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Particularity of Receipt of the Citizenship of Ukraine. Laws and Regulations

To obtain citizenship in any country you have to know the bureaucratic procedures, correct filing of documents, knowledge of laws of the country. It is a long process and troublesome task, it is quite difficult for non-residents due to legal formalities, ignorance of the language and features of the procedures.

Passports of Ukraine is the final stage of the procedure for obtaining citizenship by non-residents of Ukraine, according to the Law of Ukraine “On the Citizenship of Ukraine”, there are several grounds on which it is possible to obtain Ukrainian citizenship. You get the citizenship of Ukraine according to:
– Simplified procedure that lasts 1 month and can be applied to certain categories of citizens. This procedure is for all citizens of the former USSR that were permanent residents of Ukraine on the date of proclamation of its independence, and for citizens who want to restore the Ukrainian citizenship.
– The general procedure lasts up to 1-1.5 years. This procedure can be applied to other categories of citizens.

Let’s consider the list of documents required for each ground to obtain Ukrainian citizenship.

1. Ukrainian Citizenship by birth:
1.1. If a person, whose parents were a citizen of Ukraine at the time of that person’s birth, one of the parents applies:
• Application Form;
• Birth Certificate;
• The passport of the citizen of Ukraine of the parent.
1.2. If a person was born in the territory of Ukraine with stateless parents, one of the parents applies:
• Application Form;
• Birth Certificate;
• Residence permit of the parent;
1.3. If a person was born outside Ukraine, whose parents were stateless persons with permanent right of residence of Ukraine, one of the parents applies:
• Application Form;
• Birth Certificate;
• Residence permit of the parent;
• Declaration of absence of foreign citizenship of a child.
1.4. If a person was born on the territory of Ukraine in the family of foreigners with a lawful residence permit in Ukraine, and if that person did not acquire either parent’s citizenship at birth, one of the parents applies:
• Application Form;
• Birth Certificate;
• Documents which confirm that the parents reside on the legal basis on the territory of Ukraine;
• Declaration of absence of foreign citizenship of a child.
1.5. If a person was born on the territory of Ukraine with one 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, one of the parents applies:
• Application Form;
• Birth Certificate;
• Certificate having the refugee status or granted asylum in Ukraine;
• Declaration of absence of foreign citizenship of a child.
1.6. If a person was born on the territory of Ukraine with one of the parents being a foreigner 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, one of the parents applies:
• Application Form;
• Birth Certificate;
• Parent’s document: one being a foreigner and the other a stateless person permanently and lawfully residing in Ukraine;
• temporary residence permit – a document that certifies the identity of a foreigner or a stateless person and acknowledges the legitimate reason for their temporary stay in Ukraine;
• Declaration of absence of foreign citizenship of a child.
1.7. If a new-born was found in the territory of Ukraine without parents, a representative applies:
• Application Form;
• Birth Certificate.

2. Ukrainian Citizenship by Territorial Origin:
• Application Form;
• 2 photos 3,5 x 4,5;
• Declaration of absence of foreign citizenship: a document in a which a given person testifies the absence of foreign citizenship, motivating this absence;
Persons having the refugee status or granted asylum in Ukraine have to submit declaration of the absence of foreign citizenship: a document in which a given person testifies the absence of foreign citizenship, motivating this absence.
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.
• A confirmation of the fact that a person was born on the territory of Ukraine. Statement of child’s Consent to the citizenship of Ukraine (aged 14 to 18 years).

3. As a Result Of (Legal Procedures) Granting Citizenship:
• The Application Form;
• 3 photos 3,5 x 4,5;
• Declaration of the absence of a foreign citizenship: a document in a which a given person testifie the absence of foreign citizenship, motivating this absence; or request to change citizenship;
• document which confirms continuous lawful residence on the territory of Ukraine for the past five years (for Foreigners) and past three years (for Stateless Persons);
• Soviet passports in 1974 format with mark “citizen of Ukraine”; or residence permit in Ukraine; or the document which confirms the basis for permission to immigration;
• Document which confirms the knowledge of state language. This condition is not applied to persons with certain disabilities (blindness, deafness, muteness);
• Document about legitimate sources of subsistence.
This list of documents may be change for obtaining of citizenship of Ukraine for a person who is married to a citizen of Ukraine for more than two years or a person 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 or in case of obtaining of immigration permit.

4. As Result Of Renewal of Citizenship:
• The Application Form;
• 3 photos 3,5 x 4,5;
• Document about termination of Ukrainian citizenship (certificate of termination citizenship of Ukrainian citizenship);
• declaration of absence of foreign citizenship: a document in a which a given person testifies the absence of foreign citizenship, motivating this absence.

5. As A Result Of Adoption:
• The Application Form;
• 2 photos 3,5 x 4,5, if the child is 7;
• Declaration of absence of foreign citizenship of a child: a document testifies the absence of foreign citizenship;
• Legal Decision of custody of a child;
• Child’s Birth Certificate – original and copy;
• Statement of child’s consent to become a citizenship of Ukraine (aged 14 to 18 years);
• Passport of the citizen of Ukraine of a guardian/custodian.

6. As Result Of Guardianship or Custody:
• The Application Form;
• 2 photos 3,5 x 4,5, if the child is 7;
• Declaration of absence of foreign citizenship of a child: a document testifies the absence of foreign citizenship;
• Legal Decision of custody of a child;
• Child’s Birth Certificate – original and copy;
• Statement of child’s consent to become the citizenship of Ukraine (aged 14 to 18 years);
• Passport of the citizen of Ukraine of a guardian.

7. As A Result of Guardianship/Custody by an Incapable Person:
• The Application Form;
• 2 photos 3,5 x 4,5;
• Declaration of the absence of foreign citizenship of child: a document testifies to the absence of foreign citizenship;
• Legal Decision Of Established custody of child;
• Passport of the citizen of Ukraine of guardian;
• Confirm custody of child of residence in the territory of Ukraine.

8. Due To a Citizenship of Ukraine of one or both Parents:
• The Application Form;
• 2 photos 3,5 x 4,5, if the child is 7;
• Child’s Birth Certificate – original and copy;
• Declaration of child’s foreign citizenship or stateless status;
• Ukrainian passport of one of the parents;
• Evidence of the fact that the second parent is a stateless person;
• Statement of child’s consent to become the citizenship of Ukraine (aged 14 to 18 years).

9. As A Result Of Filiation:
• The Application Form;
• 2 photos 3,5 x 4,5, if the child is 7;
• Child’s Birth Certificate – original and copy;
• Passport of the citizen of Ukraine of a father;
• Legal Decision Of Established Paternity;
• Declaration of mother’s foreign citizenship or of stateless person;
• Statement of child’s Consent to the citizenship of Ukraine (aged 14 to 18 years).

The conditions and the full list of documents for obtaining Ukrainian citizenship can always be found in the Decree of the President of Ukraine from 27.03.2001, № 215 on “The organizing of implementation of the Law of Ukraine”.

You can consult a qualified attorney on immigration in Ukraine. He will help to understand the intricacies of the Ukrainian legislation, will help to choose the right way to solve them, and also will accompany you to the competent authorities of Ukraine, and will support and protect your interests.

Author: Kateryna Bovan

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Kydalov & Partners
Average rating:  
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by Rami on Kydalov & Partners

Specificity of obtaining Ukrainian citizenship is more progressive than, for example, in Estonia. Since the simplified procedure applies to all Ukrainian citizens of the former Soviet Union. And in Estonia only applies to permanent residents until 1939.

Publication Date: 26.02.2016
Views: 2.5K

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