Acquiring Ukrainian citizenship

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Acquiring Ukrainian citizenship 12.04.2016 18:22

According to the Law on Ukrainian citizenship, Ukrainian citizenship can be acquired on such grounds:

by birth;
by territorial origin;
as a result of legal procedures granting citizenship;
as result of renewal of citizenship;
as a result of adoption;
as result of guardianship or custody in the case of a minor;
as a result of guardianship/custody appointed a person recognized as incapable by court;
due to a minor's one or both parents being citizens of Ukraine;
as a result of filiation;
due to other reasons envisaged by international treaties to which Ukraine is a party.

Grounds for acquiring Ukrainian citizenship

The main ground of acquiring Ukrainian citizenship is acquires Ukrainian Citizenship by Birth which is based on 2 basic principles: principle of blood and principle of territory. They mean that person who was born whether on the territory of Ukraine or from Ukrainian parents (or even one of them is Ukrainian). Reasons to acquire Ukrainian citizenship by birth are:

Person whose parents (or one of them) were citizen of Ukraine at the time of that person's birth shall be a citizen of Ukraine.
Person, who was born on the territory of Ukraine of stateless parents being lawful residents of Ukraine, shall be a citizen of Ukraine.
Person, who was born outside of Ukraine, of stateless persons being lawful permanent residents of Ukraine, and if that person did not acquire foreign citizenship by birth, shall be a citizen of Ukraine.
Person, who was born on the territory of Ukraine, of parents being foreign citizenships and lawful permanent residents of Ukraine, and if that person did not acquire either parent's citizenship at birth, shall be a citizen of Ukraine.
Person, who was born on the territory of Ukraine, of parents with either of the parents having the refugee status or granted asylum in Ukraine, and if that persons did not acquire either parent's citizenship or acquired the citizenship of the parent having the refugee status or asylum in Ukraine, shall be a citizen of Ukraine.
Person, who was born on the territory of Ukraine, of parents with one being a foreign citizenship and the other a stateless person permanently and lawfully residing in Ukraine, and if that person did not receive the foreign parent's citizenship at birth, shall be a citizen of Ukraine.
A new-born found baby on the territory of Ukraine, without known parents (i.e., in the case of a foundling), shall be a citizen of Ukraine.

The term of consideration of the application is no more than 1 year.

Person who is entitled to Ukrainian citizenship by birth shall be a citizen of Ukraine from the date of birth.

Granting Ukrainian citizenship

Another main ground of acquiring Ukrainian citizenship is acquire Ukrainian Citizenship as a result of (legal procedures) granting citizenship. It means that foreigner or stateless person may be granted Ukrainian citizenship if he/she duly applies for it and has reasonable grounds for it.

The conditions on which Ukrainian citizenship may be granted shall be as follows:

1. Recognition and observance of the Constitution of Ukraine and other laws of Ukraine.

2. Obligation to terminate foreign citizenship or having no foreign citizenship.

If persons that were citizens of countries bound by international treaties with Ukraine, allowing their citizens to apply for Ukrainian citizenship provided they can prove that they are not citizens of the other contracting party.

Foreigners shall undertake to terminate foreign citizenship and submit a document attesting to the fact, issued by a competent authority of that other country, to the Ukrainian authority accepting their application for Ukrainian citizenship (declaration of intention) and supporting documents, which document shall be submitted within two years from the date of granting the applicant Ukrainian citizenship. In case such persons, being in possession of all legally required documents to receive this document and being unable to receive due to reasons beyond their control, or if such persons have the refugee status or are granted asylum in Ukraine, they shall submit declarations of renunciation of foreign citizenship.

An obligation to terminate foreign citizenship shall not be required from foreigners being citizens of countries whose legislation envisages automatic termination of citizenship once a foreign citizenship is acquired, or when international treaties with Ukraine stipulate such simultaneous termination, as well as from stateless persons (in this case they submit declaration on absence of foreign citizenship)

3. Continuous lawful residence in the territory of Ukraine for the last five years.

This clause does not apply to persons married to Ukrainian citizens for over two years or married to Ukrainian citizens over two years if their marriage is terminated by the death of the spouse.

With regard to persons having the refugee status or granted asylum in Ukraine, the term of continuous lawful residence in the territory of Ukraine is three years from the date of receiving the refugee status or asylum in Ukraine; regarding to persons entering Ukraine as stateless persons, the term is three years from the date of a receiving residence permit.

For foreigners and stateless persons who are in contract military service in the Armed Forces of Ukraine, the period of continuous lawful residence in the territory of Ukraine is three years from the date of entry into force of the contract of military service in the Armed Forces of Ukraine.

4. Receipt permission for immigration (permanent residence permit) in Ukraine.

This clause shall not apply to persons in possession of former Soviet passports in 1974 format with entries to the effect that they have a permanent or temporary registration in the territory of Ukraine, and nor shall it apply to persons with the refugee status or granted asylum in Ukraine and foreigners and stateless persons who are in contract military service in the Armed Forces of Ukraine.

5. Communication in Ukrainian language or understanding it to a degree sufficient for adequate communication using that language. This clause shall not apply to physically handicapped individuals (blind, deaf and/or mute).

6. Presence of legitimate sources of subsistence. This clause shall not apply to persons with the refugee status or those granted asylum in Ukraine.

Refusal of acquiring Ukrainian citizenship

Requirement of p. 3-6 shall not apply to persons with outstanding merits before their Fatherland or when granting them Ukrainian citizenship serves the national interests and also for minors living in Ukraine with either of the parents or guardian being allowed permanent residence in Ukraine.

But there are certain categories of foreigners who can be granted by Ukrainian citizenship. Ukrainian citizenship shall be refused a person in case:

That person has committed a crime against humanity or an act of genocide;
That person received a term of imprisonment in retaliation in Ukraine for a grave crime (until serving the term or when acquitted);
That person has perpetrated acts outside Ukraine qualified as grave criminal offences by Ukraine's legislation.

A person receiving Ukrainian citizenship and submitting a declaration refusing foreign citizenship shall undertake to return his/her original national passport to a competent authority of that other country. This requirement to return his/her original national passport does not apply to persons who were granted refugee status in Ukraine or asylum in Ukraine.

The term of consideration of the application is no more than 1 year.

Terms obtaining Ukrainian citizenship

The date of receiving Ukrainian citizenship as a result of granting citizenship is the date of a pertinent edict of the President of Ukraine.

There is also simplified procedure to acquiring Ukrainian citizenship as result of renewal of citizenship. In which you don’t need any conditions on which Ukrainian citizenship may be granted.

It regard only person that terminated Ukrainian citizenship and want to acquire Ukrainian citizenship again.

If person that terminated Ukrainian citizenship did not receive foreign citizenship and is applying for renewal of Ukrainian citizenship shall be registered as a citizen of Ukraine regardless that person being a permanent resident of Ukraine or any other country.

If person that terminated Ukrainian citizenship was granted a foreign citizenship, returned for permanent residence in Ukraine, and is applying for renewal of Ukrainian citizenship shall be registered as a citizen of Ukraine provided to terminate foreign citizenship and submit a document attesting to the fact, issued by a competent authority of that other country, to the Ukrainian authority accepting that person's papers for the renewal of citizenship, which document is to be submitted within a two years from the date of renewing that person's Ukrainian citizenship.

To receive Ukrainian citizenship in any grounds you shall appeal to the territorial division of Ukraine LCA on the place of living; submit an application with the necessary documents; obtain a certificate of registration of the citizen of Ukraine (which is the basis for obtaining passport of citizen of Ukraine) in the territorial division of Ukraine LCA on the place of living.

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