ACQUISITION OF THE CITIZENSHIP

LEGAL GROUNDS FOR ACQUISITION OF THE CITIZENSHIP OF UKRAINE

Issues concerning the citizenship of Ukraine are regulated by the Constitution of Ukraine, Laws of Ukraine, Decrees of the President of Ukraine, international treaties of Ukraine.

Main regulatory legal acts on the citizenship of Ukraine are the Law of Ukraine “On the Citizenship of Ukraine” and the Decree of the President of Ukraine of March 27, 2001 № 215 “On issues concerning the implementation of the Law of Ukraine On the  Citizenship of Ukraine" (in the wording of the Decree of the President of Ukraine of June 27, 2006 № 588), by means of which the Order of proceedings for applications on the issues of citizenship and the order of implementation of the adopted decisions is approved.

According to the Article 6 of the Law, the citizenship of Ukraine is acquired:

1.     by birth;

2.     by a territorial origin;

3.     due to granting of the citizenship;

4.     due to renewal of the citizenship;

5.     due to  adoption;

6.     due to establishment of the custody over a child, his or her placement to a kindergarten or to a health protection facility, children’s home, foster family or  tutelage over a child;

7.    due to establishment of guardianship over an incapable person recognized in that capacity by a court;

8.     due to citizenship of Ukraine of one or both parents of a child;

9.    due to affiliation;

10. due to  other grounds foreseen by the  international agreements of Ukraine.

However, it should be noted that reasons for a person to acquire the citizenship of Ukraine are determined individually, depending on his or her place of birth, descent, residence, family ties, etc. In particular, a person may acquire the citizenship of Ukraine in a simplified manner due to a territorial origin (Article 8 of the Law) or due to granting  the citizenship of Ukraine (Article 9 of the Law).

Execution of the citizenship of Ukraine acquisition is administered exclusively on the initiative of an individual. An application for the citizenship of Ukraine may be applied not only by a stateless person, but by a foreigner who undertakes to terminate a foreign citizenship within 2 years from the date of his or her registration as the citizen of Ukraine.

Individuals who have acquired the citizenship of Ukraine and were obliged to terminate a foreign citizenship, receive a temporary certificate of the citizenship of Ukraine for up to 2 years. Passport of the citizen of Ukraine is issued to such individuals only after the termination of a foreign citizenship, or if the declarations of the renunciation of a foreign citizenship has been issued by them.

Declaration on the renunciation of a foreign citizenship can be issued only if there are reasons beyond the person’s control to obtain the document of the renunciation of a foreign citizenship. Such reasons considered to be the non-granting of the document of the foreign citizenship termination to an individual in the terms set by the legislation of a foreign state, the absence in the legislation of a foreign state a procedure of termination of citizenship  on the initiative of an individual, high costs of the foreign citizenship termination issuance.

Acquiring of the citizenship of Ukraine by  territorial origin

Terms of the acquisition of the citizenship of Ukraine by  territorial origin is established by the Article 8 of the Law of Ukraine "On the Citizenship of Ukraine".

In order to acquire the citizenship of Ukraine by territorial  origin, a person  who him/herself or at least one of his/her parents, grandfather or grandmother, brother or sister (sibling or step), son or daughter, grandson or granddaughter were born or permanently resided within the territory of Ukraine until 24 August 1991, have to submit with the application the documents confirming the fact of the birth or the residence or the aforementioned relatives in Ukraine until 24 August 1991, as well as copies of documents proving the applicant's relationship with abovementioned individuals.

An application for the acquisition of the citizenship of Ukraine has to be submitted by a person to the territorial subdivision of the citizenship, immigration and registration of physical persons at the place of residence in Ukraine. With the application form and other documents, the document, confirming the applicant's identity and his or her residence within the territory of Ukraine, must be issued.

The decision on the acquisition of the citizenship of Ukraine by a territorial origin is taken by the Main Department of the Ministry of Internal Affairs, the Department of the Ministry of Internal Affairs of Ukraine in the Autonomous Republic of Crimea, regions,  Kyiv and Sevastopol within the period of up to 3 months.

Acquisition of the citizenship of Ukraine

Article 9 of the Law of Ukraine “On the Citizenship of Ukraine” establishes conditions for granting the citizenship of Ukraine, as well as an exhaustive list of conditions under which a person is granted the citizenship of Ukraine.

According to this Law, a foreigner or a stateless person has the right to acquire the citizenship of Ukraine only under the fulfillment of the necessary conditions.

Conditions of the acquisition of the citizenship of Ukraine are differentiated depending on the status of a person (foreigner or a stateless person), and person’s special status (granting the refugee status in Ukraine), civil status (marriage with a citizen of Ukraine).

Application for the acquisition of the citizenship of Ukraine may be applied by a foreigner or a stateless person permanently residing in Ukraine (has a permission to immigrate), recognizes and adheres the Constitution and Laws of Ukraine, speaks the state language or at least understands it to the extend allowing communication, and also has a legal means of subsistence in Ukraine.

One of the conditions for the acquisition of the citizenship of Ukraine by a foreigner is his/her continuous residence within the territory of Ukraine on legal grounds during the past 5 years. The term of continuous residence within the territory of Ukraine on legal grounds for persons to which refugee status was granted and for persons who entered Ukraine as persons without citizenship is 3 years.

The requirement for continuous stay is not applied to foreigners or stateless persons who are married to a citizen of Ukraine for more than two years and to foreigners or stateless persons who had been married to a citizen of Ukraine for more than two years in case when the marriage was terminated because of his/her death.

The citizenship of Ukraine cannot be granted to a person who committed an outrage on humanity or  genocide, was convicted to deprivation of liberty for committing grave crime in Ukraine  (until the clearing off or removal of convictions), has conducted within the territory of another state actions recognized by the legislation of Ukraine as a grave or especially grave crime.

The decision to grant a person the citizenship of Ukraine is made by the President of Ukraine. The date of acquiring the citizenship of Ukraine is the date of issuing of the relevant Decree of the President.