couple such as joint social media accounts, shared photos, status updates, or online interactions);
(g) photos and videos;
(h) healthcare and insurance records (listing as emergency contacts, beneficiaries, or dependants); and
(i) documents demonstrating the right of either partner to receive the other’s pension or benefits upon death.
This list is not exhaustive.
I am not an immediate family member of the missing person as defined for this category. However, the missing person and I were very close. Can I submit a claim?
You can submit a claim for the disappearance of such a family member if you can demonstrate that you have a legitimate interest in such submission. This means that your relationship must go beyond normal ties of affection. You should submit evidence proving:
(a) your family relationship with the missing person;
(b) your particularly close ties with the missing person; and
(c) elements of dependence with the missing person.
Examples of evidence include:
(a) court decisions;
(b) wills and certificates of inheritance;
(c) proof of co-habitation;
(d) family registration records;
(e) financial records (joint bank accounts, joint credit card statements, contracts, bank guarantees, shared bills, evidence of shared expenses);
(f) correspondence addressed to both individuals at the same address (letters, packages, or official documents);
(g) social media and digital presence (public digital presence such as joint social media accounts, shared photos, status updates, or online interactions);
(h) photos and videos;
(i) healthcare and insurance records (listing as emergency contacts, beneficiaries, or dependants); and
(j) documents demonstrating the right of either family member to receive the other’s pension or benefits upon death.
This list is not exhaustive.
Does my family member need to be registered in Ukraine’s Unified Register of Persons Missing Under Special Circumstances for me to be able to submit a claim?
For now, registration in this Ukrainian register is required to submit a claim in this category.
This will be updated in the future to allow you to submit a claim even if your family member’s disappearance is not reflected in this Ukrainian register.
Can I submit a claim for an immediate family member who was missing and was later found alive?
Yes, you can submit a claim for the mental pain and anguish that you suffered during the time that your family member was missing. Please include information on when your family member was found alive when you submit your claim under this category.
Can I submit a claim under this category if my family member first went missing and was later found deceased or declared deceased?
Yes, you can submit a claim for your mental pain and anguish during the time your family member was missing. Please include information on when your family member was found or declared deceased when you submit your claim under this category.
You should also consider submitting a claim under category A2.1.
Do I have to submit an ID document of my missing family member?
You should submit an ID document if you have one. You can also provide any ID number of the missing family member, such as their tax identification number, if you know it.
If you do not have this information, you can still submit a claim.
I have more than one immediate family member who are missing. Should I submit one claim or separate claims?
You can submit one claim for each immediate family member who is missing.
Another relative is submitting a claim under this category. Can I submit my own claim too?
Yes, you can submit a claim for your own mental pain and anguish caused by the disappearance of your family member.
My family member who disappeared was in the military, territorial defence, or law enforcement. Can I still submit a claim?
Yes, you can submit a claim even if the missing person was involved in the war or law enforcement. A future compensation commission could potentially take this into account when deciding on your claim.
My family member disappeared outside of Ukraine. Can I still submit a claim?
Yes, if the disappearance was directly linked to an event that occurred in Ukraine.
However, the claim must also meet other eligibility criteria: the disappearance must have occurred on or after 24 February 2022, and been caused by Russia’s aggression against Ukraine.
Before submitting a claim, should I first obtain a domestic court decision recognising my family member as missing?
For now, to submit a claim in this category it is required to have an extract from the Unified Register of Persons Missing Under Special Circumstances. Obtaining a court decision is not required. But if you have a court decision, this could help support your claim.
How can I demonstrate that my family member’s disappearance was caused by Russia’s full scale invasion of Ukraine?
You should provide as much information as possible about the event that caused the disappearance, including (if known) the date, location, and what happened. You should also provide any relevant documentation you have, such as a police report or other evidence concerning the event that caused the disappearance.
Do I need to determine how much mental pain and anguish I have suffered because of my family member’s disappearance?
No, you are not required to provide your own or an expert’s assessment of your mental pain and anguish, or any other evidence of this.
For field 26 of the Claim Form, my missing family member did not belong to one of the listed groups (member of the military, territorial defence, law enforcement, emergency/utilities/critical infrastructure worker, or medical personnel). Can I still submit a claim?
Yes. When submitting your claim, you can select that your missing family member did not belong to any of these groups.
My missing family member was convicted of a crime in relation to Russia’s aggression against Ukraine, or was subject to sanctions or other equivalent measures imposed by a government or an international organisation. Can I still submit a claim?
Yes. However, you should provide relevant information in the field provided.
After I submitted my claim, my missing family member was located, or was found deceased or declared deceased. What should I do?
This does not invalidate your claim, but you should update it to include this information.
If your missing family member was found deceased or declared deceased, you should also consider submitting a claim under category A2.1.